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HomeMy WebLinkAbout2019-002 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 19-02 RESOLUTION APPROVING A VARIANCE FOR STREET AND SIDE YARD SETBACKS FOR 7859 KNOLL DRIVE WHEREAS, the City received a land use application for a variance for street and side yard setbacks for 7859 Knoll Drive; and WHEREAS, the legal description of the property is Lot 19, Block 2, Lake View Woodlands, Lino Lakes, Anoka County, Minnesota; and WHEREAS, the property is zoned R-X, Rural Executive and allows for single family detached dwellings; and WHEREAS,the house was constructed in 1977; and WHEREAS,the applicable zoning ordinance at the time of construction was the 1971 Ordinance No. 56 that required each lot have a front yard not less than 30 feet in depth and each side yard have a width of not less than 10 feet and on corner lots,the side yard on the street side of such corner lot have a width of not less than 30 feet; and WHEREAS, current zoning ordinance Section 1007.081(2)(c) states the required street setback is 30 feet and the side yard setback is 10 feet; and WHEREAS, the house does not meet current zoning setback requirements and cannot be considered legal non-conforming because the structure did not meet the 1971 zoning setback requirements at the time of construction; and WHEREAS, the Planning & Zoning Board reviewed the variance application on December 12, 2018 and recommended approval with a 6-0 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 R-X, Rural Executive District is to provide areas for high value, rural residences. 1 �-� The general purpose and intent of the General Provisions section of the zoning ordinance is to assure compatibility of uses'to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. The variance to allow for the street and side yard setbacks is in harmony with the ordinance. The existing house was constructed in 1977 with the setback encroachments and has not caused urban blight, deterioration or decay. The existing rural residential house continues to provide high value and enhances the health, safety and general welfare of the residents of the community. 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the comprehensive plan. Per the 2030 Comprehensive Plan, the property is guided for Low Density Residential land use. The existing land use is single family residential with a single family dwelling unit and attached garage. 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 a single family detached dwelling. The existing house was built in 1977 and there is no proposed change in use. There would be considerable economic burden to require the property to comply with the setback requirements. 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 contractor constructing a house in 1977 that did not meet setback requirements. 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 rural residential single family neighborhood with houses. 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-X, Rural Executive and single family detached homes are permitted uses. 2 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 for 7859 Knoll Drive: • A 3.4 foot variance to reduce the street setback from Lois Lane from 30 feet to 26.6 feet. • A 1.7 to 1.9 foot variance to reduce the side yard setback from the south lot line from 10 feet to 8.3 feet to 8.1 feet as shown on the October 22, 2018 Certificate of Survey prepared by EG Rud& Sons, Inc. • Posts, flues, belt course, bay windows, leaders, sills, pilaster, eaves, gutters, awnings, open terraces, open canopies, chimneys, ornamental features, open fire escapes extending from the principal structure are permitted yard encroachments provided they do not project more than three (3) feet into the required setback. Adopted by the Council of the City of Lino Lakes this 14th day of January, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member Maher and was duly seconded by Council Member Manthey and upon vote being taken thereon, the following voted in favor thereof: Maher, Manthey, Stoesz, Rafferty, Reinert The following voted against same: none Jeff Reine r ATTEST: Juliann Bartell, Ci Cle 3 Record ID 4177224 CITY 4F NO LT 562491 . 002 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 19-02 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) 1, 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. 19-02, Approving a Variance for Street and Side Yard Setbacks at 7859 Knoll Drive, approved by the Lino Lakes City Council on January 14, 2019, 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 January 15, 2018. i Jerk 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 19-02 RESOLUTION APPROVING A VARIANCE FOR STREET AND SIDE YARD SETBACKS FOR 7859 KNOLL DRIVE WHEREAS,the City received a land use application for a variance for street and side yard setbacks for 7859 Knoll Drive; and WHEREAS,the legal description of the property is Lot 19, Block 2,Lake View Woodlands, Lino Lakes, Anoka County, Minnesota; and WHEREAS, the property is zoned R-X, Rural Executive and allows for single family detached dwellings; and WHEREAS,the house was constructed in 1977; and WHEREAS,the applicable zoning ordinance at the time of construction was the 1971 Ordinance No. 56 that required each lot have a front yard not less than 30 feet in depth and each side yard have a width of not less than 10 feet and on corner lots,the side yard on the street side of such corner lot have a width of not less than 30 feet; and WHEREAS, current zoning ordinance Section 1007.081(2)(c) states the required street setback is 30 feet and the side yard setback is 10 feet; and WHEREAS,the house does not meet current zoning setback requirements and cannot be considered legal non-conforming because the structure did not meet the 1971 zoning setback requirements at the time of construction; and WHEREAS,the Planning & Zoning Board reviewed the variance application on December 12, 2018 and recommended approval with a 6-0 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 R-X, Rural Executive District is to provide areas for high value, rural residences. 1 The general purpose and intent of the General Provisions section of the zoning ordinance is to assure compatibility of uses'to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. The variance to allow for the street and side yard setbacks is in harmony with the ordinance. The existing house was constructed in 1977 with the setback encroachments and has not caused urban blight, deterioration or decay. The existing rural residential house continues to provide high value and enhances the health, safety and general welfare of the residents of the community. 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the comprehensive plan. Per the 2030 Comprehensive Plan, the property is guided for Low Density Residential land use. The existing land use is single family residential with a single family dwelling unit and attached garage. 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 a single family detached dwelling. The existing house was built in 1977 and there is no proposed change in use. There would be considerable economic burden to require the property to comply with the setback requirements. 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 contractor constructing a house in 1977 that did not meet setback requirements. 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 rural residential single family neighborhood with houses. 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-X, Rural Executive and single family detached homes are permitted uses. 2 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 for 7859 Knoll Drive: • A 3.4 foot variance to reduce the street setback from Lois Lane from 30 feet to 26.6 feet. 0 A 1.7 to 1.9 foot variance to reduce the side yard setback from the south lot line from 10 feet to 8.3 feet to 8.1 feet as shown on the October 22, 2018 Certificate of Survey prepared by EG Rud& Sons, Inc. • Posts,_flues,_belt_course, bay windows, leaders, sills, pilaster, eaves, gutters, awnings, open terraces, open canopies, chimneys, ornamental features, open fire escapes extending from the principal structure are permitted yard encroachments provided they do not project more than three (3) feet into the required setback. Adopted by the Council of the City of Lino Lakes this 14t'day of January, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member Maher and was duly seconded by Council Member Manthey and upon vote being taken thereon,the following voted in favor thereof: Maher, Manthey, stoesz, Rafferty, Reinert The following voted against same: none Jeff Reine r ATTEST: Juliann Bartell, Ci Cle 3 ANOT�COUNTYAMINNEOTA Document No.: 562491.002 TORRENS I hereby certify that the within instrument was tiled in this office for record on: 01/18/2019 10:38:00 ANI Fees/Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Administrator/Recorder/Registrar of Titles KFB, Deputy Record ID: 4177224