09/23/2002 Council Minutes - Laserfiche WebLink

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