08-26-13 Council Packet - Laserfiche WebLink

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CITY OF LINO LAKES RESOLUTION NO. 13 -89 VARIANCE TO ALL OW FOR SECOND DRIVEWAY ACCESS FOR 2235 ARTHUR COURT WHEREAS, a request has been submitted to the City for the approval of a variance at 2235 Arthur Court , said property legally described to -wit: Lo t 6 , Block 2, Clearwater Creek ; and WHEREAS, review and approvals of variances are governed by state statutes and City ordinances, and WHEREAS, the Lino Lakes City Council makes the following Finding s of Fact : a. The variance shall be in harmony with th e general purposes and intent of the ordinance. The general purpose and intent of the ordinance is to establish performance standards intended to assure compatibility of uses, prevent blight and to enhance the health, safety and general welfare of the res idents of the community. An addition driveway access onto Cedar Street for an accessory building does not pose a threat to the health or safety of the neighborhood. This section of Cedar Street is a local street and several industrial users along the nor th side of Cedar Street have multiple driveway accesses. Accessory buildings have less vehicle trips in comparison to single family homes or industrial users. b. The variance shall be consistent with the comprehensive plan. The variance is consistent wi th the comprehensive plan. The parcel is guided for Low Density Sewered Residential development. This section of Cedar Street is a local street and several industrial users along the north side of Cedar Street have multiple driveway accesses. c. There sh all 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 reasonabl e manner. The construction of a detached accessory building and driveway access are reasonable uses of the upland area of the property. The wetland delineation indicates over an acre of usable land that is not accessible from Arthur Court. The practical difficulty in complying with the ordinance would require wetland impacts and increased impervious surface to construct a driveway south to the existing driveway onto Arthur Court.