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HomeMy WebLinkAbout2017-060 Council Resolution -7/12b-7 CITY OF LINO LAKES RESOLUTION NO. 17-60 RESOLUTION APPROVING VARIANCES FOR CHAVEZ PRESERVE WHEREAS,the City received an application for variance approvals for Chavez Preserve hereafter referred to as"Development"; and WHEREAS, City staff completed review of the proposed"Development"based on the following information: • Civil Plans, prepared by Plowe Engineering date May 26, 2017 • Stormwater Drainage Report,prepared by Plowe Engineering dated May 24, 2017 • Preliminary Plat,prepared by E.G. Rud & Sons dated April 18, 2017; and WHEREAS, White Pine Road is classified as a collector street; and WHEREAS,per Section 302.03(1)(a), street right-of-way widths shall not be less than 80 feet for collector streets; and WHEREAS, the section of White Pine Road along the proposed plat of Chavez Preserve currently has 73 feet of right-of-way and 7 more feet would be required to be dedicated on the final plat; and WHEREAS,the applicant is requesting a seven (7) foot variance to reduce required collector street right-of-way width from 80 feet to 73 feet; and WHEREAS, per Section 1007.090(2)(d)lb,building setbacks from collector or arterial streets are 40 feet; and WHEREAS,the applicant is requesting a ten (10) foot variance to reduce the required building setback from 40 feet to 30 feet; and WHEREAS, Planning& Zoning Board reviewed and recommended approval of the variances on June 14, 2017. NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT Per Section 1007.018(a), 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. n 1 r� 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of Chapter 302 Street Construction Standards ordinance is to establish standards to encourage well planned and efficient streets by establishing standards for design and construction. The reduced right-of-way is harmonious with ordinance intent by continuing to provide well planned and efficient streets. The general purpose and intent of the R-1, Single Family Residential District is to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. The reduced street setback from 40 feet to 30 feet provides for the construction of single family homes in a residential atmosphere. 2. The variance shall be consistent with the comprehensive plan. Both variance requests are consistent with the comprehensive plan. The subject site is guided for low density residential development and the proposed 6 lot residential development is consistent in regards to land use and density. 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 1010�, difficulties. Practical difficulties include,but are not limited to, inadequate access to direct sunlight for solar energy systems. There are practical difficulties in dedicating a full 40 feet of right-of-way and requiring a 40 foot street setback. The stormwater in this development is being managed through an infiltration basin and pond in the rear yards resulting in drainage and utility easements varying in width from 25 feet to 70 feet. Standards rear yards easements are 10 feet. All of the lots meet area and width requirements but the wider easements reduce the buildable rear yards. By not requiring the additional 7 feet of right-of-way and allowing the 10 foot street setback variance, the rear yards gain an additional 17 feet. 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 due to circumstances unique to the property and was not created by the landowner. The developer is proposing to subdivide an existing lot of record platted in 1949. 5. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. The adjacent properties are residential houses. The White Pine Road right-of-way west of the subject site to Baldwin Lake Road is only 60 feet and this area is fully developed. The front setbacks in the area (with the exception of 6201 Lauren Avenue) are 30 feet. 2 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. Single family detached homes are allowed as Permitted Uses in the R-1, Single Family 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 the following variances for Chavez Preserve: 1. Seven(7) foot variance to reduce required collector street right-of-way width from 80 feet to 73 feet. 2. Ten (10) foot variance to reduce required building setback from collector street from 40 feet to 30 feet. Adopted by the Council of the City of Lino Lakes this I Wh day of July, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Manthey and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Manthey, Mahe.-, Rafferty, Reinert The following voted against same: none Jeff Reine yor ATTEST: Juli ine Bartell, City)Cler 3 i(IIIII IIIII IIIII IIIII IIIII IIIII IIIII(III(III Record ID 4036052 CITY OF JINOIAKES 2175692 . 003_ CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 17-60 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. 