HomeMy WebLinkAboutResolution 2011-026RESOLUTION NO 2011-026
A RESOL UTION APPR 0 VING A VARIANCE TO ALLOW THE RECONSIR UCTION OF A
DETACHED A CCESSOR Y B UILDING OVER 500 SQ UA RE FEET IN SIZE IN A FLOOD
FRINGE DISTRICT WITH INTERNAL FLOOD PROOFING
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Douglas L. Lovett, 9940 59'h Street Court North (the "Applicant") has
submitted an application to the City of Lake Elmo (the "City") for a variance to allow an
accessory building of over 500 square feet to be rebuilt with internal flood-proofing techniques in
a Flood Fringe District; 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 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.
2) That additional criteria concerning Variances for structures located within a Floodplain
District are found in Section 152.10, Subd. C (3) of the City Code.
3) That all the submission requirements of said 154.017 and 152.10 have been met by the
Applicant.
4) That the proposed variance is to allow an accessory building of over 500 square feet to be
rebuilt with internal flood-proofing techniques in a Flood Fringe District. The proposed
building would replace a slightly larger structure that was damaged and eventually tom
down due to heavy snow loads over the past winter.
5) That the Variance will be located on property legally described as follows:
Descn tion
PART OUTLOT A LYING WESTERLY FOLLO'VVING DESCRIBED LINE COMMENCING AT MOST
SOUTHWESTERLY CORNER OUTLOT ATHENCE A7 89DEG5023" ALONG MOST SOUTHERLY
LINE SAID OUTLOT 233,95 FEET POB LINE DESCRIBED THENCE AZ 26DEG27'40" 202,19
FEET THENCE AZ 38DEG43'28" 193.7 1 FEET TO POINT ON MOST SOUTHERLY LINE LOT 1
BLOCK 4 SAID PRAIRIE HAMLET 448.98 FEET E OF SOUTHWEST CORNER SAID LOT I
THERE TERMINATING & PART SAID OUTLOT A LYING NORTHERLY & WESTERLY
FOLLOWING DESCRIBED LINE BEGINNING AT MOSTSOUTHEASTERLY CORNER SAID LOT 1
BLOCK 4 THENCE AZ51 DEG58'02" 64.01 FEET TO ANG POINT IN MOST WESTERLY LINE
OUTLOT B SAID PIAT THENCE AZ 40DEG21405" ALONG MOST NORTHWESTERLY LINE SAID
OUTLOT B 32.78 FEET THENCE AZ 359DEG21'05" 745.89 FEET TO POINT ON MOST
NORTHERLY LINE SAID OU"r'LOT A 908,97 FEET WEST OF NORTHEAST CORNER SAID
OUTLOT A & SAID LINE THERE TERMINATING & LOT I BLOCK 4 SAID PLAT SUBJ TO EASE
I ot A SubdivisioiiCd 00255 SthdivisionNarne PRAIRIE HAMLET
Commonly known as 5761 Keats Avenue.
6) 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. Specific findings:
7) That the plight of the landowner is due to circumstances unique to the property not
created by the landowner. Specificjindings:
a) In 2008, The Federal Emergency Management Agency updated the Lake Elmo
Flood Insurance Rate Map, which resulted in the accessory structure on the
Lovettproperty being included within a Flood Fringe District where the
structure previously was not designated as such.
8) That the proposed variance will not alter the essential character of the locality in which
the property in question is located. Specific findings:
9) 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.
Specific, findings:
a) Replacing the damaged structure, as opposed to leaving a dilapidated structu
on this property, will ensure thatproperty values do not diminish in the
neighborhood. I
10) That with regards to the City's Floodplain Management ordinance:
W, 4 �. �, - �11 I
Based on the foregoing, the Applicants' application for a Variance is granted with the following
conditions:
1) The structure must be anchored to resist flotation, collapse, and lateral movement.
2) All portions of the structure located below the Base Flood Elevation (BFE) must be
constructed of flood-resistant materials.
3) The structure be designed to allow for the automatic entry and exit of flood waters.
4) Mechanical and utility equipment must be elevated or flood proofed at or above the BFE.
5) The structure shall comply with the floodway encroachment provisions of the National
Flood Insurance Program (NFIP) Regulations.
6) The structure shall be limited to parking and storage.
7) Compliance with these conditions must be satisfied at the time a building permit is issued
for the structure and will be verified during routine inspections required as part of the
building pennit.
Passed and duly adopted this 19th day of July 2011 by the City Council of the City of Lake Elmo,
Minnesota.
Dean A. Johnston,
ATTEST:
7 City Messelt, City ministrator