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Planning & Zoning Board <br />September 11, 2002 <br />Page 5 <br />APPROVED MINUTES <br />would be within the allowable size and num ber of accessory building allowed on a lot of <br />this size and zone. <br />Staff noted that at least one neighboring proper ty contains a garage which is sited closer <br />to the street (8025 Wood Duck Trail). <br />Staff stated the Lino Lakes Zoning Ordinance st ates that β€œin consid ering all requests for <br />variance or appeal, and in taking subsequent action, the City shall make a finding of fact: <br />1.) That the property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls. <br />Comment: the property as a whole may be put to reasonable use, but official controls <br />preclude the construction of a garage (w hich is a requirement under the Zoning <br />Ordinance) in the only workable loca tion that is near the house. <br />2.) That the plight of the landow ner is due to physical circum stances unique to his property, <br />not created by the landowner. <br />Comment: The physical location of the se ptic tank, drain field, well and pond preclude <br />siting a garage in a location which would satisfy the requirements of the Zoning <br />Ordinance. Such a configuration of elements pr esents a situation unique to this property, <br />although this situation was – at least in part – created by the (previous) landowner. <br />3.) That the hardship is not due to economic c onsiderations alone, and when a reasonable use <br />for the property exists under the terms of the ordinance. <br />Comment: The demonstrated hardship is the la ck of a garage site t hat would satisfy the <br />requirements of the Zoning Or dinance. Such a hardship is not economically motivated <br />but, rather, site driven. While such a hards hip still allows for the reasonable use of the <br />property, such a hardship does not allow the property to comply with the requirement of <br />the Zoning Ordinance, which states that all dwellings in a Rural zone should have a <br />double garage. <br />4.) That granting the variance reque sted will not confer on the a pplicant any special privilege <br />that would be denied by this ordinance to ot her lands, structures, or buildings in the same <br />district. <br />Comment: There is no special privilege involved but, rather, a need/hardship that is site- <br />driven. Other properties with similar site constraints would also be valid candidates for <br />a Variance such as this one. <br />5.) That the proposed actions will be in keeping with the spirit and intent of the ordinance. <br />Comment: The Lino Lakes Zoning Ordinance st ates that a double garage is a building <br />requirement for property located in the Rura l zone. Granting this Variance would allow <br />the applicants to comply with this requirement.