17-60, Approving Variances for Chavez Project, approved by the Lino Lakes City Council on July 10, 2017, 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 July 12, 2017. City Cl 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 17-60 RESOLUTION APPROVING VARIANCES FOR CHAVEZ PRESERVE WHEREAS,the City received an application for variance approvals for Chavez Preserve hereafter referred to as "Development"; and WHEREAS, City staff completed review of the proposed"Development"based on the following information: • Civil Plans,prepared by Plowe Engineering date May 26, 2017 • Stormwater Drainage Report,prepared by Plowe Engineering dated May 24, 2017 • Preliminary Plat, prepared by E.G. Rud& Sons dated April 18, 2017; and WHEREAS, White Pine Road is classified as a collector street; and WHEREAS,per Section 302.03(1)(a), street right-of-way widths shall not be less than 80 feet for collector streets; and WHEREAS, the section of White Pine Road along the proposed plat of Chavez Preserve currently has 73 feet of right-of-way and 7 more feet would be required to be dedicated on the final plat; and WHEREAS,the applicant is requesting a seven(7) foot variance to reduce required collector street right-of-way width from 80 feet to 73 feet; and WHEREAS, per Section 1007.090(2)(d)lb, building setbacks from collector or arterial streets are 40 feet; and WHEREAS,the applicant is requesting a ten(10) foot variance to reduce the required building setback from 40 feet to 30 feet; and WHEREAS, Planning& Zoning Board reviewed and recommended approval of the variances on June 14, 2017. NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT Per Section 1007.018(a), 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 ._. ........_. .. ....__ • Y � 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of Chapter 302 Street Construction Standards ordinance is to establish standards to encourage well planned and efficient streets by establishing standards for design and construction. The reduced right-of-way is harmonious with ordinance intent by continuing to provide well planned and efficient streets. The general purpose and intent of the R-1, Single Family Residential District is to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. The reduced street setback from 40 feet to 30 feet provides for the construction of single family homes in a residential atmosphere. 2. The variance shall be consistent with the comprehensive plan. Both variance requests are consistent with the comprehensive plan. The subject site is guided for low density residential development and the proposed 6 lot residential development is consistent in regards to land use and density. 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. There are practical difficulties in dedicating a full 40 feet of right-of-way and requiring a 40 foot street setback. The stormwater in this development is being managed through an infiltration basin and pond in the rear yards resulting in drainage and utility easements varying in width from 25 feet to 70 feet. Standards rear yards easements are 10 feet. All of the lots meet area and width requirements but the wider easements reduce the buildable rear yards. By not requiring the additional 7 feet of right-of-way and allowing the 10 foot street setback variance, the rear yards gain an additional 17 feet. 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 due to circumstances unique to the property and was not created by the landowner. The developer is proposing to subdivide an existing lot of record platted in 1949. 5. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. The adjacent properties are residential houses. The White Pine Road right-of-way west of the subject site to Baldwin Lake Road is only 60 feet and this area is fully developed. The front setbacks in the area (with the exception of 6201 Laurene Avenue) are 30 feet. 2 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. Single family detached homes are allowed as Permitted Uses in the R-1, Single Family 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 the following variances for Chavez Preserve: 1. Seven (7) foot variance to reduce required collector street right-of-way width from 80 feet to 73 feet. 2. Ten(10) foot variance to reduce required building setback from collector street from 40 feet to 30 feet. Adopted by the Council of the City of Lino Lakes this 10t' day of July, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Manthey and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Manthey, Mahea-, Rafferty, Reinert The following voted against same: none Jeff Reine yor ATTEST: Julia e Bartell, City Cler 3 ANOKA COUNTY MINNESOTA Document No.: 2175692.003 ABSTRACT I hereby certify that the withal instrument was filed in this office for record on: 07'14/2017 1:40:00 PM Fees/Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Administrator>'Recorder'Registrar of Titles RMI-I, Deputy Record ID: 4036052