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Pheasant Hills Preserve 12th Addn. <br />page 4 <br />• that the permit will not be extended, and the bridge must be finished by the expiration <br />date. If the bridge is not built, there is no access to the island. <br />• <br />The subdivision ordinance addresses variances in Section 1002 -5: <br />The City Council may approve variances from the requirements of this <br />Subdivision Ordinance. All variance requests from these subdivision regulations <br />shall comply with Section 2, Subd. 4 of the Lino Lakes Zoning Ordinance, as may <br />be amended. <br />The cited section is the normal variance section of the zoning ordinance. Therefore, <br />variances from the subdivision ordinance are handled just like variances from the zoning <br />ordinance. Normally, a variance must go to the Planning & Zoning Board for a <br />recommendation. However, because we are facing a statutory 60 -day deadline, we don't <br />have the time to bring it to the P & Z first. <br />PUD Zoning: The site currently is zoned R -X, Rural Executive. A rezoning is <br />needed if the project is to proceed. The project includes numerous unusual physical <br />aspects. The standard zoning and subdivision requirements of the City's ordinances <br />would not allow the project as proposed. The current zoning ordinance does not allow a <br />conditional use permit for a PUD in a single family zone. Therefore, we can't just rezone <br />to R -1X and use a CUP/PUD. The other alternative is to rczonc to PUD. <br />The following elements are those that don't meet standard requirements. <br />• The project is located within a shoreland management overlay district that includes <br />land within 1000 feet of the ordinary high water level (OHWL) of Wards Lake. <br />Wards Lake has an ordinary high water level (OHWL) of 883.7. Technically <br />everything at or below this elevation is within Wards Lake. This lake is classified as <br />a Natural Environment Lake, and therefore there is a minimum setback from the <br />OHWL of 150 feet. The proposed project does not meet the requirements for <br />setbacks because the island is less than 300 feet wide: There is no spot on the island <br />that is 150 feet from all edges of the island. <br />• Section 1102.09, Subd. 3.B. of the shoreland ordinance states: <br />"Roads, driveways, and parking areas must meet structure setbacks and must not <br />be placed within shore impact zones when other reasonable and feasible <br />placement alternatives exist. If no alternatives exist, they may be placed within <br />these areas, and must be designed to minimize adverse impacts." (The shore <br />impact zone is one -half the setback, or 75 feet.) <br />The proposed private road is within the shore impact zone. In order to place the road <br />elsewhere, the house pads would need to be moved closer to the other side of the <br />island, reducing the setback even further. <br />