2002-117 Council Resolution - Laserfiche WebLink

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City Council Meeting Lindahl Minor Subdivision & Variance October 14, 2002 City attorney and recorded with Anoka County. In addition, as a further condition of approval in 1997, the driveway was approved by the Fire Chief. The driveway is currently used primarily by the residents at 815 Ash Street, as the Lindahls have their own access drive. Further subdivision of the Lindahl's 11 -acre parcel would require shared use of this driveway by the future owners of proposed Tract A Such a situation may or may not pose a legal issue: the easement agreement states the easement is "for the exclusive benefit of Tracts B (855 Ash Street) and C (815 Ash Street)." Further, the agreement states that "no party may unreasonably increase the burden of the driveway and utility easement." The agreement can be amended only with the written consent of both parties. VARIANCE — FINDINGS OF FACT The Lino Lakes Zoning Ordinance states that "in considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1.) That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Comment: The property is being subdivided according to the homestead clause of the City Zoning Ordinance (Section 3, subdiv. 3.A.2. b.2), which allows minimum lot size below what is normally required under Ordinance. The proposed property can not take advantage of the homestead (which allows lot size down to one acre in size) while also meeting the normal minimum lot size requirements of Ruraly zoned property (which requires lots to be at least 10 acres in size). 2.) That the plight of the landowners is due to physical circumstances unique to his property, not created by the land owner. Comment: While the existing lot of record, while meeting the area requirements as prescribed in the ordinance, does not have the necessary frontage required under minimum Rural lot width standards. 3.) That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. Comment: While the zoning ordinance allows a one acre lot to be created under the homestead clause, the minimum Rural lot standards preclude the creation of such a lot that would also comply with the City's minimum lot depth standards. 4.) That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 4