12/01/2008 Council Packet - Laserfiche WebLink

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• this addition is approved, this area be removed from one of the existing structures prior to a certificate of occupancy for the garage addition. Setbacks: The Zoning Ordinance requires a five foot setback from side property lines for attached accessory structures. The proposal clearly exceeds this requirement. The Shoreland Ordinance requires a 150 foot setback from the Ordinary High Water Level of Peltier Lake. There is much of the site that would meet this setback, but in order to attach the structure it would almost certainly need to encroach into the 150 foot setback. The applicant has submitted revised plans that do not increase the setback encroachment towards the lake, but still increases the amount of structure that encroaches within the setback area. Findings: State law requires the following findings to be made in order to grant the approval of a variance. Staff has completed the findings in regards to the upland lot area reduction based on the revised submittal: FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. While the zoning ordinance requires an accessory structure for all residential properties, the structure is not required to be attached to the main structure. As such, the property would still have reasonable use with a new detached structure built the full 150 feet from the Ordinary High Water Level of Peltier Lake, or the existing detached structures on the site. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The City of Lino Lakes is home to many bodies of water which means being a riparian lot is in no way a unique characteristic or physical circumstance. As this is a lot of roughly five acres in size, a large portion of land is buildable and outside of the required setbacks. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. While the zoning ordinance requires an accessory structure for all residential properties, the structure is not required to be attached to the main structure. While the expense of construction may be higher, the property would still have reasonable use with a new detached structure built the full 150 feet from the Ordinary High Water Level of Peltier Lake, or with the existing detached structures already on the site.