HomeMy WebLinkAboutResolution 2002-036CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2002-036
A RESOLUTION DENYING THE ZONING VARIANCE REQUEST
OF DANIEL RUDE
WHEREAS, the Lake Elmo Planning Commission, at its March 11, 2002
meeting, reviewed and heard testimony regarding the application of Daniel. Rude to vary
from the R -1 Zoning Requirements of the Lake Elmo Municipal Code to construct a new
residence on a 24,032 square foot non - sewered parcel on Kraft Circle, that is legally
described as:
Part of Lot 7 being S 100 feet of Easterly 120.16 feet of Westerly
240.32 feet First Rearrangement Lot 3; and, the South 100 feet of
the West 60.08 feet of Lot 7, First rearrangement of Lot 3, Block 3,
Lake Elmo Park; and the South 100 feet of the East 60.08 feet of
the West 120.16 feet of Lot 7, First Rearrangement of Lot 3, Block 3,
Lake Elmo Park.
WHEREAS, the Planning Commission recommended denial of the application of
Daniel Rude for variances to Section 300.07 Subd. 4C3 (R -1 Minimum Lot Area);
Section 300.09 Subd. 2 (Contiguous Parcel Ownership); and, Section 300.09 Subd. 8
(Minimum Sewage Treatment Area) based on the following findings:
1. The requested variance does not exhibit extraordinary or exceptional
circumstances which do not apply generally to other properties in the R -1
zone or vicinity of the site. A significant number of vacant tax parcels, zoned
R -1 and of a similar parcel area exist within the platted area of the Old
Village.
2. The granting of the variance will confer on the applicant a special privilege
that is denied by standards of the Zoning Ordinance to other owners of land
under similar circumstances within the R -1 district. Numerous vacant tax
parcels of similar area are denied the privilege to construct a residence that
would be conferred on the applicant by approval of the variance.
3. The granting of the variance would be materially detrimental to the purposes
of the Zoning Ordinance by establishing significantly reduced standard for
unsewered R -1 lot area. Granting of the variance request would nearly triple
the land use intensity from that assumed by the Zoning Ordinance for
unsewered parcels.
4. The hardship claimed by the applicant is economic alone.
5. The hardship claimed is the direct result of actions by the applicant by his
failure to combine several substandard lots of record that are contiguous.
6. The applicant's existing reasonable use of the subject parcel is established by
the fact that, when the area of the subject parcel is combined with the area of
the three additional contiguous parcels owned by the applicant, and the land
area proposed to be purchased by the applicant from the City, the resulting
sum area is substandard for a single residence by R -1 standards. There is no
hardship demonstrated by lack of reasonable use of the subject parcel.
7. The approval of the variance would be inconsistent with the provisions of
Section 300.09, Subd. 2 of the City Code regarding contiguous non-
conforming parcels of record in common ownership.
8. Application assumes ownership of property not controlled by the applicant
and if this property is subtracted from area described in the first Whereas
clause hereof, the degree of variance compared to the City code requirements
becomes ever more severe, especially in regard to limited lot area.
WHEREAS, at its May 7, 2002 meeting, the Lake Elmo City Council reviewed
the zoning variance application of Daniel Rude;
NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council
hereby denies the zoning variance application of Daniel Rude based on the
recommendation and findings of the Planning Commission.
ADOPTED by the Lake Elmo City Council on May 7, 2002.
Lee Hunt, Mayor
ATTEST:
Mary , ueff City A i istrator