HomeMy WebLinkAboutResolution 2003-030City of Lake Elmo
Washington County, Minnesota
Resolution No. 2003 -030
A RESOLUTIOlN APPROVING A VARIANCE
TO THE SHORELAND STANDARDS
In R -1 Zoning District for Roger and Mary Kostelnik
WHEREAS, at its February 10, 2003 meeting; the Lake Elmo Planning Commission
reviewed and heard testimony regarding the application of Roger and Mary Kostelnik, to vary
from the standards of Section 325.06 — Shoreland Standards Subd. 4.A Placement, Design, and
Height of Structures; Setbacks from the Ordinary High Water (table) of the Lake Elmo City Code
with respect to the property generally described as follows:
LANES DEMONTREVILLE COUNTRY CLUB, Lots 495 & 496, 643 & 644, and the
northwesterly 10 feet of lots 497 & 652 and vacated street adjusting lots 495 & 644, 8098
Hill Trail North, Lake Elmo, Washington County, Minnesota, lying westerly of Lake
Demontreville, and easterly of the Centerline of Hill Trail North.
WHEREAS, the Lake Elmo Planning Commission recommended denial of this variance
request.
WHEREAS, said variance is to enclose an existing deck into a three - season porch and
construct a landing/deck 31 feet from the Ordinary High Water level of Lake Demontreville where
100 feet are required.
NOW, THEREFORE, BE 'IT RESOLVED, that the Lake Elmo City Council does
hereby make the following Findings concerning said variance:
i . The property cannot be put to reasonable use without granting the variance
requested.
2. The variance requested results from circumstances unique to properties where
principal structures were constructed prior to adoption of Shoreland Regulations,
and the circumstances of the variance were not solely created by the applicant.
3. Granting the variance will not change the essential character of the neighborhood,
as evidenced by substantial written support of the variance from neighboring
property owners.
BE IT FURTHER RESOLVED, a hardship has been demonstrated because the
property cannot be put to reasonable use without the requested variance, and this variance is
hereby approved, subject to the following conditions.
1. The enclosed deck will be maintained as and remain a "3- season porch." Said
condition to be evidenced by a covenant to be recorded on the title to the property,
2. The deck enclosure shall be equipped with roof gutters, with the downspouts
located at the furthest possible point from the lake, as determined by the Building
Official.
ADOPTED, by the Lake, uo City Council this 1St day of April,' 3.
Lee Hunt, Mayor
ATTEST:
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Charles E. Dillerud, Acting City Administrator