HomeMy WebLinkAboutResolution 2004-088CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2004-088
A RESOLUTION DENYING A SIDE YARD SETBACK VARIANCE REQUESTED
BY CALVIN BROOKMAN AT 3385 LAKE ELMO AVENUE
WHEREAS, Calvin Brookman has made application to the City of Lake Elmo for
a side yard setback variance in the R -1 zoning district to construct a new garage at 3385
Lake Elmo Avenue North, Lake Elmo, Minnesota.
WHEREAS, the Lake Elmo Planning Commission considered this variance
request at its September 27, 2004 meeting, and recommended that the variance not be
granted based on the following Findings:
I . The property can be put to reasonable use without the granting of the variance
requested. Reasonable use must be defined in the context of the reasonable
availability of locations that comply with R -1 setbacks to construct a garage of
the dimensions proposed.
2. The variance requested does not result from physical circumstances unique to
this property. Lot widths of 90 feet are common on properties developed
responsive to the Open Space Preservation Ordinance over the past eight
years. In addition, the circumstances leading to this request for variance are
partly the result of 1971 actions by the applicant with the construction of an
in- ground swimming pool at a locating on the site that precludes one (but not
all) location options for a garage structure that meets setbacks.
3. Granting of the variance will not change the essential character of the
neighborhood.
WHEREAS, the Lake Elmo City Council reviewed the side yard setback variance
requested by Calvin Brookman, 3385 Lake Elmo Avenue, at the October 5, 2004
meeting.
NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council
hereby denies a side yard setback variance request to allow Calvin Brookman, 3385 Lake
Elmo Avenue, to construct a new garage based on no physical hardship exists that would
support a variance in that sufficient room appears available on the site to construct a new
garage on the proposed dimensions that would fully comply with the setback standards.
ADOPTED by the Lake Elmo City Council on October 5, 2004.
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Lee Hunt, Mayor
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Brookman variance