HomeMy WebLinkAboutResolution 2013-082 Approving a Variance at 09.029.21.22.0025CITY OF LAKE ELMO
A RESOLUTIONAPPROVING A VARIANCE AT 09.029.21.22.0025 (HILL TRAIL NORTH) TO
ALLOW THE CONSTRUCTION OF A SINGLE FAMILY HOME ON A LOT NOT CONSIDERED
A BUILDABLE LOT OF RECORD PER THE LAKE ELMO ZONING ORDINANCE AND TO
ALLOW FOR THE INSTALLATION OF A SUBSURFACE SEWAGE TREATMENT SYSTEM ON
A LOT THAT DOES NOT HAVE THE REQ UIRED AMOUNT OF AREA THAT IS SUITABLE
FOR A SEPTIC SYSTEM PER THE LAKE ELMO ZONING ORDINANCE.
VMEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Mr. Dean Dworak and Mrs. Gayle Dworak, 12325 tipper Heather Avenue
North, Hugo, Minnesota, and Mr. Paul Hansen and Mrs. Nancy Hansen, 8024 Hill Trail North,
Lake Elmo, Minnesota, (the "Applicants") has submitted an application to the City of Lake Elmo
(the "City") for a variance to allow for the construction of a. single family home on a lot that is not
considered a buildable lot of record; and to allow for a subsurface sewage treatment system on a
lot that does not have the required amount of
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.109; and
WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on said matter
on August 26, 2013, September 9, 2013, and September 23, 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 October 1, 2013; and
WHEREAS, the City Council considered said matter at its October 1, 2013 and October
15, 2013 meetings.
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 154.109,
2) That all the submission requirements of said Section 154.109 have been met by the
Applicant.
3) That the proposed variance is to allow for:
a) The construction of a single family home on a lot not considered a buildable lot
of record per the Lake Elmo Zoning Ordinance; and
b) The installation of a subsurface sewage treatment system on a lot that does not
contain the necessary area suitable for a septic system as required by the Lake
Eli -no Zoning Ordinance.
Resolution No. 2013-82
4) That the Variance will be located on property legally described as follows:
Lots 505 Thru 510 and Lots 629 Thru 634, Part of Vacated Beach, Lane's DeMontreville
Country Club, Section 9, Township 29 North, Mange 21 West, City of Lake Elmo,
Washington County, Minnesota.
5) That strict enforcement of this chapter would cause practical difficulties because of
circumstances unique to the individual property under consideration and then only when
it is demonstrated that such actions will be in keeping with the spirit and intent of this
chapter. ,Specificfindings: The applicants have noted that the desire to build a single
family home on a lot that is consistent in terms of lot area to the other properties in the
neighborhood is a reasonable use not permitted by an official control,
6) That the problem for the landowner/applicant which the proposed variance is intended to
correct must be due to circumstances that are unique to the property in question and that
were not created by the landowner/applicant. ,Specifac.indings: The applicants have
noted that the property was owned by the Hansen family before the zoning district
requirements were established. The lot is consistent in lot area with other adjacent
properties that have single fancily houses. The establishment of zoning is a
circumstance not created by the landowner:
7) That the proposed variance will not alter the essential character of the Definition of
Locality. SpecfflFc. findings: The applicant has correctly rooted that the lot is similar or
consistent in lot area with most of the existing lots in the neighborhood. The
construction of a single family Boone will not alter the essential character of the
neighborhood.
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.
Specifle findings: 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 o f the public streets or substantially diminish or impair property values
within the neighborhood.
Based on the foregoing, the Applicants' application for a Variance is approved.
Passed and duly adopted this 15`x' day of October, 2013 by the City Council of the City of Lake
Elmo, Minnesota.
Mike Pearson, Maor
ATTEST:
A�arn Bell, City Clerk
Resolution No. 2013-82 2