09/27/2004 Council Packet - Laserfiche WebLink

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• • • CITY OF LINO LAKES RESOLUTION NO. 04-137 RESOLUTION APPROVING A VARIANCE FROM THE SUBDIVISION ORDINANCE PROHIBITION ON CONSTRUCTING INFRASTRUCTURE PRIOR TO APPROVAL OF A FINAL PLAT, PHEASANT HILLS PRESERVE 12TH ADDITION WHEREAS, the Lino Lakes City Council makes the following findings: 1. Section 1010 -6 of the Lino Lakes subdivision ordinance states: The construction of streets, facilities for sanitary sewer and water, and other improvements beyond grading, wetland, and stormwater facilities shall not begin until approval of a final plat. 2. Mr. Ed Vaughan, the developer of the proposed Pheasant Hills Preserve 12th Addition, has a permit from the Minnesota Dept. of Natural Resources to build a bridge to an island. This permit expires November 30, 2004. The DNR has informed the developer that the permit will not be extended, and the bridge must be finished by the expiration date. 3. The site is within the property described in attachment A. 4. The subdivision ordinance addresses variances in Section 1002 -5: The City Council may approve variances from the requirements of this Subdivision Ordinance. All variance requests from these subdivision regulations shall comply with Section 2, Subd. 4 of the Lino Lakes Zoning Ordinance, as may be amended. 5. Section 2, Subd. 4 of the Lino Lakes Zoning Ordinance lists criteria for variances, stating that in considering all requests for variance or appeal and in taking subsequent action, the City shall make specific findings of fact. 6. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. • The subdivision ordinance states that construction of streets, facilities for sanitary sewer and water, and other improvements beyond grading, wetland, and stormwater facilities shall not begin until approval of a final plat. If the bridge is not built, there is no access to the island. Without access to the island, the use of the land is questionable.