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CITY OF LINO LAKES <br />RESOLUTION NO. 14-01 <br />VARIANCE FROM SHORELAND OVERLAY DISTRICT FOR <br />MARSHAN MEADOWS SECOND ADDITION <br />WHEREAS, a request has been submitted to the City for the approval of a variance from the <br />Shoreland Overlay District for Marshan Meadows Second Addition, said property legally <br />described to -wit: <br />Lot 2, Block 1, Marshan Meadows Second Addition; and <br />WHEREAS, the Shoreland Overlay District references a front setback of 30 feet which was <br />consistent with the underlying zoning district; however, when the R-2 zoning ordinance was <br />amended in 2012 to 25 feet, the Shoreland Overlay District was not properly amended to reflect <br />the change in the front setback, and <br />WHEREAS, review and approvals of variances are governed by state statutes and City <br />ordinances, and <br />WHEREAS, the Lino Lakes City Council makes the following Findings of Fact: <br />a. The variance shall be in harmony with the general purposes and intent of the ordinance. <br />The intent of the Shoreland Overlay District in regards to structural setbacks from public street <br />right of way is to be consistent with the underlying zoning ordinance. The variance would allow <br />a 25 foot setback from the public street right of way which is consistent with the R-2, Two Family <br />zoning district. <br />b. The variance shall be consistent with the comprehensive plan. <br />The variance is consistent with the comprehensive plan. The land is guided for Low Density <br />Sewered Residential development and single family homes are allowed. <br />c. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as <br />used in connection with the granting of a variance, means that the property owner proposes to <br />use the property in a reasonable manner not permitted by the ordinance. Economic <br />considerations alone do not constitute practical difficulties. Practical difficulties include, but are <br />not limited to, inadequate access to direct sunlight for solar energy systems. <br />The property owner proposes to use the property in a reasonable manner not permitted by the <br />ordinance. The construction of a single family home in a residential neighborhood is using the <br />property in a reasonable manner. The practical difficulty of the Shoreland Overlay District 30 <br />foot front setback requirement is not consistent with the underlying R-2, Two Family Residential <br />Zoning District 25 foot front setback requirement. <br />1 <br />