HomeMy WebLinkAboutResolution 2009-022RESOLUTION NO 2009-022
A RESOLUTIONAPPROVING VARIANCES FROM THE 100FOOTBUFFER SETBACK
REQUIRED FROM THE EDGE OFAN OPEN SPACE PRESERVATIONDISTRICT TO
ALLOW THE CONSTRUCTION OFANIN-GROUND POOL AND SPA AT 2931 JONQUIL
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, Vladimir and Silvia Hugec, 2931 Jonquil Trail North (the "Applicants"),
have submitted an application to the City of Lake Elmo (the "City") for a twelve foot variance
from the 100 foot buffer setback from the edge of an Open Space Preservation development at
2931 Jonquil Trail North to allow the construction of an in-ground pool and spa as shown on
Exhibit A as attached, 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 March 9, 2009; and
WHEREAS, the Lake Elmo Planning Commission has submitted its recommendation to
the City Council as part of a Staff Memorandum dated March 17, 2009; and
WHEREAS, the City Council discussed the application on March 17t" and reconsidered
said matter at its June 2, 2009 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the
Board of Adjustment makes the following:
OAS,
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 setback variance of twelve feet is to allow the construction of two
structures: an in- ground pool and spa at 2931 Jonquil Trail North.
4) That the Variance will be located on property legally described as Lot 12, Block 1, Farms
of Lake Elmo, Washington Co., Minnesota.
5) The proposed structures would not change the essential character of the neighborhood the
neighborhood as the two adjacent properties currently have in- ground swimming pools
and other accessory structures in their rear yards.
6) The rear yard of the property abuts Outlot A which is restricted by a conservation
easement and intended to be utilized for open space. The Lake Elmo Regional Park
Reserve is located directly to the south of Outlot A.
7) Existing and proposed vegetation, the slope of the rear yard, and the location of the
proposed structures in the rear yard reduce, or in some cases, eliminate the visual impact
to others.
8) The site characteristics allow the ability to add additional screening to enhance the
viewshed of the Lake Elmo Regional Park Reserve.
9) The proposed in- ground swimming pool and spa cannot be established under the
conditions allowed by the city's zoning regulations and no other reasonable alternative
use exists. The applicant's bought the existing home in its existing location with the
intention of building a swimming pool in the rear yard. The applicable setback
requirements outlined in the Open Space Preservation regulations and swimming pool
requirements leave little area in the Near yard of the property to be built upon.
10) 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
existing home was built, further back on the lot leaving little buildable area in the rear
yard. Although the lot abuts Outlot A which functions as preserved open space within the
development, approximately forty feet of the buffer setback encroaches on the rear yard
of the applicant's property. The,forty foot encroachment is an unbuildable area. The
applicants' home has also been built at a setback established by the other adjacent
parcels, and a swimming pool in the proposed location would match the existing setbacks
within the neighborhood. The adjacent parcels do not follow a consistent setback from
the boundary of the development, and the applicant's property does not have as much
buildable area in the rear yard for structures as other parcels in the neighborhood.
11) The variance will not change the essential character of the neighborhood. The proposed
pool and spa are similar to the structures in the neighborhood. Approval of the variance
would not change the character of the neighborhood. There is adequate room on the
applicants' parcel to provide screening that will not only mitigate any impacts to the
Lake Elmo Park Reserve property to the south but will enhance the current views from
the park to the applicants 'property.
12) The Council is disinclined to grant variances to permit encroachments into open space
buffers and looks upon them with disfavor. However, it finds the following unique facts
affecting this property and support the granting of a variance here:
a. The improvements are to be located at ground level or below thus eliminating or
reducing visual impact.
b. Both adjoining properties have the same type of improvement as that proposed
here with one being more intensely encroaching.
c. The parcel affords good opportunity for screening and screening trees will be
planted (and maintained as growing) pursuant to the direction of the City.
d. Additional buffering is provided to and from the Park Reserve and the topography
here renders the pool and spa unobtrusive.
1. Outlot A must not be used for material storage, vehicle travel, or other activities that
would be in violation of the conservation easement during the construction process.
2. A revised landscaping plan must be submitted prior to the issuance of a building
permit for the pool identifying at least two staggered rows of evergreen trees along the
rear of the property in a saw tooth design to create a visual buffer from the Lake Elmo
Regional Park Reserve. The trees shall not be less than four feet (4') in height and
maintained as growing.
Based on the foregoing, the Applicants' application for a Variance is approved.
Passed and duly adopted this 2"a day of June 2009 by the ouncil of the
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Dean A. Johnston,