HomeMy WebLinkAboutResolution 2002-068CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2002 - 068
46301 4: ILI VA W001 0 1112 1, V LTZ-11 •
A. WHEREAS, Patrick Kinney represents that he and/or his. company, PJK Realty,
Inc., is the record fee owner of the following described parcels (both herein the "Kinney
Property "):
Lot 7, Beau Haven which is zoned R -1 and contains approximately 19,000 square
feet; and
2. Outlot G, Eagle Point Creek Estates which is. zoned RE and contains
approximately 11,4000 square feet.
B. WHEREAS, Kinney has applied to the City of the bake Elmo for a minimum lot
size variance so that a residential dwelling could be constructed on the Kinney Property; and
C. WHEREAS, it appears that Outlot G, Eagle Point Creek Estates should have been
rezoned from RE to R -1 in 1995; and
D. WHEREAS, the minimum lot size requirements for property located in the R -I
zone are less restrictive than the minimum lot size requirements of property located in the RE
zone; and
E. WHEREAS, the City Planner has indicated that the City should treat the Kinney
Property as if it were all zoned R -1 fob purposes of reviewing this variance application thereby
applying the less restrictive lot size standard to all of the Kinney Property; and
F. WHEREAS, the Kinney Property is not served by municipal sanitary sewer; and
G. WHEREAS, the City's development regulations indicate that:
For property which is not served by municipal sanitary sewer, the minimum lot
size in an R -1 zone is I and %a acres (300.07 Subd. 4 C.2).
2. Substandard lots will be considered buildable if the area and width of the
substandard lot are at least 60% of the minimum requirements, and if it is
demonstrated that a safe and adequate sewage treatment system can be installed
(300.09 Subd. 1).
If two or more non-contiguous parcels are owned by the same person, the parcels
must be combined to meet the minimum requirements (300.09 Subd. 2).
4. If public sewer is not available and not anticipated, single family home sites must
have a one acre on-site sewage treatment area; and
H. WHEREAS, the Kinney Property-,
Has 30,400 square feet;
2. Has a lot size which is only 48% of the minimum lot size requirement for property
in R- I zones;
Had been owned by the adjacent property owner who sold the property to Kinney;
4. Has less than one acre which can be utilized for an on-site sewage treatment area;
and
I. WHEREAS, a portion of the Kinney Property is located within the 940 flood
plain, and all of the Kinney Property is located within 300 feet of the shore line of Eagle Point
Creek; and
J. WHEREAS, it has not been demonstrated that a residential building could be
constructed in full compliance with all of the City's other zoning and flood plain regulations; and
K. WHEREAS, on May 29, 2002, the Lake Elmo Planning Commission, by a 4 to 3
vote, recommended approval of the variance;
L. WHEREAS, on June 18, 2002, the Lake Elmo City Council considered the
recommendations of the City Planner, the comments of the applicant and residents who appeared
at the meeting, the recommendations of the Planning Commission and directed the City staff to
prepare a resolution denying the application for a variance to be considered on July 16, 2002; and
M. WHEREAS, Patrick Kinney has twenty-three (23) years of real estate experience;
did not review the City's regulations prior to purchasing the Kinney Property; did not apply for a
variance prior to purchasing the Kinney Property; and did not purchase the Kinney Property
contingent upon the granting of the variance by the City.
NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby
denies the Kinney application for a minimum lot size variance and makes the following findings:
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1. The Kinney Property (given its location, size, prior ownership by an adjacent property
owner, and lack of public sanitary sewer) was and can be used in a reasonable manner as
part of one or more adjacent parcels, just as it had been used prior to the acquisition of the
Kinney Property by Patrick Kinney.
2. The plight of the property owner is due to circumstances created by the previous owner of
the property and by the applicant, and is not due to the unique circumstances of the
property.
The variance, if granted, may not change the character of the neighborhood, but a final
determination on this point cannot be made without a complete set of plans demonstrating
that a single family dwelling can be constructed in compliance with all other zoning and
flood plain regulations.
4. The applicant has not proven an undue hardship.
ADOPTED, by the Lake EImo City Council on the 16" day of July, 2002
Attest:
K4ary kueff&r /
City Administrator
FAusers'LORFJerrylLE\Kinney - Resolution Denying Zoning - 02.wpd
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Lee Hunt, Mayor
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