HomeMy WebLinkAboutResolution 2011-028RESOLUTION NO 2011-028
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOL UTION APPROVING A VARIANCE TO ALLOW THE CONSTR UCTION OF A
SECOND DETACHED ACCESSORY BUILDING IN RURAL RESIDENTIAL
ZONING DISTRICT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Steve and Joan Ziertman, 5761 Keats Avenue (the "Applicants") have
submitted an application to the City of Lake Elmo (the "City") for a variance to allow the
construction of a second 2,400 square foot detached accessory building on their property zoned
RR — Rural Residential, 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 Plamfing Commission held a public hearing on said matter
on July 11, 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 July 19, 2011; and
WHEREAS, the City Council considered said matter at its July 19, 2011 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council 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 second 2,400 square foot
accessory building on their property. A variance has been requested because the
applicants already have built a 2,310 square-foot building on their property, and the RR —
Rural Residential Zoning District only allows one such accessory building on their
property. The proposed building would be used to house equipment related to the
growing and selling of agricultural products.
4) That the Variance will be located on property legally described as the North 425 feet of
the South 1550 feet of the West 1100 feet of the Northwest Quarter of Section 2,
Township 29, Range 21, Washington County, Minnesota. Subject to an easement over
the West 33 feet thereof for Keats Avenue. Commonly known as 5761 Keats Avenue.
5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and
that the property owner proposes to use the property in a reasonable manner not permitted
by an official control. S eciflc finrdings:
6) That the plight of the landowner is due to circumstances unique to the property not
created by the landowner. Specific fincdings:
7) That the proposed variance will not alter the essential character of the locality in which
the property in question is located. Specific fintdings:
c) Former./arm sites with multiple accessory buildings are not uncommon in th
area and many have been eincorporated into
residential suko7visions.
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) That the use of the proposed accessory building be restricted to agricultural activities
only, and that it not be used for the storage of personal automobiles, home based business
activities, or other non-agricultural equipment.
2) That a substantial portion of the acreage will continue to be used for farming.
Passed and duly adopted this 19t" day of July 2011
Minnesota.
ATTEST-
Bruce Messelt, City Administrator
t