HomeMy WebLinkAboutResolution 2010-026CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO 2010-026
A RESOL UTION APPRO VING A VARIANCE FROM THE REQ UIRED SETBA CK FROM THE
ORDINARY HIGH WATER LINE OF DOWN'S LAKE AT 11905 21 IT STREET NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Richard Heath, 11905 21 s' Street 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 115 feet from the Ordinance High Water
Elevation of Down's Lake, 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 May 24, 2010; and
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 11905 21't Street North that would be set back 115 feet from the Ordinance
High Water Elevation of Down's Lake, which is 35 feet closer than the required setback
of 150 feet from a Natural Environment Lake under the Lake Elmo Shoreland Ordinance.
4) That the Variance will be located on property legally described as Lot 1, Block 1, of Eden
Park Second Addition, Washington Co., Minnesota.
Thisproperty is one of flfteen residential homes that have lots adjacent to Downs La
Downs Lake is cla by the DNR and city code as a Natural Environment lake,
which has the most restrictive setb both structures and
sewage treatment systems. I
The existing home was built in 1979 and the vast majority ofthe structure was built
within the 150.foot setback. The city approved a variance allowing construction of the
existing garage on the site in 198-7.
Based on the foregoing, the Applicants' application for a Variance is granted with the following
conditions:
1. During the demolition and construction activity related to the new garage addition, the
applicants shall address the comments provided by the Valley Branch Watershed District
in a letter to the City dated May 19, 2010.
2. Storm Water and Erosion and Sediment Control must be provided during construction
consistent with the Storm Water and Erosion and Sediment Control Ordinance.
3. No grading, filling, or other land alterations are allowed below the 100-year flood
elevation as documented on the site plan for the building addition.
4. Prior to the issuance of a certificate of occupancy for the building addition, certification
must be provided to the city identifying that the structure was built above the RFPE.
5. The proposed drainage and utility easement must be altered to encompass the entire 100
Year Flood Elevation, and specifically a small portion of the flooplain district
immediately north of the proposed addition that is not covered by the proposed. easement.
6. The proposed drainage and utility easement must cover the storm sewer pipe that runs
across the front of the applicant's property with at least 10 feet on each side of the pipe to
provide access to the city.
7. The septic system on the site must be inspected by a professional inspector licensed by
the PCA. Documentation must be provided to the city certifying that the inspector found
the septic system meets today's requirements and to confirm that there has not been a
hydraulic failure with the system.
Passed and duly adopted this I't day of June 2010 by the City Council of the City
Minnesota. /N
A. Johnston, Mayor
ATTEST:
Bruce Messelt, City Administrator