HomeMy WebLinkAboutResolution 2011-050CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO 2011-050
A RESOL UTION APPROVING A VARIANCE TO ALLOW THE CONSIR UCTION OF A
THREE SEASONPORCH THAT IS CLOSER THAN THE REQUIRED SIDE YARD SETBACK
FR OM A STREET RIGHT- OF- WA Y ON A CORNER LOT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Alan IC-upferschmidt, 2769 Legion Avenue (the "Applicant") has submitted
an application to the City of Lake Elmo (the "City") for a variance to allow the construction of a
an addition to their home for a three-season porch that is set back, a minimum of 15 feet from the
12th Street right-of-way as platted within the Myron Ellman Subdivision, 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 October 24, 2011; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated November 1, 2011;
and
WHEREAS, the City Council considered said matter at its November 1., 2011 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following:
I'M ►
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 an addition to their home for
a three-season porch that is set back a minimum of 15 feet from the 12th Street right-of-
way as platted within the Myron Ellman Subdivision. A variance has been requested
because the Lake Elmo Zoning Ordinance requires a minimum setback of 25 feet from a
side yard abutting a street on a comer lot.
4) That the Variance will be located on property legally described as follows: Lot 9, Block 2
of the Myron Ellman Subdivision, Washington County and State of Minnesota.
Commonly known as 2769 Legion Avenue.
6) That the plight of the landowner is due to circumstances unique to the property not
created by the landowner. Specificfilndings: That the applicant's property is unique
due to its location adjacent to a publicly dedicated right-qf-way that will not be
improved./or a City Street, but is still subject to a corner lot designation and a resulting
setback of 25./eetfrom the southern property line®
8) That the proposed variance will not impair an adequate supply of light and air to property
adjacent to the property in question or substantially increase the congestion of the public
streets or substantially diminish or impair property values within the neighborhood.
Based on the foregoing, the Applicants' application for a Variance is granted.
Passed and duly adopted this I" day of November 2011 by the City Council of the City of Lake
Elmo, Minnesota.
A. Johnston, Mayo'r
ATTEST:
Craig Da*Xo' Interim City Administrator