11/12/2002 Council Minutes - Laserfiche WebLink

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• • • COUNCIL MINUTES DRAFT NOVEMBER 12, 2002 Councilmember Dahl moved to adopt Resolution No. 02-166 Accepting Donations from the Circle Pines Lexington Lions, Lino Lakes State Bank, and the Forest Lake Area Athletic Association for the Support of the Lino Lakes Parks and Recreation Department's Annual Family Turkey Shoot. Councilmember Reinert seconded the motion. Motion carried unanimously. Resolution No. 02-166 can be found in the City Clerk's office. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA Consideration of Resolution No. 02-153, Denying Variance, Brown, Tanda Gretz — Associate Planner Gretz explained that Agenda Item 7A is a variance request by Mr. Jamie Brown to allow a metal accessory building in excess of the 150 sq. ft. size allowedkir a property of his size and zone. This item was first presented at the October 28th meeting of the City Council. At that time, the application was tabled in order that City Council members could: more filly explore this issue with the applicant at the Council work session on November 6th. Associate Planner Gretz reviewed that at the Council work session, Mr. Brown asked for the deifintition�the City uses for a building, and she would like to provide that now: a building is defined in the LidLakes Zoning Ordinance as "any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goads, or materials of any kind or nature." Associate Planner Gretz explained that this Varianceaaplication is for property located at 442 Main Street, which is zoned Rural and 2.1 acres in size„ Mr. Brown is asking for a Variance from the prohibition of metal buildings on a property of his size and zone. In addressing accessory structures for a property of this size and zone, Section 3, subdiv. 4.D.8.e of the City Zoning ordinance states: "no metal corrugated siding or roof, s t upon tool sheds less than 150 square feet in area." Associate Planner Gretz stated it sl ould;be noted that Mr. Brown has already constructed the metal accessory building which is t e tbcus of this Variance application. It should also be noted that Mr. Brown did not pull a buildingermitbefore constructing the building. The building is 24' X 36', or 864 sq. ft., in size. Building official Pete Kluegel noticed the structure earlier this spring. She then notified Mr. Brown that such a building was prohibited under City code and that he would have been advised of that fact during the permitting process if he would have applied for a building permit. Associate Planner Gretz advised that she has sent several letters to Mr. Brown on this matter over the summer, advising him that she could see only three ways to resolve the situation: 1) to remove the structure; 2) to bring the structure into compliance — this would probably involve siding and roofing the structure in some fashion which conforms to code (i.e., is not metal...); and, 3) to apply for a Variance. Associate Planner Gretz stated that while she advised Mr. Brown that staff could not support his request for a Variance, as there was no property hardship demonstrated according to land use criteria, he was told it was always his option of applying for one. Specifically, Variances are evaluated against the following five criteria, which then constitute a finding of fact: 3