01/12/2005 P&Z Packet - Laserfiche WebLink

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• • • Muehlstedt Variance January 12, 2005 page 2 ANALYSIS Land Use and Zoning The following table summarizes the zoning and land use of the subject property, as well as surrounding properties: Location Guided Land Use Existing Zoning Subject Property Rural R -X (Rural Executive) North Rural R -X (Rural Executive) East Rural R -X (Rural Executive) South Rural R -X (Rural Executive) West Rural R -X (Rural Executive) Setback Requirements Section 5, Subdivision 2 of the City of Lino Lakes Zoning Ordinance requires that a 5- foot side setback be provided for all accessory structures. The applicant never applied for building permits for the garage addition. The building permit application for the adjacent property identified that this addition was not in conformance with the five -foot setback requirements. Specifically, a variance to allow a 1.2 -foot side setback where 5 feet is required is now being requested by the property owner post construction. Whether this item is approved or denied, ultimately all building codes will need to be met, specifically the requirement that any part of the structure that lies within three feet of the property line will need to be one -hour fire rated construction. Since the structure was built without a permit the building department has not completed any of the required inspections to determine if it was constructed in such a manner to meet building codes. Staff is recommending that no matter what the decision of this board or the City Council, a very specific procedure and timeline should be established in the resolution for this action. FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The site is ample enough in size to allow a detached accessory structure (garage) within the code requirements. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner.