11/13/2002 P&Z Packet - Laserfiche WebLink

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Planning & Zoning Board September 11, 2002 Page 5 • would be within the allowable size and number of accessory building allowed on a lot of this size and zone. Staff noted that at least one neighboring property contains a garage which is sited closer to the street (8025 Wood Duck Trail). 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 circumstances unique to his property, not created by the landowner. Comment: The physical location of the septic tank, drain field, well and pond preclude siting a garage in a location which would satisfy the requirements of the Zoning Ordinance. Such a configuration of elements presents a situation unique to this property, although this situation was — at least in part — created by the (previous) landowner. 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: The demonstrated hardship is the lack of a garage site that would satisfy the requirements of the Zoning Ordinance. Such a hardship is not economically motivated but, rather, site driven. While such a hardship still allows for the reasonable use of the property, such a hardship does not allow the property to comply with the requirement of the Zoning Ordinance, which states that all dwellings in a Rural zone should have a double garage. 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: There is no special privilege involved but, rather, a need/hardship that is site - driven. Other properties with similar site constraints would also be valid candidates for a Variance such as this one. 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. APPROVED MINUTES