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HomeMy WebLinkAbout2018-166 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 18-166 RESOLUTION APPROVING A VARIANCE FOR ROOFING MATERIALS FOR 47 GLADSTONE DRIVE WHEREAS, the City received a land use application for a variance for roofing materials for 47 Gladstone Drive; and WHEREAS, the legal description of the property is the West %2 of Lot 11, Block 4, Lexington Park Lake View, Lino Lakes, Anoka County, Minnesota; and WHEREAS, the property is zoned R-1, Single Family Residential and allows for single family dwellings and accessory structures; and WHEREAS, Section 1007.043(2)(a)3 states that single family dwellings shall have at least a four/twelve (4/12) roof pitch and shall be covered with shingles or tiles or a standing seam metal roof; and WHEREAS,the homeowner replaced the roof on his house and detached garage with a metal roof with exposed fasteners without a building permit; 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 General Provisions section of the Zoning Ordinance is to establish general development performance standards. These standards are intended and designed 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 a metal roof with exposed fasteners is harmonious with the general .-, purposes and intent of the ordinance. The metal roof with exposed fasteners is a compatible use, will not promote urban blight or decay and is not detrimental to the health, safety or general welfare of the residents of the community. i 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the comprehensive plan. Per the Comprehensive Plan, the property is guided for Low Density Residential land use. A single family dwelling and detached garage exist on the parcel which is consistent with the land use guidance. 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 construction of a metal roof with exposed fasteners on a single family dwelling and detached garage are reasonable uses. A practical difficulty and economic burden would exist if the property owner were required to replace the roof. 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 owner installing a metal roof with exposed fasteners without a building permit. The property owner was not aware a building permit was required since he was doing the work himself. 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 and garages. 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-1, Single Family Residential and single family detached homes and garages with metal roofs are permitted and accessory 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 2 BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves a variance to allow for a metal roof with exposed fasteners on the single family dwelling and detached garage at 47 Gladstone 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 Member Rafferty and was duly seconded by Council Member Maher and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Maher, Manthey, Stoesz, Reinert The following voted against same: none Jeff Reine ayor ATTEST: ,..h Julianne Bartell, Cify Clem 3 Record ID 4166679 C I TY I Jim F IIN(-)l KEG 561491 . 001 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 18-166 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. 18-166, Approving a Variance for Roofing Materials for 47 Gladstone 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. J 1- ,Y F i y rk k_ 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 ' J CITY OF LINO LAKES RESOLUTION NO. 18-166 RESOLUTION APPROVING A VARIANCE FOR ROOFING MATERIALS FOR 47 GLADSTONE DRIVE WHEREAS,the City received a land use application for a variance for roofing materials for 47 Gladstone Drive; and WHEREAS, the legal description of the property is the West 1/2 of Lot 11, Block 4, Lexington Park Lake View, Lino Lakes,Anoka County, Minnesota; and WHEREAS, the property is zoned R-1, Single Family Residential and allows for single family dwellings and accessory structures; and WHEREAS, Section 1007.043(2)(a)3 states that single family dwellings shall have at least a four/twelve (4/12)roof pitch and shall be covered with shingles or tiles or a standing seam metal roof, and WHEREAS,the homeowner replaced the roof on his house and detached garage with a metal roof with exposed fasteners without a building permit; 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 General Provisions section of the Zoning Ordinance is to establish general development performance standards. These standards are intended and designed 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 a metal roof with exposed fasteners is harmonious with the general purposes and intent of the ordinance. The metal roof with exposed fasteners is a compatible use, will not promote urban blight or decay and is not detrimental to the health, safety or general welfare of the residents of the community. 1 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the comprehensive plan. Per the Comprehensive Plan, the property is guided for Low Density Residential land use. A single family dwelling and detached garage exist on the parcel which is consistent with the land use guidance. 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 construction of a metal roof with exposed fasteners on a single family dwelling and detached garage are reasonable uses. A practical difficulty and economic burden would exist if the property owner were required to replace the roof. 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 owner installing a metal roof with exposed fasteners without a building permit. The property owner was not aware a building permit was required since he was doing the work himself. 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 and garages. 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-1, Single Family Residential and single family detached homes and garages with metal roofs are permitted and accessory 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 2 BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves a variance to allow for a metal roof with exposed fasteners on the single family dwelling and detached garage at 47 Gladstone 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 Member Rafferty and was duly seconded by Council Member Maher and upon vote being taken thereon,the following voted in favor thereof: Rafferty, Maher, Manthey, Stoesz, Reinert The following voted against same: none Jeff Reine yor ATTEST: Julianne Bartell, CAy Cler 3 ANOKA COUNTY MINN ESOTA Document No.: 561491.001 TORRENS I hereby certil�• that the within instrument was filed in this office for record on: 12/03/2018 3:11:00 I'M Fees./Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Administrator/Recorder/Registrar of Titles DDS, Deputy Record ID: 4166679