HomeMy WebLinkAboutResolution 2009-040RESOLUTION NO 2009-040
A RESOLUTION APPROVING VARIANCE FROM THE MAXIMUM IMPER VO US COVERAGE
RATIO INANR -I ZONING DISTRICT TO ALLOW CONSTRUCTION OFANADDITIONAT
8199 HILL TRAIL NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Greg and Kathleen Lohmer, 8199 Hill 'frail North (the "Applicants ") have
submitted an application to the City of Lake Elmo (the "City ") for a variance to allow the
construction of a 147 square foot addition and associated breezeway that would add 112 square
feet of additional impervious surface coverage to a lot that already exceeds the maximum
coverage allowed under the R -1 Zoning District, 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 September 14, 2009; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated October 6, 2009; and
WHEREAS, the City Council considered said matter at its October 6, 2009 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the
Board of Adjustment 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 a 147 square foot addition and
associated breezeway that would add 112 square feet of additional impervious surface
coverage to a lot that already exceeds the maximum of 25% coverage allowed under the
R -1 Zoning District
4) That the Variance will be located on property legally described as Lot 6, Block 1, J.L.
Cohn Subdivision, Washington Co., Minnesota.
5) The proposed addition cannot be established under the conditions allowed by the city's
zoning regulations and no other reasonable alternative use exists. The applicants cannot
expand anywhere on the lot beyond the present footprint of the house without a variance,
and have stated that it is not possible to accomplish modern upgrades to the house
without a small addition beyond the present foundation. It is not feasible to remove
existing walkways and steps that are built into q hillside to offset the increased
impervious coverage. The addition could be built under the Shoreland Standards without
a variance.
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 site
is unique. The applicants' parcel is smaller than many of the lots within the R -I zoning
district and has a triangular shape that further reduces the amount of buildable land
compared to other properties in the area. The shape of the lot does not allow for further
reductions in impervious coverage to offset the proposed increase.
7) The unique conditions of the site were not caused or accepted by the landowner after the
effective date of the city's zoning regulations. The applicants' lot was created before the
City's zoning regulations were adopted. The applicants have not made any
improvements to the site that would alter their ability to build an addition that complies
with the zoning regulations.
Based on the foregoing, the Applicants' application for a Variance is granted.
1. The applicant shall provide for proper management of storm water away from the new
addition and shall not direct this water on to any neighboring property.
2. No new sidewalks or other pathways may be installed on the site to accommodate for the
sidewalks impacted by the new construction. Any new sidewalk must be offset by the
removal of the same area of existing impervious surfaces.
3. The property will be verified as compliant with the City's Shoreland Buffer requirements,
in effect at the time of approval, by the Washington Conservation District.
Passed and duly adopted this 6th day of October 2009 by the City Council of the City of
Elmo, Minnesota.
A. Johnston, Mayor
Bruce Messelt, City