05/14/2003 P&Z Packet - Laserfiche WebLink

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• • Planning & Zoning Board May 14, 2003 Laumeyer Variance FINDING OF FACT The Shoreland Ordinance specifies that variances to its provisions be evaluated as outlined in the Lino Lakes Zoning Ordinance, which directs that when 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 a reasonable use. 2. That the plight of the landowners is due to physical circumstances unique to his property, and not created by the landowner. Comment: the circumstances are not tied to the physical property, but rather the placement of structures on the 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: the property can, and has been, put to a reasonable use. The applicant has a desire to expand, which is not an issue of hardship, adding an addition onto a non - conforming structure which would be equally non - conforming. 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 in the absence of hardship confers special privilege. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Comment: in terms of variances, the spirit and intent of the ordinance is upheld only when a clear hardship is identified. CONCLUSION The City of Lino Lakes has adopted the Shoreland Management Overlay Ordinance as required under Minnesota State Statute. The applicant's property is subject to the ordinance, being within 1,000 of the OHWL of Lake Amelia, a natural environment lake. 4