HomeMy WebLinkAboutResolution 2007-060RESOLUTION NO 2007-060
WHEREAS, the City of Lake Elmo is a municipal corporation, organized and
existing under the laws of the State of Minnesota; and,
WHEREAS, the City Council of the City of Lake Elmo has adopted zoning regulations in
the Municipal Code to promote orderly development and utilization of land within the city; and,
WHEREAS, Paul Mencke ("Applicant ") is owner of property in Lake Elmo which is
legally described as follows:
LOT 3, BLOCK 1, LAKE JANE MANOR NO. 1, WASHINGTON COUNTY, MINNESOTA
WHEREAS, the Applicant property is located within the R -1 zoning district; and,
WHEREAS, City Code requires a setback of 100 feet from the OHW for Lake Jane for
all structures; and,
WHEREAS, City Code requires a setback of 10 feet from the interior side yard for all
structures in the R1 zoning district; and,
WHEREAS, the Applicant's home is currently located 71 -feet from the OHW of Lake
Jane; and,
WHEREAS, the Applicant's home is currently located 0.1 feet from the western property
line; and,
WHEREAS, the Applicant is seeking to construct a second story addition which will also
be nonconforming to Lakeshore and side yard setback requirements; and,
WHEREAS, the Planning Commission reviewed the request on August 27, 2007, and
unanimously recommended approval of the requested variances with conditions; and,
WHEREAS, the City Council reviewed the request on September 4, 2007, and made the
following findings of fact:
1. The request is reasonable as the applicant was not responsible for creating the
existing nonconformities;
2. None of the existing nonconformities will be expanded as a result of the second
story addition;
3. The circumstances surrounding the existing nonconformities are not generally
applicable to other structures in the R1 zoning district.
RES. NO.
Mencke Variances; 8838 Lake Jane Trail
PAGE 2
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo
hereby approves a 29 -foot variance from the required 100 -foot. Lakeshore setback for the
proposed second story addition; and,
BE IT FURTHER RESOLVED, that the City Council of the City of Lake Elmo hereby
approves a 0.1 -foot variance from the required i 0 -foot side yard setback for the proposed
second story addition; and,
BE IT FURTHER RESOLVED, that the approval of the requested variances shall include
the following conditions.
1. The applicant shall obtain all necessary permits and approvals from the City and
other applicable entities with jurisdiction prior to any future construction or activity on
the land.
2. The applicant shall comply with all septic regulations if a system upgrade is required
along with the proposed improvements.
3. The variance shall expire one year from the date of resolution if not acted upon; City
Council approval will be required for any subsequent extension.
This resolution was adopted by the City Council of the City of Lake Elmo on the 4th day of
September 2007, by a vote of -5- Ayes and Q Nays.
____ L"-6
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Mayor Dean Johnson
Susan Hoyt
City Administrator
(SEAL)