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HomeMy WebLinkAboutResolution 2024-021 WBMS Variance ApprovalCity of Gem Lake County of Ramsey State of Minnesota Resolution No. 2024-0021 APPROVING A VARIANCE FOR 1201 COUNTY ROAD E EAST, PARCEL ID 283022440006 WHEREAS, White Bear Montessori School, the owner of the property, made an application to request a variance ‘after-the-fact’ to allow for a detached accessory structure (shed) to be placed within the required 50-foot side yard setback on the property listed above; and WHEREAS, the property is legally described as follows: LOT 6, BLOCK 2, RED FOX HILLS, RAMSEY COUNTY, MINNESOTA TORRENS PROPERTY TORRENS CERTIFICATE NO. 500305; and WHEREAS, the Planning Commission reviewed the request at a duly noticed public hearing on September 10, 2024, and determined that the proposed request meets the criteria for a minor subdivision, and voted to recommend approval of the request with conditions; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, that it should and hereby does approve a Variance to allow for a detached accessory structure (shed) to be placed within the required 50-foot side yard setback on 1201 County Road E East, Parcel ID 283022440006, based on the following findings: 1. Accessory structures, such as the as-built shed, are permitted under the ordinance in the Institutional Overlay zone. This criterion appears to be met. 2. Given that the building permit (which included the now as-built shed location) was already reviewed and issued for the project, and the shed has already been built, the applicant is in a unique situation of where they thought the structure was able to be built in its as-built location. This situation is unique only to this project and was not caused by the landowner. This criterion appears to be met. 3. Other detached accessory structures are located on nearby properties at setbacks from roads similar to the as-built shed. The as-built shed is also partially screened from the road (County Road E East) by existing trees and vegetation and is nearly fully screened from neighboring properties to the east. This criterion appears to be met. 4. Economic considerations, such as cost, are not mentioned in the applicant’s submittal as the reason or rationale for the request. This criterion appears to be met. 5. The shed in its as-built location does not appear to have negative impacts on neighboring uses and properties. The as-built location would not stand out in comparison to other neighboring properties. This criterion appears to be met. 6. The proposed as-built location does not appear to impact air or water quality of the property or nearby development. This criterion appears to be met. City of Gem Lake County of Ramsey State of Minnesota Resolution No. 2024-0021 7. Traffic in and out of the site is generated by the principal use of the property, the Montessori School. The shed itself does not generate traffic, as it would be used to store equipment and items used by the school. This criterion appears to be met. 8. The proposed shed in its as-built location does not appear to have any impact on the safety or health of the public. This criterion appears to be met. 9. Other detached accessory structures are located on nearby properties at setbacks from roads similar to the as-built shed. The as-built shed is also partially screened from County Road E East and Labore Road by existing trees and vegetation. This criterion appears to be met. 10. The shed being within the side yard setback is not expected to have an economic impact on the neighborhood or the city. This criterion appears to be met. 11. The Comprehensive Plan is silent on accessory structures. The zoning ordinance (Ord. No. 131) is meant to carry out the implementation of the Plan. Apart from the setback requirement, the property meets other zoning requirements. FURTHER BE IT RESOLVED that the following condition of approval shall be met: 1. The as-built shed shall adhere to the 33.2-foot setback from the south property line, as shown in the plans reviewed with this request and the plans approved as part of the original building permit issued in April 2024. 2. The as-built shed shall adhere to other applicable local, State, and Federal requirements. 3. The applicant shall pay all fees and escrows associated with this request. Adopted by the City Council of Gem Lake, Ramsey County, Minnesota, on this 17th day of September 2024. Melissa Lawrence 17 September 2024 MELISSA LAWRENCE, Acting City Clerk Date