10/09/2002 P&Z Packet - Laserfiche WebLink

Home Search

• Planning & Zoning Board September 11, 2002 Page 5 Staff stated 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 as a whole may be put to reasonable use, but official controls preclude the construction of a garage (which is a requirement under the Zoning Ordinance) in the only workable location that is near the house. 2.) That the plight of the landowner is due to physical c'cumstances unique to his property, not created by the landowner. Comment: The physical location of the septi siting a garage in a location which would sa Ordinance. Such a configuration of elements although this situation was — at least in part — ell • nd pond preclude Zoning ue to this property, revious) landowner. 3.) That the hardship is not due to economic for the property exists under the terms Comment: The demonstrated hard requirements of the Zoning Ordi but, rather, site driven. While property, such a hardship does the Zoning Ordina double garage. and when a reasonable use arage site that would satisfy the Suc = p` ip is not economically motivated hardshz allows for the reasonable use of the w the property to comply with the requirement of dwellings in a Rural zone should have a 4.) That granti that would b district. Comment: There is no driven. Other properties wi ` similar site constraints would also be valid candidates for a Variance such as this one. will not confer on the applicant any special privilege ce to other lands, structures, or buildings in the same rivilege involved but, rather, a need/hardship that is site- 5.) That the proposed actions will be in keeping with the spirit and intent of the ordinance. Comment: The Lino Lakes Zoning Ordinance states that a double garage is a building requirement for property located in the Rural zone. Granting this Variance would allow the applicants to comply with this requirement. Staff noted this application for a Variance is driven by three site constraints: location of a septic system, well, and a pond. Each of these constraints prevent siting the proposed garage in a location next to, or behind, the house, in compliance with the Lino Lakes Zoning Ordinance. As a result, staff feels there is a demonstrated need/hardship that is site -driven and quantifiable, and so justifiable. Staff would recommend approval of the proposed Variance with the following condition: