2017-085 Council Resolution - Laserfiche WebLink

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The variance request is consistent with the comprehensive plan. The applicant's property is intended for a Single Family dwelling as such, current zoning ordinances require dwellings to have, at minimum, a double garage. Detached accessory structures (sheds) are also consistent with single family dwellings. 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The property owner proposes to use the property in a reasonable manner, as the construction of a double garage and relocation of a detached shed are considered a reasonable use of the property. The practical difficulty in complying with the 40'setback from Birch Street's right-of- way creates a situation where the applicant cannot construct a double garage unless the variance is approved. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is due to circumstances unique to the property and was not created by the landowner. The current landowner recently purchased the property and did not construct the house without a garage. 5. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality by maintaining a 26-28 foot setback similar to the 30 foot setbacks found along other Birch Street corner properties. Accessory structures such as garages and detached sheds are common features found throughout Lino Lakes residential districts. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. Accessory structures (attached and detached) are permitted as Accessory Uses in the R-1, Single Family Residential District. 7. In accordance with MN Stat. 462.357, Subp. 6,variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14,when in harmony with the zoning ordinance. Not applicable. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby passed Resolution No. 15-119 to approve of a 12 foot variance to reduce the required 2