10/08/2001 Council Packet - Laserfiche WebLink

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• • • 01 -162 Council Member Ramsay Variances October 8, 2001 page 4 introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-162 RESOLUTION DENYING A VARIANCE FOR A SETBACK OF A POOL FROM A ROAD RIGHT OF WAY AND DENYING A VARIANCE FOR A SIX -FOOT FENCE ALONG A REAR LOT LINE IN THE AREA EQUAL TO THE FRONT YARD OF AN ABUTTING LOT LOT 7, BLOCK 2, QUAIL RIDGE (1168 RUFFED GROUSE COURT) WHEREAS, the City has considered the need for variances from the City of Lino Lakes Zoning Code that would allow a swimming pool within the required setback area and allow a six -foot fence along a rear lot line abutting neighbor's front yard, and WHEREAS, the legal description of the subject property is: Lot 7, Block 2, Quail Ridge and WHEREAS, Sec. 3 Subd. 4.D.3.3 of the zoning ordinance states that a swimming pool shall not be located within any required front or side yard setback., and WHEREAS, Section 3 Subd. 4.T.b. of the zoning ordinance states that the portion of a rear lot line equal to the required front yard of the abutting lot shall not be fenced to a height of more than four (4) feet, and WHEREAS, Section 2 Subdivision 4.A of the zoning ordinance states that in considering requests for variances the City must make a finding of fact which is specified in the ordinance, and WHEREAS, the Lino Lakes City Council makes the following findings of fact: 1. The homeowners followed established procedures in applying for and receiving a the building permit for a swimming pool. 2. The property in question is being put to a reasonable use under conditions allowed by the official controls, since there is a single family home on it. 3. There are physical circumstances unique to this property that were created when the lot was graded. 4. Economic considerations alone are not the bases for the variances. 5. Granting the variances would be conferring a special privilege.