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HomeMy WebLinkAbout2018-165 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 18-165 RESOLUTION APPROVING A VARIANCE FOR CURB CUT/DRIVEWAY WIDTH FOR 111 ROBINSON DRIVE WHEREAS,the City received a land use application for a variance for curb cut/driveway width for 111 Robinson Drive; and WHEREAS, the legal description of the property is Lot 7, Block 1, Century Farm North 6''Addition, 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 sub-contractor constructed the driveway and curb cut to 26.7 feet wide at the street right-of-way; and WHEREAS,the Planning & Zoning Board reviewed the variance application on November 14, 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 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 26.7 foot curb cut/driveway width is harmonious with the general purposes and intent of the ordinance. The additional 8 inches will not congest public right-of-way or impact public safety. 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. The property is intended for single family dwellings with houses, garages and driveways. The construction of a driveway is a reasonable 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 was not created by the landowner. The landowner contracted with a sub-contractor who improperly installed a 26.7 foot wide driveway. 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 is not being 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 26.7 foot wide curb cut/driveway width for I I I Robinson Drive. Adopted by the Council of the City of Lino Lakes this 26 h day of November, 2018. The motion for the adoption of the foregoing resolution was introduced by Council 2 Member Maher and was duly seconded by Council Member Stoesz and upon vote being taken thereon,the following voted in favor thereof: Maher, SToesz, Rafferty, Manthey, Reinert The following voted against same: none Jeff Reine , M yor ATTEST: -".,----Juliahne Bartell, Ci}y Cle&' 3 IIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIi Record ID 4166129 Al'MA. C I T Y O F JIN -)LA-KKIS 2215355 . 008 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 18-165 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. 18-165, Approving a Variance for Curb Cut/Driveway Width for I I I Robinson Drive, approved by the Lino Lakes City Council on November 26, 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 November 27, 2018. City CfA 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 18-165 RESOLUTION APPROVING A VARIANCE FOR CURB CUT/DRIVEWAY WIDTH FOR III ROBINSON DRIVE WHEREAS, the City received a land use application for a variance for curb cut/driveway width for I I I Robinson Drive; and WHEREAS,the legal description of the property is Lot 7, Block 1, Century Farm North 6t'Addition, 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 sub-contractor constructed the driveway and curb cut to 26.7 feet wide at the street right-of-way; and WHEREAS,the Planning&Zoning Board reviewed the variance application on November 14, 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 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 26.7 foot curb cut/driveway width is harmonious with the general purposes and intent of the ordinance. The additional 8 inches will not congest public right-of-way or impact public safety. 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. The property is intended for single family dwellings with houses, garages and driveways. The construction of a driveway is a reasonable 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 was not created by the landowner. The landowner contracted with a sub-contractor who improperly installed a 26.7 foot wide driveway. 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 is not being 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 26.7 foot wide curb cut/driveway width for 111 Robinson Drive. Adopted by the Council of the City of Lino Lakes this 26t'day of November, 2018. The motion for the adoption of the foregoing resolution was introduced by Council 2 Member Maher and was duly seconded by Council Member Stoesz and upon vote being taken thereon,the following voted in favor thereof- Maher, SToesz, Rafferty, Manthey, Reinert The following voted against same: none -- - Jeff Reine yor ATTEST: --Julianne`Bartell, C', Clerk 3 ANOKA COL`NTY MINNESOTA Document No.: 2215355.008 ABSTRACT I hereby certify that the within instrument wras filed in this office for record on: 12'03 2018 4:12:00 PM Fees/Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Administrator,'Recorder..eRegistrar of Titles XIDT, Depute Record ID: 4166129