HomeMy WebLinkAboutResolution 2012-14 Denying Lot Area and Width Variances to Allow Minor Subdivision at 5577 Lake Elmo AvenueCITY OF LAKE EL MO
WASHINGTON COUNTY, MINNESOTA
A RESOL UT ION DENYING LOT AREA AND WIDTH VARIANCES TO ALLOW A MINOR
SUBDIVSIONAT 5577 LADE ELMO AVENUE
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Steven Weber, 12729 22"a Street North, West Lakeland, MN (the
"Applicant") has submitted an application to the City of Lake Elmo (the "City") for variances to
the minim -urn lot size and lot width requirements for a Rural Residential Zoning District to allow
the subdivision o'a 5.1 1 -acre parcel at 5577 bake Elmo Avenue into two new lots of 2.27 and
2.84 acres in size; 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 F ebiary 13, 2012 and continued this hearinguntil' its February 27 2012 meeting; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated March 6; 2012; and
WHEREAS, the City Council considered said matter at its March 6, 2012 meeting, and
tabled discussion on said matter until its April 3, 2012 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following:
FINDINGS
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 variances are to allow the subdivision of property at 5577 Lake Elmo
Avenue into two separate lots that do not meet the minimum requirements of the RR —
Rural Residential zoning district, and include the following components:
a) Variances from the minimum lot size requirement of 10 acres in a RR — Rural
Residential zoning district in order to create two new lots of 2.27 and 2.84 acres in
size.
b) Variances from the minimum lot width requirement of 300 feet in a RR — Rural
Residential zoning district in order to create two new lots that are 195 and 95 feet in
width.
4) That the Variance will be located on property legally described as follows:
All that part of the Southwest 114 of the Northwest 114 of Section 1, Township 29 North,
Range 21 West, Washington County, Minnesota described as follows: Commencing at
the Southwest corner of said Southwest 1/4 of the Northwest 114; thence North 01
degrees 31 minutes 43 seconds West (recorded as N 00 degrees 00' 46" W) along the
West line of said Southwest 114 of the Northwest 1/4, a distance of 334.70 feet to the
North line of the South 334.70 feet of said Southwest 114 of the Northwest 114, and the
point of beginning of this description; thence continuing North 01 degrees 31 minutes 43
seconds West (recorded as N 00 degrees 00'46" W) a distance of 494.71 feet; thence
North 87 degrees 32 minutes 27 seconds East (recorded as N 89 degrees 03' 24" E) a
distance of 618.20 feet to the West line of the East 695.22 feet of said Southwest 1/4 of
the Northwest 1/4; thence South 01 degrees 19 minutes 29 second East, along said West
line of the East 695.22 feet, a distance of 502.85 feet to the North line of the South
334.70 feet of said Southwest 1/4 of the Northwest 114; thence South 88 degrees 17
minutes 37 seconds West, along said North line of the South 334.70 feet, a distance of
616.33 feet to the point of beginning, together with an easement for roadway purposes
over and across the North 60.00 feet of the South 334.70 feet which lies West of the East
695.22 feet of said Southwest 1/4 of the Northwest 1/4, excepting therefrom the North
209.00 feet of the South 639.40 feet of the West 417.42 feet of said Southwest 114 of the
Northwest '/4.
More commonly known as 5577 Lake Elmo Avenue,
5) That the strict enforcement of Zoning Ordinance would not cause practical difficulties
and that the property owner does not propose to use the property in a reasonable manner
not permitted by an official control. Specific findings:
a) That the subdivision of an existing 5 -acre parcel into two smaller parcels in a
zoning district that requires a minimum lot size of 10 acres is not a reasonable
use of the property.
b) That the proposed subdivision is not reasonable because the property as it
exists can be used for a single family residential home. Reasonable use of the
property already exists, and the variance is not needed in order to make use of'
the parcel under the Rural Residential zoning district requirements. The
current configuration of the lot is not relevant to the establishment of
reasonable use because the lot would not have been usable for a single family
home without this additional area.
6) That the plight of the landowner is not due to circumstances unique to the property and
was created by the landowner. Specific findings:
a) That the applicant's property is not unique because the property is able to
support a single family home, and because a large majority of parcels outside
of'Open Space Preservation developments in the Rural Residential zoning
district are larger than the lot owned by the applicant. The ability to find a
suitable use for the areas outside of the immediate building location is not
something that is unique to the applicant's site since the intent of the Rural
Residential district is to promote the preservation of open space and rural
character, and therefore, the uses and densities allowed in the district are
intentionally limited:
b) That the proposed lot was created by the land owner and met the minimum lot
size requirements when it was subdivided. The land owner was able to build on
the lot and has been able to use the property as a single family residential lot for
over 30 years.
7) That the proposed variance will alter the essential character of the locality in which the
property in question is located. Specific findings:
a) That the applicant's property is located in a portion of the City that is guided
for Rural Agricultural Density (RAD) development, which corresponds to the
City's RR -Rural Residential Zoning District. This district requires a
minimum lot size of 10 acres, and the applicant's request to create two lots of
under 2.5 acres in size represents a substantial departure from the district
requirements. Although there are existing nonconforming lots in the vicinity
of the applicant's property, the continued subdivision of lots less than 10 acres
will continue to alter the character of the area and create a denser, more urban
environment in tin area that is not intended to be served by municipal water or
sewer services.
8) That the proposed variance will not impair an adequate supply of light and air to property
adjacent to the property in question but will substantially increase the congestion of the
public streets or substantially diminish or impair property values within the
neighborhood. Specific findings:
a) That the proposed variance will have a negative effect on adjacent properties
and traffic because the proposed driveway to serve the new home would not
comply with the City's access management policies and guidelines. In
particular, new driveway accesses are discouraged along streets classified as
Minor Arterials (such as Lake Elmo Avenue) at the traffic levels that are
forecast for this road The proposed driveway would also fail to comply with the
City's use of best management practices fir spacing guidelines, which include:
minimizing new access locations and reducing/consolidating existing access
points, protecting and improving intersection functional and sight distance
areas, and proper design of driveways and intersections. The creation of a new
driveway/lot will create a safety concern and add to congestion on Lake Elmo
Avenue by adding an access point to Lake Elmo Avenue in a location that has
reduced visibility dues to an incline in the roadway.
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicants' application for a Variance is denied.
Passed and duly adopted this 3rd day of April 2012 by the City Council of the City of Lake Elmo,
Minnesota.
Dean A. Johnston, Mayor
ATTEST:
Zulego" City Administrator