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Home My WebLink About2016-152 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 16-152 RESOLUTION APPROVING A VARIANCE FOR 1558 MEADOWVIEW COURT FOR A PORCH ADDITION WHEREAS, the City received a land use application for a variance for 1558 Meadowview Court for a porch addition hereafter referred to as "Development"; and WHEREAS, the legal description of the property is Lot 18, Block 3, Stoneybrook, Lino Lakes, Anoka County, Minnesota; and WHEREAS,the property is zoned R-1X, Single Family Executive Residential and allows for porch additions; and WHEREAS, the required rear yard setback is 30 feet; and WHEREAS,the northeast corner of the screen covered porch has been constructed only 28.71 feet from the rear property line; therefore encroaching into the setback 1.29 feet; and WHEREAS,the Planning & Zoning Board reviewed the variance application on November 9, 2016 and recommended approval. NOW,THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the R-IX, Single Family Executive Residential District is to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. Approving the variance request for a rear setback encroachment for a screen covered porch addition does not pose a threat to the health, safety or general welfare of the single family neighborhood. The nearest structure is an attached garage on the neighboring property to the east. 2. The variance shall be consistent with the comprehensive plan. 1 The variance request is consistent with the comprehensive plan. The parcel is guided for low density residential use. A porch addition and deck are consistent with residential uses. 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The property owner proposes to use the property in a reasonable manner. The porch addition is a reasonable residential use of the property. The practical difficulty in complying with the 30 foot rear setback would require removal of 1.29 feet of the already constructed porch. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is not due to circumstances unique to the property. The landowner's contractor installed the footings and started construction of the porch without locating the property corners and verifying the rear yard setback. 5. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. Porches are common additions found throughout the City's residential districts. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. House additions such as the screen covered porches are permitted principal structures in the R-IX, Single Family Executive Residential District. 7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves a variance to allow for a 1.29 foot encroachment into the required 30 foot rear yard setback for the purpose of constructing a screen covered porch Adopted by the Council of the City of Lino Lakes this 14th day of November, 2016. 2 The motion for the adoption of the foregoing resolution was introduced by Council Member Manthey and was duly seconded by Council Member Kusterman and upon vote being taken thereon, the following voted in favor thereof: Manthey, Kusterman, Rafferty, Maher, Reinert The following voted against same: none Jeff Rein rt, Mayor ATTEST: �- ne Bartell, City Cl rk 3 Record ID 3973088 C I T Y O F , L[N� L KIES 2155718 . 001 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 16-152 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Resolution No. 16-152, Approving a Variance for 1558 Meadowview Court for a Porch Addition, approved by the Lino Lakes City Council on November 14, 2016, and have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF, I have signed and affixed the city seal on November 15, 2016. �" Jerk 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 16-152 RESOLUTION APPROVING A VARIANCE FOR 1558 MEADOWVIEW COURT FOR A PORCH ADDITION WHEREAS, the City received a land use application for a variance for 1558 Meadowview Court for a porch addition hereafter referred to as "Development"; and WHEREAS,the legal description of the property is Lot 18, Block 3, Stoneybrook, Lino Lakes, Anoka County, Minnesota; and WHEREAS,the property is zoned R-IX, Single Family Executive Residential and allows for porch additions; and WHEREAS, the required rear yard setback is 30 feet; and WHEREAS,the northeast corner of the screen covered porch has been constructed only 28.71 feet from the rear property line;therefore encroaching into the setback 1.29 feet; and WHEREAS,the Planning&Zoning Board reviewed the variance application on November 9, 2016 and recommended approval. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the R-IX, Single Family Executive Residential District is to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. Approving the variance request for a rear setback encroachment for a screen covered porch addition does not pose a threat to the health, safety or general welfare of the single family neighborhood. The nearest structure is an attached garage on the neighboring property to the east. 2. The variance shall be consistent with the comprehensive plan. 1 The motion for the adoption of the foregoing resolution was introduced by Council Member Manthey and was duly seconded by Council Member Kusterman and upon vote being taken thereon,the following voted in favor thereof: Manthey, Kusterman, Rafferty, Maher, Reinert The following voted against same: none Jeff Rein rt, ayor ATTEST: } ne Bartell, City Cl rk 3 ANOKA COUNTY MINNESOTA Document No.: 2155718.001 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 11/21/2016 2:18:00 PM Fees/Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Administrator/Recorder/Registrar'of Titles DDS, Deputy Record ID: 3973088