01/26/2004 Council Packet - Laserfiche WebLink

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City Council January 26, 2004 Kivel Variance Grounds for Variance The applicant is requesting a variance from the required street setback based on the following physical constraints /impediments: a holding tank, a drainfield, and topography which drops on the southern portion of the lot. All three of these constraints constitute legitimate hardships in terms of variance criteria, as they prohibit the applicant from complying with what the ordinance directs. Accessory Building Requirements The Lino Lakes Zoning Ordinance (Sec. 3, subd. 4.D.8.f) directs that the subject property be allowed up to 1,200 sq.ft. of accessory building square footage. Additionally, the number of accessory buildings is limited to either two detached accessory structures OR one detached and one attached structure. The proposed garage would meet these requirements. The Zoning Ordinance (Sec. 5, subd. 2.C.3) further states that all dwellings located in the R -X District shall have a double garage. Otter Lake Road Right -of -Way The County reports it currently has 50 feet of right -of -way east of the centerline of Otter Lake Road, but that it will require an additional 10 feet of right -of -way for future road improvements, for a total of 60 feet of right -of -way east of the centerline. The applicant's current proposal sites the garage 15 feet from the current right -of- way /property line under (50 feet R.O.W.), which would then decrease to 5 feet from the right -of -way /property line under the future Anoka conditions (60 feet R.O.W.). Additionally, the Lino Lakes Park & Trail plan shows a future trail to be located along Otter Lake Road. Public Services Director Rick DeGardner states that any such future trail should be adequately accommodated within the 60 feet right -of -way that the County requires (Exhibit #3). Anoka County Right -of -Way Acquisitions staff person Mike Kelly, however, counsels that Anoka County — in light of budget cuts — is currently reviewing how it administers its right -of -way and urged Lino Lakes to consider its own right -of -way needs for paths /trails in situations such as the subject application, rather than fully relying on the County. Neighboring Property to the North Planning & Zoning Board members requested that the applicant explore a possible purchase or land swap with his neighbor to the north, whereby it might be possible to construct a driveway on the north side of the home which would lead to a garage site on 3