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HomeMy WebLinkAbout2017-064 Council Resolution —F f o � .�C Co rC�f t� 1/1 2-11 CITY OF LINO LAKES RESOLUTION NO. 17-64 RESOLUTION APPROVING VARIANCES FOR GOLDEN ACRE WHEREAS,the City received an application for variances for Golden Acre hereafter referred to as "Development"; and WHEREAS, City staff completed review of the proposed"Development" based on the following information: • Civil plan set prepared by Plowe Engineering, Inc. dated May 18, 2017 • Certificate of Survey, Resource Inventory and Preliminary Plat prepared by EG Rud& Sons, Inc. dated May 17, 2017 • Final plat prepared by EG Rud& Sons, Inc. dated May 15, 2017; and WHEREAS, Section 1007.090 R-1, Single Family Residential District establishes required lot and yard requirements related to lot size, depth and setback; and WHEREAS, the applicant has requested variances from these standards; and WHEREAS, these variances were approved in 2006 with Resolution No. 06-181 but were not recorded and are being re-evaluated with the preliminary plat of Golden Acre; and WHEREAS,the 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. a. The variance shall be in harmony with the general purposes and intent of the ordinance. 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 district is intended for development of single family detached homes on lots served with public sanitary sewer and water. r 1 The four (4) lot residential subdivision proposed for Golden Acre meets the general purpose and intent of providing single family housing. All four (4) lots will be served by public water and sanitary sewer. The development will not be detrimental to the public health, safety or general welfare of the neighborhood. b. The variance shall be consistent with the comprehensive plan. The variance is consistent with the comprehensive plan. The parcel is guided low density residential per the City's Comprehensive Plan which allows for 1.6 to 3.9 dwelling units per acre. The proposal of 3.60 units per acre is consistent with the Comprehensive Plan's guided land use and density for residential development. c. 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 subdivision of an existing parcel and creation of four (4) residential lots are reasonable uses of the property. The practical difficulty in complying with the lot depth, lot width and setback standards of the zoning ordinance would only allow for the creation of two (2) lots. This would not be consistent with the intent of the Mar Don Acres plat or the previously approved Hailey Manor and Isabell Estates subdivisions. d. 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 created by the requirement to dedicate 30 feet of right-of- way on Arlo Lane which reduces the lot depths to 132 feet and the requirement to provide an infiltration basin for stormwater management. The need for the side yard setback variance due to the location of the existing house on 547 Lois Lane was not created by the landowner. e. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. The proposal to create four (4) single family residential lots for the purpose of constructing three (3) new single family homes is compatible with the surrounding existing single family homes. Similar variances were approved for the two neighboring subdivisions, Hailey Manor, and Isabell Estates. f. 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 homes are permitted uses in the R-1, Single Family Residential District. 2 g. 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 Golden Acre: • Lots 1 thru 4: o A variance to reduce the required lot size (contiguous buildable land) from 10,800 s.f. to lot sizes ranging from 9,067 s.f. to 10,237 s.f. o A 3 foot variance to reduce the required lot depth from 135 feet to 132 feet. • Lot 1: o A 3.7 foot variance to reduce the required principal building side yard setback from 10 feet to 6.3 feet. • Lot 2 o A 2.5 foot variance to reduce the required lot width from 80 feet to 77.5 feet. Adopted by the Council of the City of Lino Lakes this 10'h day of July, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member Raf ferty and was duly seconded by Council Member Maher and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Maher, Manthey, Kusterman, Reinert The following voted against same: none Jeff Reinert, Nfa of ATTEST: -- -J ianne Bartel, Cit Jerk 3 Record ID 4036073 CITY01 L N *[1AES 2175692 . 004 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 17-64 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. 17-64, Approving Variances for Golden Acre, 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 erk 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 17-64 RESOLUTION APPROVING VARIANCES FOR GOLDEN ACRE WHEREAS, the City received an application for variances for Golden Acre hereafter referred to as "Development"; and WHEREAS, City staff completed review of the proposed"Development" based on the following information: • Civil plan set prepared by Plowe Engineering, Inc. dated May 18,2017 • Certificate of Survey, Resource Inventory and Preliminary Plat prepared by EG Rud& Sons, Inc. dated May 17, 2017 • Final plat prepared by EG Rud & Sons, Inc. dated May 15, 2017; and WHEREAS, Section 1007.090 R-1, Single Family Residential District establishes required lot and yard requirements related to lot size, depth and setback; and WHEREAS, the applicant has requested variances from these standards; and WHEREAS,these variances were approved in 2006 with Resolution No. 06-181 but were not recorded and are being re-evaluated with the preliminary plat of Golden Acre; and WHEREAS,the 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. a. The variance shall be in harmony with the general purposes and intent of the ordinance. 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 district is intended for development of single family detached homes on lots served with public sanitary sewer and water. 1 The four (4) lot residential subdivision proposed for Golden Acre meets the general purpose and intent of providing single family housing. All four (4) lots will be served by public water and sanitary sewer. The development will not be detrimental to the public health, safety or general welfare of the neighborhood. b. The variance shall be consistent with the comprehensive plan. The variance is consistent with the comprehensive plan. The parcel is guided low density residential per the City's Comprehensive Plan which allows for 1.6 to 3.9 dwelling units per acre. The proposal of 3.60 units per acre is consistent with the Comprehensive Plan's guided land use and density for residential development. c. 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 subdivision of an existing parcel and creation of four (4) residential lots are reasonable uses of the property. The practical difficulty in complying with the lot depth, lot width and setback standards of the zoning ordinance would only allow for the creation of two (2) lots. This would not be consistent with the intent of the Mar Don Acres plat or the previously approved Hailey Manor and Isabell Estates subdivisions. d. 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 created by the requirement to dedicate 30 feet of right-of- way on Arlo Lane which reduces the lot depths to 132 feet and the requirement to provide an infiltration basin for stormwater management. The need for the side yard setback variance due to the location of the existing house on 547 Lois Lane was not created by the landowner. e. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. The proposal to create four (4) single family residential lots for the purpose of constructing three (3) new single family homes is compatible with the surrounding existing single family homes. Similar variances were approved for the two neighboring subdivisions, Hailey Manor, and Isabell Estates. f. 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 homes are permitted uses in the R-1, Single Family Residential District. 2 ti f g. 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 Golden Acre: • Lots 1 thru 4: o A variance to reduce the required lot size (contiguous buildable land) from 10,800 s.f.to lot sizes ranging from 9,067 s.f. to 10,237 s.f. o A 3 foot variance to reduce the required lot depth from 135 feet to 132 feet. • Lot 1: o A 3.7 foot variance to reduce the required principal building side yard setback from 10 feet to 6.3 feet. • Lot 2 o A 2.5 foot variance to reduce the required lot width from 80 feet to 77.5 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 Raf f erty and was duly seconded by Council Member Maher and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Maher, Manthey, Kusterman, Reinert The following voted against same: none Jeff Reinert, Nfa 4 ATTEST: \,-- ianne Bartel , Ci Jerk 3 ANOKA COUNTY MINNESOTA Document No.: 2175692.004 ABSTRACT I hereby certify that the within instrUnlent 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/Recorderr'Registrar of Titles RMH, Deputy Record ID: 4036073