HomeMy WebLinkAboutResolution 2011-034RESOLUTION NO 2011-034
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOL UTION APPR O VING A VARIANCE TO ALLOW THE CONSTRUCTION OF
BUILDING ADDITION THAT IS CLOSER THAN THE REQUIRED SETBACK FROM THE
ORDINAR Y HIGH WATER ELE VA TION OF LAKE ELMO
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Peter Vujovich, representing John and Bonnie Butenhof, 2976 Lake Elmo
Avenue (the "Applicants") have submitted an application to the City of Lake Elmo (the "City")
for a variance to allow the construction of an addition to their home that is set back 50 feet from
the Ordinary High Water Elevation (OHW) of Lake Elmo, 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 August 8, 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 August 23, 2011; and
WHEREAS, the City Council considered said matter at its August 23, 2011 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following:
IBNIU
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 a primary
structure that is set back 50 feet at its closest point to the OHW of Lake Elmo. A
variance has been requested because the Lake Elmo Shoreland Management Ordinance
requires a minimum setback of 100 feet from the OHW of Lake Elmo for structures.
4) That the Variance will be located on property legally described as follows:
Section 24, Township 029, Range 021 ® Part of Lot I of said Section described as
follows: Commencing at a point on the North line of said Section 993.5 feet west from
the northeast comer of said lot, thence south I degree, 57 minutes east 823.1 feet to an
iron monument which is 495.375 feet from the south line of said lot. Commonly known
as 5761 Keats Avenue.
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 with the following
conditions:
1) The applicant shall submit a tree protection and replacement plan that identifies all trees
to be removed from the site prior to construction and that specifies which trees are to
remain on the property. Grading, or other construction activity, should not come within
the branch spread of any tree to be retained. Tree protection fencing should be erected on
the construction side of any trees which are less than 15 ft. from construction activity, and
placed as far out from the branch spread of the tree as possible.
2) A revised landscape plan shall be submitted that provides for the replacement of any trees
removed during construction,
3) Temporary erosion control measures that comply with the Lake Elmo Storm Water and
Erosion and Sediment Control Ordinance shall be established prior to the start of any
earthwork and shall be maintained throughout the duration of construction activity on the
site.
4) No part of the new structure shall extend any closer to the Ordinance High Water
Elevation of Lake Elmo than the original structure.
Passed and duly adopted this 23rd day of August 2011 by the City Council of the City
Elmo, Minnesota.
A. Johnston, Mayor
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