09/11/2002 P&Z Packet - Laserfiche WebLink

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• Planning & Zoning Board Lindahl Minor Subdivision & Variance September 11, 2002 City attorney and recorded with Anoka County. In addition, as a further condition of approval, the driveway was approved by the Fire Chief. The driveway is currently used primarily by the residents at 815 Ash Street, as the Lindahls have their own access drive. Further subdivision of the 11 -acre parcel would require shared use of this driveway, which may or may not pose a legal issue: the easement agreement states the easement is "for the exclusive benefit of Tracts B (855 Ash Street) and C (815 Ash Street)." Further, the agreement states that "no party may unreasonably increase the burden of the driveway and utility easement." The agreement can be amended only with the written consent of both parties. VARIANCE — FINDINGS OF FACT The Lino Lakes Zoning Ordinance states that "in considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1.) That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Comment: The property has been, and currently is, being put to reasonable use. The applicant is simply asking for a further intensification of use. 2.) That the plight of the landowners is due to physical circumstances unique to his property, not created by the land owner. Comment: The landowner is asking for a further subdivision of his land, which he was advised "would probably not be recommended" when he first purchased his property. 3.) That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. Comment: There is no hardship demonstrated or apparent; rather the proposed lots simply do not meet the minimum lot requirements for property in a Rural zone. 4.) 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. Comment: Granting a Variance without the demonstration of hardship or unique circumstances would confer upon the applicant special privilege. 5.) That the proposed actions will be in keeping with the spirit and intent of the ordinance.