03/12/2007 Council Packet - Laserfiche WebLink

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• • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-40 RESOLUTION APPROVING A VARIANCE TO THE ARTERIAL STREET SETBACK FOR THE PROPERTY AT 7300 TERRA COURT. WHEREAS, the City has received an application for a garage addition to the attached garage at 7300 Terra Court; and WHEREAS, the development requires approval of a variance to the arterial street setback of 40 feet; and WHEREAS, a public hearing was held before the Planning & Zoning Board on February 14, 2007; and WHEREAS, as required by Section 2, Subd. 4 of the zoning ordinance, the City Council made the following findings of fact regarding both lots: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is currently developed with a single family home that can easily be put to a reasonable use without the addition of a third garage stall. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. While the property is a corner lot and is therefore subject to increased setback standards, there is no physical circumstance unique to this property that was not created by the placement of the structure at time of construction. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. The request made by the property owner has nothing to do with economic considerations; the placement of the home on the lot when it was constructed simply prohibits the addition of a third stall to the attached garage under the strict enforcement of the zoning ordinance. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district.