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HomeMy WebLinkAboutResolution 2009-045RESOLUTION NO 2009-045 A RESOLUTION APPROVING A VARIANCE FROM THE REQUIRED FRONT YARD SETBACK AT 11140 20' STREET COURT NORTH WHEREAS, the City of Lake Elm is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, James Burns, 11140 20th Street Court North (the "Applicant ") has submitted an application to the City of Lake Elmo (the "City ") for a variance to allow the construction of an addition to an existing residence that would be set back 22.8 feet from a front property line, a copy of which is on file with the City; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.017; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on November 9, 2009 and continued this hearing to its November 23, 2009 meeting; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated December 1, 2009; and WHEREAS, the City Council considered said matter at its December 1, 2009 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.017. 2) That all the submission requirements of said 154.017 have been met by the Applicant. 3) That the proposed variance is to allow the construction of an addition to the existing residence at 11140 20th Street Court North that would be set back 22.8 feet from a front property line, which is 3.2 feet closer than would be required using the average setback of the immediately adjacent structures. 4) That the Variance will be located on property legally described as Lot 2, Block 2, Schwartz-Martinco Addition, Washington Co., Minnesota. 6) The plight of the landowner is due to the physical conditions unique to the land and are not applicable to other lands, structures, or buildings in the same zoning district. The previous placement oaf fill on the property before the home was built and the irregular placement of the paved street within the right-of-way (and resulting large boulevard area) are unique to this site. Based on the foregoing, the Applicants' application for a Variance is granted. Passed and duly adopted this I" day of December 2009 by the City Council of the City of Lake Elmo, Minnesota. /"- , Dean A. Johnston, Mayor ATTEST: Bruce Messelt, City Ad inistrator