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HomeMy WebLinkAbout2018-047 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 18-47 RESOLUTION APPROVING VARIANCES FOR LOVE TO GROW ON COMMERCIAL DAY CARE FACILITY (6499 LAKOTA TRAIL) WHEREAS, the City received an application for two (2) variances for Love to Grow On hereafter referred to as "Development"; and WHEREAS, the legal description of the subject property is Lot 1, Block 16, Millers Crossroads; and WHEREAS, City staff has completed a review of the proposed Development based on the following plans: • March 23, 2018: Revised Plan Set, prepared by Rylaur, LLC • March 23, 2018: Revised Summary Report, prepared by Rylaur, LLC • March 22, 2018: Revised Stormwater Management Plan, prepared by Hakanson Anderson • March 16, 2018: Revised Traffic Impact Study, Traffic Impact Group, LLC; and WHEREAS, Section 1007.110 R-1,Neighborhood Business District establishes required setback requirements related to buildings and parking lots; and WHEREAS,the applicant has requested the following variances from these standards: Variance 41: A 9'-0" variance to reduce the required arterial road setback from 40 feet to 34'-8" Variance 42: A 5 foot variance to reduce the required parking lot setback from 10 feet to 5 feet; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the variances on April 11, 2018. 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. The variance shall be in harmony with the general purposes and intent of the ordinance. 1 The general purpose and intent of the NB, Neighborhood is to provide for the establishment of local businesses for convenience, limited office, retail or service outlets which deal directly with the daily requirements for the immediate neighborhood. The variance to allow for two (2) setback variances for the construction of a commercial day care facility are in harmony with the general purposes and intent of the ordinance. 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 commercial land use and the commercial day care facility is consistent with commercial land use. 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 maintaining the 40 foot building setback and 5 foot parking lot setback. The stormwater in this development requires management through 2 on-site infiltration basins. These required basins reduce the amount of buildable area to locate the building. The northeast facing orientation of the building allows for only the rear corner of the building to encroach into the building setback vs. the entire length of the side elevation. The parking stall encroachment abuts a City stormwater pond and does not negatively impact the pond. The property owner proposes to use the property in a reasonable manner. The parcel is guided commercial and a day care facility is consistent with that land use. 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 applicant is proposing to develop an existing lot of record platted in 2004 with existing non-standard drainage & utility easements. Changes in stormwater management requirements since 2004 also require additional on-site stormwater management facilities. 5. The variance shall not alter the essential character of the locality. The variance will not alter the essential character of the locality. The reduced setbacks are along CSAH 49 (Hodgson Road) and a city owned outlot/stormwater pond. The neighborhood consists of commercial development to the north and medium density townhomes to the east and south. 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. Commercial day care facilities are allowed in the NB, Neighborhood Business district with an approved conditional use permit. 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 Love to Grow On commercial day care facility: Variance #1: A 9'-0" variance to reduce the required arterial road setback from 40 feet to 3 4'-8" Variance 42: A 5 foot variance to reduce the required parking lot setback from 10 feet to 5 feet; and Adopted by the Council of the City of Lino Lakes this 141h day of May, 2018. The motion for the adoption of the foregoing resolution was introduced by Council Member Raf ferty and was duly seconded by Council Member Stoesz and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Stoesz, Maher, Manthey, Reinert The following voted against same: none Jeff Reinert, a o ATTEST: e Bartell, Cit Clerk 3 I IIIIII IIIII IIIII IIIII IIIIIIIII IIIII IIII IIII Record ID 4116437 CITY + OF I N 07LrKK E S 2199864 . 004 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 18-47 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. 18-47, Approving Variances for Love to Grow On Commercial Day Care Facility, passed by the City Council on May 14, 2018, 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 May 16, 2018. -\ t City 1 rk 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 18-47 RESOLUTION APPROVING VARIANCES FOR LOVE TO GROW ON COMMERCIAL DAY CARE FACILITY(6499 LAKOTA TRAIL) WHEREAS,the City received an application for two (2) variances for Love to Grow On hereafter referred to as "Development"; and WHEREAS,the legal description of the subject property is Lot 1, Block 16, Millers Crossroads; and WHEREAS, City staff has completed a review of the proposed Development based on the following plans: • March 23, 2018: Revised Plan Set, prepared by Rylaur, LLC • March 23, 2018: Revised Summary Report, prepared by Rylaur, LLC • March 22, 2018: Revised Stormwater Management Plan, prepared by Hakanson Anderson • March 16, 2018: Revised Traffic Impact Study, Traffic Impact Group, LLC; and WHEREAS, Section 1007.110 R-1,Neighborhood Business District establishes required setback requirements related to buildings and parking lots; and WHEREAS, the applicant has requested the following variances from these standards: Variance #1: A 9'-0" variance to reduce the required arterial road setback from 40 feet to 34'-8" Variance #2: A 5 foot variance to reduce the required parking lot setback from 10 feet to 5 feet; and WHEREAS,the Planning & Zoning Board reviewed and recommended approval of the variances on April 11, 2018. 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. The variance shall be in harmony with the general purposes and intent of the ordinance. 1 The general purpose and intent of the NB, Neighborhood is to provide for the establishment of local businesses for convenience, limited office, retail or service outlets which deal directly with the daily requirements for the immediate neighborhood. The variance to allow for two (2) setback variances for the construction of a commercial day care facility are in harmony with the general purposes and intent of the ordinance. 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 commercial land use and the commercial day care facility is consistent with commercial land use. 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 maintaining the 40 foot building setback and S foot parking lot setback. The stormwater in this development requires management through 2 on-site infiltration basins. These required basins reduce the amount of buildable area to locate the building. The northeast facing orientation of the building allows for only the rear corner of the building to encroach into the building setback vs. the entire length of the side elevation. The parking stall encroachment abuts a City stormwater pond and does not negatively impact the pond. The property owner proposes to use the property in a reasonable manner. The parcel is guided commercial and a day care facility is consistent with that land use. 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 applicant is proposing to develop an existing lot of record platted in 2004 with existing non-standard drainage & utility easements. Changes in stormwater management requirements since 2004 also require additional on-site stormwater management facilities. 5. The variance shall not alter the essential character of the locality. The variance will not alter the essential character of the locality. The reduced setbacks are along CSAH 49 (Hodgson Road) and a city owned outlot/stormwater pond. The neighborhood consists of commercial development to the north and medium density townhomes to the east and south. 2 4 i 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. Commercial day care facilities are allowed in the NB, Neighborhood Business district with an approved conditional use permit. 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 Love to Grow On commercial day care facility: Variance #1: A 9'-0"variance to reduce the required arterial road setback from 40 feet to 34'-8" Variance #2: A 5 foot variance to reduce the required parking lot setback from 10 feet to 5 feet;and Adopted by the Council of the City of Lino Lakes this l4ffi day of May, 2018. The motion for the adoption of the foregoing resolution was introduced by Council Member Raf f erty and was duly seconded by Council Member S toe s z and upon vote being taken thereon,the following voted in favor thereof: Rafferty, Stoesz, Maher, Manthey, Reinert The following voted against same: none Jeff Reinert, a o ATTEST: �} e Bartell, Ci Clerk 3 ANOKA COUNTY NIINNESC rI'<< Document No.: 2199864.004 ABSTRAC' I hereby certify that the �Nithin instrument v as tiled in this office for record on: 05-21 2018 3:08:0 0 PM Fees/Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Adniinistrator!Recorder%Registrar of Titles AMS, Deputy Record ID: 4116437