HomeMy WebLinkAboutResolution 2012-60 VarianceARE, SOLUTION APPROVING A VARIANCE TO ALLOW THE CO1i STRUC.T[ON OF ANEW
HOME ONA LOT TTIATDOES NOT MEET THE -A41NIMUMREQUIREMEATTS FOR LOT
SIZE OR SUITABLE DRAINFIELD AREA
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Terri Franzwa, 8367 26'1' Street North (the "Applicant") has submitted an
application to the City of Lake Elmo (the "City") for a variance to build a new home at 8961
37th Street North on a lot that does not meet the City's minimum area requirements for lot size
or the required minimum suitable area for septic drainfields, 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 November 14, 2012; 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 20, 2012;
and
WHEREAS, the City Council considered said matter at its November 20, 2012 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following-,
111011111
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 Section 154.017 have been net by the
Applicant,
3) That the proposed variance is to build a new home at 8961 37th Street North on a lot that
does not meet the City's minimum area requirements for lot size or the required
Millimuni suitable area on one acre for septic drainfields. The Applicant's lot is 0.86
acres in size and the Zoning Ordinance requires a minimum area of 0.9 acres for a lot of
record to be considered buildable,
4) That the Variance will be located on property legally described as follows: Lots I and 2
of Block 2, Kenridge Addition in the City of Lake Elmo, Washington Council and State
of Minnesota. More commonly known as 8961 37 Ih Street North.
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 perinitted
by an official control, Specfflicfindings. That the proposed use is, reasonable because
prior to 2007 there was to single family home located on this site and the property was
previously considered buildable as part of a subdivision that was platted prior to
adoption of the City's present Zoning Ordinance. With the subsequent adoption of
larger minimum lot size requirements by the City, the lot house was considered a legal
non -con forming use, in which case it could have, been rebuilt on the property within,
one year of the previous structure being razed. The re-estahlislimeittof'asingle; faiiiily
home on this lot is reasonable as it is located in a neighborhood of other single fitunily
homes with similar lot sizes.
6) That the plight of the landowner is due to circumstances unique to the property not
created by the landowner. Speciflicfindings: That the applicant's property is unique
due to the removal of the previous structure front thepremises and the relatively short
time./rame after which a new structure could have been built without variances front
the minimum lot size requirements qf the Zoning Ordinance. The current owner ofthe
property was not responsiblefior the declaration of the previous nuisance conditions on
the site, and instead is seeking to restore the past use that is otherwise consistent with
the surrounding land uses. This lot is further unique in, that the minimum size forr a
septic system would not be applicable to a lot with an existing house.
7) That the proposed variance will not alter the essential character of the locality in which
the property in question is located, Specifliefindings: The applicants lot is larger than
many qf the lots in the surrounding neighborhood and has historically been used.for a
single family hoarse. The proposed location of the home on the property is consistent
with the siting of homes on adjacent lots.
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,
Speefflic.findings: No impacts above and beyond those considered normal for any other
single-family lot in the surrounding neighborhood would be expected with a new home
on the Applicant's lot
Based on the foregoing, the Applicant's application for a Variance is granted, provided the
following conditions are met:
1. The proposed house shall be required to connect to the municipal water system.
Passed and duly adopted this 20t" day of November 2012 by the City Council of the City of Lake
Elmo, Minnesota.
AY
Brett Emmons, Mayor Pro Tem
ATTEST:
Aa:m�R. Bell, City Clerk