HomeMy WebLinkAboutResolution 2013-050 Approving Variance for 4719 Olson Lake Trail NCITY OF LAKE ELMO
WASHINGTON COUNTY
STATE ORMINNESOTA
A RESOL UTION APPR 0 VING A VARIANCE TO ALLOW FOR THE CONSTRUCTION
OFA COVERED PORCH WITHIN THE 100 FOOT SHORELAND SE.TBACKAT 4719
OLSON LAKE TRAIL NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and
existing under the laws of the State of Minnesota; and
WHEREAS, Mrs. Mary Florence Brink and Mr. Thomas Brink, 1941 Millbank
Street Southeast, Grand Rapids, Michigan, (the "Applicant") has submitted an application
to the City of Lake Elmo (the "City") for a variance to allow the construction of a
covered porch at 4719 Olson Lake Trail North that would encroach on the 1.00 foot
shoreland setback. 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 June 24, 2013; 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 2, 2013;
and
WHEREAS, the City Council considered said matter at its July 2, 2013 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 Section 154.017 have been met by
the Applicant.
3) That the proposed variance is to allow construction of a covered porch within the
100 foot shoreland setback as required by the City Shoreland Ordinance,
4) That the Variance will be located on property legally described. as follows:
Government Lot 2, Section S; Township 29 North, Range 21 West, Washington
County, Minnesota. More commonly known as 4719 Olson Lake Trail North.
Resolution. No. 2013-50
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. Specific findings: That the proposed use is
reasonable because the owner of the property has a strong allergy to bees and
wasps and the site conditions do not allow, for the construction of a covered
porch in another location.
6) That the plight of the landowner is due to circumstances unique to the property
not created by the landowner. Specific findings: That the applicant's property is
unique clue to the existence of multiple mature oak trees on the north side of the
property that do not allow for the covered porch to be sited in that location.
7) That the proposed variance will not alter the essential character of the locality in
which the property in question is located. Specific findings: That the proposed
covered porch is consistent with the other single fancily homes on Olson Lake
and will not alter the essential character of the locality.
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. ,Specific. findings,° The allowance of the covered porch
within the 100 foot shoreland setback will not impair the supply of light and air
to adjacentproperties, or increase the congestion of public streets, or diminish
or impair property values within the neighborhoo&
Based on the foregoing, the Applicant's application for a Variance is granted.
Passed and duly adopted this 2ND day of July 2013 by the City Council of the City of
Lake Elmo, Minnesota.
.ATTEST:
Adam Bell
City Clerk
Resolution No. 2013-50 2
Mike Pearson
Mayor