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HomeMy WebLinkAbout2017-130 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 17-130 RESOLUTION APPROVING A VARIANCE FOR CURB CUT/DRIVEWAY WIDTH FOR 41 CENTURY TRAIL WHEREAS, the City received a land use application for a variance for curb cut/driveway width for 41 Century Trail; and WHEREAS,the legal description of the property is Lot 14, Block 2, Century Farm North, Lino Lakes, Anoka County, Minnesota; and WHEREAS,the property is zoned PUD, Planned Unit Development for an urban residential subdivision and allows for driveways in residential zoning districts; and WHEREAS, Section 1007.044(3)(h)7 states no curb cut shall exceed 26 feet in width within a residential zoning district as measured at the street right-of-way; and WHEREAS,the property owner reconstructed the driveway and curb cut to 28 feet wide at the street right-of-way; and WHEREAS,the Planning& Zoning Board reviewed the variance application on November 8, 2017 and recommended approval with a 3-2 vote. 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 ordinance is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles upon various parcels of land or structures. The variance to allow for a 28 foot curb cut/driveway width is harmonious with the general purposes and intent of the ordinance. 2. The variance shall be consistent with the comprehensive plan. 1 Per the Comprehensive Plan, the property is guided for Low Density Residential land use. The variance request is consistent with the comprehensive plan. The applicant's property is intended for single family dwellings with houses, garages and driveways. 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; however, there is no practical difficulty in complying with the required 26 foot curb cut/driveway width. 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 was created by the landowner installing a driveway without a permit. There are no unique circumstances to the property causing them to not be able to comply with the ordinance. 5. The variance shall not alter the essential character of the locality. The variance will not alter the essential character of the locality which is a single family residential neighborhood with houses, garages and driveways. 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. The variance will not be granted for any use that is not allowed under the ordinance for property in the zoning district. The property is zoned PUD, Planned Unit Development for a residential subdivision and driveways are consistent with residential uses. 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 28 foot wide curb cut/driveway width for 41 Century Trail. Adopted by the Council of the City of Lino Lakes this 27"'day of November, 2017. 2 /01111 The motion for the adoption of the foregoing resolution was introduced by Council MemberKusterman and was duly seconded by Council Member Rafferty and upon vote being taken thereon,the following voted in favor thereof: Kusterman, Rafferty, Maher, Manthey, Reinert The following voted against same: none Jeff Reine yor ATTEST: Ee Bartell, City�Ierk ry 3 a • I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Record ID 4075589 CITY , F RNOLAKES21 87615 . 001 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 17-130 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. 17-130, Approving a Variance for Curb Cut/Driveway Width for 41 Century Trail, passed by the City Council on November 27, 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 November 28, 2017. City 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 nit CITY OF LINO LAKES RESOLUTION NO. 17-130 RESOLUTION APPROVING A VARIANCE FOR CURB CUT/DRIVEWAY WIDTH FOR 41 CENTURY TRAIL WHEREAS,the City received a land use application for a variance for curb cut/driveway width for 41 Century Trail; and WHEREAS,the legal description of the property is Lot 14, Block 2, Century Farm North, Lino Lakes,Anoka County,Minnesota; and WHEREAS,the property is zoned PUD, Planned Unit Development for an urban residential subdivision and allows for driveways in residential zoning districts; and WHEREAS, Section 1007.044(3)(h)7 states no curb cut shall exceed 26 feet in width within a residential zoning district as measured at the street right-of-way; and WHEREAS,the property owner reconstructed the driveway and curb cut to 28 feet wide at the street right-of-way; and WHEREAS,the Planning&Zoning Board reviewed the variance application on November 8, 2017 and recommended approval with a 3-2 vote. 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 ordinance is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles upon various parcels of land or structures. The variance to allow for a 28 foot curb cut/driveway width is harmonious with the general purposes and intent of the ordinance. 2. The variance shall be consistent with the comprehensive plan. 1 Per the Comprehensive Plan, the property is guided for Low Density Residential land use. The variance request is consistent with the comprehensive plan. The applicant's property is intended for single family dwellings with houses, garages and driveways. 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; however, there is no practical difficulty in complying with the required 26 foot curb cut/driveway width. 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 was created by the landowner installing a driveway without a permit. There are no unique circumstances to the property causing them to not be able to comply with the ordinance. 5. The variance shall not alter the essential character of the locality. The variance will not alter the essential character of the locality which is a single family residential neighborhood with houses, garages and driveways. 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. The variance will not be granted for any use that is not allowed under the ordinance for property in the zoning district. The property is zoned PUD, Planned Unit Development for a residential subdivision and driveways are consistent with residential uses. 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 28 foot wide curb cut/driveway width for 41 Century Trail. Adopted by the Council of the City of Lino Lakes this 27"'day of November, 2017. 2 The motion for the adoption of the foregoing resolution was introduced by Council Member Kus terman and was duly seconded by Council Member Raf f erty and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Rafferty, Maher, Manthey, Reinert The following voted against same: none Jeff Reine yor ATTEST: Ee Bartell, City�Ierk 3 ANOKA COUNTY MINNESOTA _ Document No.: 2187615.001 ABSTRACT I hereby certify'that the within instrument was filed in this office for record on: 12/01/2017 11:31:00 AM Fees/Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Administrator/Recorder/Registrar of Titles MDK, Deputy Record ID: 4075589