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RESOLUTION NO 2009-045 <br />A RESOLUTION APPROVING A VARIANCE FROM THE REQUIRED FRONT YARD <br />SETBACK AT 11140 20' STREET COURT NORTH <br />WHEREAS, the City of Lake Elm is a municipal corporation organized and existing <br />under the laws of the State of Minnesota; and <br />WHEREAS, James Burns, 11140 20th Street Court North (the "Applicant ") has <br />submitted an application to the City of Lake Elmo (the "City ") for a variance to allow the <br />construction of an addition to an existing residence that would be set back 22.8 feet from a front <br />property line, a copy of which is on file with the City; and <br />WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo <br />Zoning Ordinance, Section 154.017; and <br />WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter <br />on November 9, 2009 and continued this hearing to its November 23, 2009 meeting; and <br />WHEREAS, the Lake Elmo Planning Commission has submitted its report and <br />recommendation to the City Council as part of a Staff Memorandum dated December 1, 2009; <br />and <br />WHEREAS, the City Council considered said matter at its December 1, 2009 meeting. <br />NOW, THEREFORE, based on the testimony elicited and information received, the <br />City Council makes the following: <br />1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning <br />Ordinance, Section 154.017. <br />2) That all the submission requirements of said 154.017 have been met by the Applicant. <br />3) That the proposed variance is to allow the construction of an addition to the existing <br />residence at 11140 20th Street Court North that would be set back 22.8 feet from a front <br />property line, which is 3.2 feet closer than would be required using the average setback of <br />the immediately adjacent structures. <br />