12/01/2008 Council Packet - Laserfiche WebLink

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Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -134 RESOLUTION DENYING A VARIANCE FROM THE SHORELAND ORDINANCE 150 FOOT SETBACK FROM THE ORDINARY HIGH WATER LINE OF PELTIER LAKE FOR 1801 77TH STREET. WHEREAS, the City has received an application for a Variance requesting that a home /garage addition be constructed 119 feet from the Ordinary High Water Line of Peltier Lake, and WHEREAS, the City's Shoreland Ordinance, in Chapter 1102.07 Subdivision 2, requires that a 150 - foot setback from the Ordinary High Water Level of any Natural Environment Lake (Peltier Lake) be provided for all unsewered structures, and WHEREAS, placement of the proposed addition would extend 21 feet into the required Ordinary High Water Line setback, and • WHEREAS, the following finding of facts have been made by the City Council: 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.