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Home My WebLink About2017-131 Council Resolution —T Cp Pecd�er "IZ? it-7 CITY OF LINO LAKES RESOLUTION NO. 17-131 RESOLUTION APPROVING A VARIANCE TO ALLOW FOR THE MINOR SUBDIVISION OF A PORTION OF OUTLOT A, LINO AIR PARK NORTH WHEREAS,the City received a land use application for a variance to allow for the minor subdivision of a portion of Outlot A, Lino Air Park North; and WHEREAS, the legal description of the property is that part of Outlot A, Lino Air Park North, Anoka County, Minnesota lying in the Northeast Quarter of the Southeast Quarter of Section 7, Township 31, Range 22, Anoka County, Minnesota; and WHEREAS, Outlot A,Lino Air Park North was platted in 1977. It is 2 feet wide and runs along the north side of a section of Carl Street; and WHEREAS, there is a vacant substandard unsewered lot along Carl Street that abuts Outlot A; and WHEREAS, Section 1007.042(1)(d) states that any substandard unsewered lot may be used for the erection of a structure if the lot has direct frontage on an improved public street; and WHEREAS,the vacant parcel cannot be built upon because it does not have direct frontage on an improved street because a portion of Outlot A lies between the vacant parcel and Carl Street; and WHEREAS,to create a buildable lot, Outlot A will be subdivided into 3 parcels and these parcels will be combined with their respective whole parcels; and WHEREAS,variances are required because the newly created parcels do not meet the zoning requirements in regards to lot size and lot width. 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. 1 The general purpose and intent of the R, Rural ordinance is to aid in guiding development toward fulfillment of the Comprehensive Plan. The variance is in harmony with the general purpose and intent of the ordinance by eliminating an unbuildable outlot and combining 3 parcels with existing rurally zoned parcels. 2. The variance shall be consistent with the comprehensive plan. Per the Comprehensive Plan, the property is guided for Low Density Residential land use. The variance request is consistent with the comprehensive plan. The newly created parcels will remain rurally zoned and allow for the construction of single family detached dwelling on the vacant parcel. 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 by eliminating an unbuildable outlot and creating 1 buildable rural lot for the purpose of constructing 1 single family home. 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 not created by the landowner. Outlot A, Lino Air Park North was platted in 1977 by another property owner. 5. The variance shall not alter the essential character of the locality. The variance will not alter the essential character of the locality. The surrounding area is a rural residential neighborhood. 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 R, Rural and single family detached dwellings are permitted 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. n 2 Not applicable. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves lot size and lot widths variances to allow for the minor subdivision of a portion of Outlot A, Lino Air Park North into Parcel A, Parcel B and Parcel C subject to the following conditions: 1. The newly created parcels shall be combined with the respective parcels. a. Parcel A shall be combined with PID #07-31-22-14-0001. b. Parcel B shall be combined with PID #07-31-22-14-0005. c. Parcel C shall be combined with PID #07-31-22-14-0004. 2. Proof these parcels were combined with Anoka County shall be provided prior to issuance of any building permits. 3. A building permit shall be required prior to any construction on the vacant parcel. Adopted by the Council of the City of Lino Lakes this 27th day of November, 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, Maher, Rafferty, Reinert "ON The following voted against same: none Jeff Rein ayor ATTEST: 111a �neBartell, City Cler 3 Record ID 4075597 CITY ! " OF INO KES 2187615 - 002 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 17-131 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. 17-131, Approving a Variance to Allow for the Minor Subdivision of a Portion of Outlot A, Lino Air Park North, 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 Clerk 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 TO Recorrl'-eT- rI(72 CITY OF LINO LAKES RESOLUTION NO. 17-131 RESOLUTION APPROVING A VARIANCE TO ALLOW FOR THE MINOR SUBDIVISION OF A PORTION OF OUTLOT A,LINO AIR PARK NORTH WHEREAS,the City received a land use application for a variance to allow for the minor subdivision of a portion of Outlot A, Lino Air Park North; and WHEREAS,the legal description of the property is that part of Outlot A,Lino Air Park North, Anoka County,Minnesota lying in the Northeast Quarter of the Southeast Quarter of Section 7, Township 31,Range 22, Anoka County, Minnesota; and WHEREAS, Outlot A,Lino Air Park North was platted in 1977. It is 2 feet wide and runs along the north side of a section of Carl Street; and WHEREAS, there is a vacant substandard unsewered lot along Carl Street that abuts Outlot A; and WHEREAS, Section 1007.042(1)(d) states that any substandard unsewered lot may be used for the erection of a structure if the lot has direct frontage on an improved public street; and WHEREAS,the vacant parcel cannot be built upon because it does not have direct frontage on an improved street because a portion of Outlot A lies between the vacant parcel and Carl Street; and WHEREAS,to create a buildable lot, Outlot A will be subdivided into 3 parcels and these parcels will be combined with their respective whole parcels; and WHEREAS,variances are required because the newly created parcels do not meet the zoning requirements in regards to lot size and lot width. 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. 1 The general purpose and intent of the R, Rural ordinance is to aid in guiding development toward fulfillment of the Comprehensive Plan. The variance is in harmony with the general purpose and intent of the ordinance by eliminating an unbuildable outlot and combining 3 parcels with existing rurally zoned parcels. 2. The variance shall be consistent with the comprehensive plan. Per the Comprehensive Plan, the property is guided for Low Density Residential land use. The variance request is consistent with the comprehensive plan. The newly created parcels will remain rurally zoned and allow for the construction of single family detached dwelling on the vacant parcel. 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 by eliminating an unbuildable outlot and creating 1 buildable rural lot for the purpose of constructing I single family home. 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 not created by the landowner. Outlot A, Lino Air Park North was platted in 1977 by another property owner. 5. The variance shall not alter the essential character of the locality. The variance will not alter the essential character of the locality. The surrounding area is a rural residential neighborhood. 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 R, Rural and single family detached dwellings are permitted 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. 2 Not applicable. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves lot size and lot widths variances to allow for the minor subdivision of a portion of Outlot A, Lino Air Park North into Parcel A, Parcel B and Parcel C subject to the following conditions: 1. The newly created parcels shall be combined with the respective parcels. a. Parcel A shall be combined with PID#07-31-22-14-0001. b. Parcel B shall be combined with PID #07-31-22-14-0005. c. Parcel C shall be combined with PID #07-31-22-14-0004. 2. Proof these parcels were combined with Anoka County shall be provided prior to issuance of any building permits. 3. A building permit shall be required prior to any construction on the vacant parcel. Adopted by the Council of the City of Lino Lakes this 27t`day of November, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Ma nth ey and upon vote being taken thereon,the following voted in favor thereof. Kusterman, Manthey, Maher, Rafferty, Reinert The following voted against same: none Jeff Rein ayor ATTEST: Ihiae Bartell, City Cler 3 ANOKA COUNTY MINNESOTA Document No.: 2187615.002 ABSTRACT I hereby certif�,, 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: 4075597