09/27/2004 Council Packet - Laserfiche WebLink

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• • Pheasant Hills Preserve 12th Addn. page 4 that the permit will not be extended, and the bridge must be finished by the expiration date. If the bridge is not built, there is no access to the island. 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. The cited section is the normal variance section of the zoning ordinance. Therefore, variances from the subdivision ordinance are handled just like variances from the zoning ordinance. Normally, a variance must go to the Planning & Zoning Board for a recommendation. However, because we are facing a statutory 60 -day deadline, we don't have the time to bring it to the P & Z first. PUD Zoning: The site currently is zoned R -X, Rural Executive. A rezoning is needed if the project is to proceed. The project includes numerous unusual physical aspects. The standard zoning and subdivision requirements of the City's ordinances would not allow the project as proposed. The current zoning ordinance does not allow a conditional use permit for a PUD in a single family zone. Therefore, we can't just rezone BP D. The following elements are those that don't meet standard requirements. • The project is located within a shoreland management overlay district that includes land within 1000 feet of the ordinary high water level (OHWL) of Wards Lake. Wards Lake has an ordinary high water level (OHWL) of 883.7. Technically everything at or below this elevation is within Wards Lake. This lake is classified as a Natural Environment Lake, and therefore there is a minimum setback from the OHWL of 150 feet. The proposed project does not meet the requirements for setbacks because the island is less than 300 feet wide: There is no spot on the island that is 150 feet from all edges of the island. • Section 1102.09, Subd. 3.B. of the shoreland ordinance states: "Roads, driveways, and parking areas must meet structure setbacks and must not be placed within shore impact zones when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts." (The shore impact zone is one -half the setback, or 75 feet.) The proposed private road is within the shore impact zone. In order to place the road elsewhere, the house pads would need to be moved closer to the other side of the island, reducing the setback even further.