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1 <br /> <br />CITY OF LINO LAKES <br />RESOLUTION NO. 14 -01 <br /> <br />VARIANCE FROM SHORELAND OVERLAY DISTRICT FOR <br />MARSHAN MEADOWS SECOND ADDITION <br /> <br />WHEREAS, a request has been submitted to the City for the approval of a variance from the <br />Shoreland Overlay District for Marshan Meadows Second Addition , said property legally <br />described to -wit: <br /> <br />Lot 2, Block 1, Marshan Meadows Second Add i tion ; and <br /> <br />WHEREAS, t he Shoreland Overlay District references a front setback of 30 feet which was <br />consistent with the underlying zoning district; however , when the R -2 zoning ordinance was <br />amended in 2012 to 25 feet, the Shoreland Overlay District was not properly amended to reflect <br />th e change in the front setback, and <br /> <br />WHEREAS, review and approvals of variances are governed by state statutes and City <br />ordi nances, and <br /> <br />WHEREAS, the Lino Lakes City Council makes the following Finding s of Fact : <br /> <br />a. The variance shall be in harmony with the general purposes and intent of the ordinance. <br /> <br />The intent of the Shoreland Overlay District in regards to structural setba cks from public street <br />right of way is to be consistent with the underlying zoning ordinance. The variance would allow <br />a 25 foot setback from the public street right of way which is consistent with the R -2, Two Family <br />zoning district. <br /> <br />b. The variance sha ll be consistent with the comprehensive plan. <br /> <br />The variance is consistent with the comprehensive plan. The land is guided for Low Density <br />Sewered Residential development and single family homes are allowed. <br /> <br />c. There shall be practical difficulties in com plying with the ordinance. “Practical difficulties,” as <br />used in connection with the granting of a variance, means that the property owner proposes to <br />use the property in a reasonable manner not permitted by the ordinance. Economic <br />considerations alone do n ot constitute practical difficulties. Practical difficulties include, but are <br />not limited to, inadequate access to direct sunlight for solar energy systems. <br /> <br />The property owner proposes to use the property in a reasonable manner not permitted by the <br />ordina nce. The construction of a single family home in a residential neighborhood is using the <br />property in a reasonable manner. The practical difficulty of the Shoreland Overlay District 30 <br />foot front setback requirement is not consistent with the underlying R -2, Two Family Residential <br />Zoning District 25 foot front setback requirement. <br />