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HomeMy WebLinkAbout2017-085 Council Resolution ­1 C. , earnr rr �3d�!1 CITY OF LINO LAKES RESOLUTION NO. 17-85 RESOLUTION APPROVING AN AMENDMENT TO RESOLUTION NO. 15-119 FOR 6602 PHEASANT RUN WHEREAS,a request has been submitted to the City to amend Resolution No. 15-119 regarding a variance for an attached garage and detached accessory structure at 6602 Pheasant Run, said property legally described to-wit: Lot 32, Block 5, Lakes Addition No. 2; and WHEREAS, on October 26, 2015, the City Council passed Resolution No. 15-119 approving a 12 foot variance to allow for the construction of an attached garage 28 feet from the lot line along CSAH 34/Birch Street, and WHEREAS, per Resolution No. 15-119, the detached shed in the northeast corner of the lot shall be relocated onto the applicant's property, and WHEREAS,the property owner thought the variance applied to both the attached double garage and detached shed and relocated the detached shed onto the property 26.8 feet from the south lot line along CSAH 34/Birch Street, and WHEREAS, the property owner requested the variance Resolution No. 15-119 include both the attached double garage and detached shed, and WHEREAS, review and approvals of variances are governed by state statutes and City ordinances, and WHEREAS,the Lino Lakes City Council makes the following Findings of Fact: 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the ordinance is to establish performance standards intended to assure compatibility of uses,prevent blight and to enhance the health, safety and general welfare of the residents of the community. Approving this variance request for an attached accessory structure and detached shed does not pose a threat to the health, safety or general welfare of the neighborhood. In fact, since no attached accessory structure is present on the applicant's property (6602 Pheasant Run) approving this variance request will enhance the atmosphere in the neighborhood as Lino Lakes requires all dwellings to have, at minimum, a double garage. 2. The variance shall be consistent with the comprehensive plan. 1 The variance request is consistent with the comprehensive plan. The applicant's property is intended for a Single Family dwelling as such, current zoning ordinances require dwellings to have, at minimum, a double garage. Detached accessory structures (sheds) are also consistent with single family dwellings. 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, as the construction of a double garage and relocation of a detached shed are considered a reasonable use of the property. The practical difficulty in complying with the 40'setback from Birch Street's right-of- way creates a situation where the applicant cannot construct a double garage unless the variance is approved. 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 current landowner recently purchased the property and did not construct the house without a garage. 5. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality by maintaining a 26-28 foot setback similar to the 30 foot setbacks found along other Birch Street corner properties. Accessory structures such as garages and detached sheds are common features found throughout Lino Lakes 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. Accessory structures (attached and detached) are permitted as Accessory 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. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby passed Resolution No. 15-119 to approve of a 12 foot variance to reduce the required 2 setback from 40 feet to 28 feet along the south lot line (CSAH 34/Birch Street) to allow for the construction of an attached double garage, and BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby amends Resolution No. 15-119 to include approval of a 13.2 foot variance to reduce the required setback from 40 feet to 26.8 feet along the south lot line (CSAH 34/Birch Street) to relocate an existing detached shed at 6602 Pheasant Run with the following conditions: 1. The property owner shall enter into an Easement Encroachment Agreement with the City and pay for the recording of the document. Adopted by the Council of the City of Lino Lakes this 281"day of August, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member Manthey and was duly seconded by Council Member Rafferty and upon vote being taken thereon, the following voted in favor thereof: Manthey, Rafferty, Maher, Kusterman, Reinert The following voted against same: none Jeff Reinert o ATTEST: i nne Bartell, C ty Clerk 3 Record ID 4051752 C I T YO IF11NOa*LKES 2 180199 . 006 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 17-85 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. 17-85, Approving an Amendment to Resolution.No. 15-119 regarding a variance at 6602 Pheasant Run, passed by the City Council on August 28, 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 August 31, 2017. City e 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 17-85 RESOLUTION APPROVING AN AMENDMENT TO RESOLUTION NO. 15-119 FOR 6602 PHEASANT RUN WHEREAS, a request has been submitted to the City to amend Resolution No. 15-119 regarding a variance for an attached garage and detached accessory structure at 6602 Pheasant Run, said property legally described to-wit: Lot 32, Block 5, Lakes Addition No. 2; and WHEREAS, on October 26, 2015, the City Council passed Resolution No. 15-119 approving a 12 foot variance to allow for the construction of an attached garage 28 feet from the lot line along CSAH 34/Birch Street, and WHEREAS, per Resolution No. 15-119, the detached shed in the northeast corner of the lot shall be relocated onto the applicant's property, and WHEREAS,the property owner thought the variance applied to both the attached double garage and detached shed and relocated the detached shed onto the property 26.8 feet from the south lot line along CSAH 34Birch Street, and WHEREAS, the properry owner requested the variance Resolution No. 1.5-119 include both the attached double garage and detached shed, and WHEREAS, review and approvals of variances are governed by state statutes and City ordinances, and WHEREAS,the Lino Lakes City Council makes the following Findings of Fact: 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the ordinance is to establish performance standards intended to assure compatibility of uses,prevent blight and to enhance the health, safety and general welfare of the residents of the community. Approving this variance request for an attached accessory structure and detached shed does not pose a threat to the health, safety or general welfare of the neighborhood. In fact, since no attached accessory structure is present on the applicant's property (6602 Pheasant Run) approving this variance request will enhance the atmosphere in the neighborhood as Lino Lakes requires all dwellings to have, at minimum, a double garage. 2. The variance shall be consistent with the comprehensive plan. 1 The variance request is consistent with the comprehensive plan. The applicant's property is intended for a Single Family dwelling as such, current zoning ordinances require dwellings to have, at minimum, a double garage. Detached accessory structures (sheds) are also consistent with single family dwellings. 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, as the construction of a double garage and relocation of a detached shed are considered a reasonable use of the property. The practical difficulty in complying with the 40'setback from Birch Street's right-of- way creates a situation where the applicant cannot construct a double garage unless the variance is approved. 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 current landowner recently purchased the property and did not construct the house without a garage. 5. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality by maintaining a 26-28 foot setback similar to the 30 foot setbacks found along other Birch Street corner properties. Accessory structures such as garages and detached sheds are common features found throughout Lino Lakes 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. Accessory structures (attached and detached) are permitted as Accessory 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. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby passed Resolution No. 15-119 to approve of a 12 foot variance to reduce the required 2 r setback from 40 feet to 28 feet along the south lot line (CSAH 34Birch Street) to allow for the construction of an attached double garage, and BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby amends Resolution No. 15-119 to include approval of a 13.2 foot variance to reduce the required setback from 40 feet to 26.8 feet along the south lot line (CSAH 34Birch Street) to relocate an existing detached shed at 6602 Pheasant Run with the following conditions: 1. The property owner shall enter into an Easement Encroachment Agreement with the City and pay for the recording of the document. Adopted by the Council of the City of Lino Lakes this 28`" day of August, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member Manthey and was duly seconded by Council Member Ra f f Prt-y and upon vote being taken thereon, the following voted in favor thereof: Manthey, Rafferty, Maher, Kusterman, Reinert The following voted against same: none Jeff Reinert o ATTEST: �u1i nne Bartell, C ty Clerk 3 ANOKA COUNTY MINNESOTA Document No.: 2180199.006 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 09/06/2017 10:18:00 AM Fees/Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Administrator/Recorder'Registrar of Titles MDT, Deputy Record ID: 4051752