HomeMy WebLinkAboutResolution 2002-056CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2002- 056
A. RESOLUTION APPROVING A SHORELAND OVERLAY DISTRICT VARIANCE
FOR RICHARD LEONARD & D.M. JAHNKE, 8242 HIDDEN BAY TRAIL
WHEREAS, at its May 29, 2002 meeting, the PIanning Commission
recommended approval of an application from Richard Leonard and D.M. Jahnke, 8242
Hidden Bay Trail for a shoreland overlay district variance to permit additions to the
existing house and garage based on plans staff dated May 29, 2002.
WHEREAS, at the June 18, 2002 meeting, the Lake Elmo City Council reviewed
the application of Richard Leonard and D.M. Jahnke for a shoreland overlay district
variance and made the following findings:
1. The existing home pre -dates Shoreland Regulations. The variance will not
result in additional encroachment to the Ordinary High Water elevation of
Olson Lake, or result in violating other Zoning Ordinance dimensional
standards.
2. The mass and scale of the home as the result of approving the variance will
remain in keeping with other homes located in the Shoreland Overlay District.
No special right of privilege to this property owner will result from the
variance.
3. The variance is not totally the result of actions by the property owners. The
imposition of Shoreland Standards after platting of the lot, and construction of
the existing home, has resulted in the entire home being located within the
OHW setback No home modifications are possible without a variance.
4. Several variances have been approved by the City under similar
circumstances: no additional encroachment on the OHW; no property owner
option to expand an existing home without violating OHW setback; and,
modifications to an existing home in scale with other lake front properties — as
a function of home living area.
5. Since any addition to the existing house would require an OHW variance; and,
as all other setback requirements would be completed with, this is the
minimum variance necessary to alleviate the hardship.
6. The variance is not detrimental to the purposes of the Shoreland Overlay
District, nor other properties in the R -1 zone.
NOW, THEREFORE, BE IT RESOLVED, the Lake Elmo City Council approves
the Shoreland Overlay District Variance for additions to the home and garage for Richard
Leonard and D.M. Jahnke at 8242 Hidden Bay Trail, based on the plans staff dated May
29, 2002 and the Findings and recommendation of the Planning Commission, including
two conditions:
Deletion of the proposed second driveway access to the fourth (lower) garage
stalls.
2. Inspection of the existing private septic system by a qualified professional, with a
report to the City as to inspection findings, and required upgrades to the system to
comply with Section 325.06 of the City Code. Inspection report and required
septic system upgrades shall be completed prior to issuance of any Building
Permits for house or garage additions.
ADOPTED, by the Lake Elmo City Council on the 18`j' day of June, 2002.
Q,
Lee Hunt, Mayor
ATTEST:
Mary uef r, City inistrator