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09/23/2002 Council Minutes
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09/23/2002 Council Minutes
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City Council
Council Document Type
Council Minutes
Meeting Date
09/23/2002
Council Meeting Type
Regular
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COUNCIL MINUTES SEPTEMBER 23, 2002 <br />for a variance from the ordinance requirement which states that no detached accessory building is to <br />be sited closer to the front lot line than the principle building. <br />Associate Planner Gretz noted that the Sullivan's property is 2.89 acres in size and zoned Rural. <br />There is currently no garage on the site, and the Sullivans would like to construct a detached 2 -car <br />garage. Placement of such a garage to the side or rear of the home, however, is problematic due to <br />three site constraints: 1) a septic system is located to the south of the home; 2) a water well is located <br />to the north of the home; and, 3) a pond is located behind the home to the northwest. As a result of <br />these constraints, the Sullivans would like to place the proposed garage to the side of, but in front of, <br />the front line of the home. <br />Associate Planner Gretz advised that such a proposed site would satisfy the required street setback for <br />the property, which is 40 feet, since Wood Duck Trail is classed as a Minor Collector road. In <br />addition, construction of a garage on the site would also satisfy$ tion 5, subdiv. 1.C.3 of the Lino <br />Lakes Zoning Ordinance, which states that "all dwellings in a R ne shall have a double garage." <br />Lastly, construction of the proposed garage would be within the lowe umber and size of accessory <br />buildings allowed for property of this size and zone, if an ex ' g 10' utility shed is removed. <br />Associate Planner Gretz reviewed that the Lino Lakes Zo <br />requests for variance or appeal and in taking subsequ <br />based on the following five points: <br />1.) That the property in question cann <br />allowed by the official controls. <br />2.) That the plight of the landown <br />not created by the land owne <br />3.) That the hardship is not d <br />for the property exists <br />4.) That granting the varianc <br />that would be de = a his <br />district. <br />5.) That the proposed a <br />nance states that "in considering all <br />n, the City shall make a finding of fact" <br />a reasonable use if used under conditions <br />o physical circumstances unique to his property, <br />mic considerations alone and when a reasonable use <br />to °'of the ordinance. <br />sted will not confer on the applicant any special privilege <br />ance to other lands, structures, or buildings in the same <br />tions will be in keeping with the spirit and intent of the ordinance. <br />Associate Planner Gretz indicated overall, this application for a Variance is prompted and driven by <br />the following three physical site constraints which act to prevent placement of a garage in a typical <br />location: 1) a septic system to the south; 2) a water well to the north; and, 3) a pond behind, or to the <br />northwest, of the home. As a result, staff feels there is a demonstrated need, or hardship, that is site - <br />driven and quantifiable. <br />Associate Planner Gretz stated staff would recommend approval of the Variance, with the stipulation <br />that the garage be placed as far back from the street as is practical for the applicants. Diagrams <br />submitted by the applicant indicate the proposed garage to be setback from Wood Duck Trail 62 feet, <br />with approximately 24 feet between the garage and the well. Staff would then recommend approval <br />of the Variance with the following condition: <br />20 <br />
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