HomeMy WebLinkAbout2019-076 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 19-76
RESOLUTION DENYING A VARIANCE FOR
IMPERVIOUS SURFACE COVERAGE FOR 6650 ENID TRAIL
WHEREAS, the City received a land use application for a variance for impervious
surface coverage for 6650 Enid Trail; and
WHEREAS, the legal description of the property is Lot 3, Block 2, St Clair Estates,
Lino Lakes, Anoka County, Minnesota; and
WHEREAS, the property is located within the City's Shoreland Management Overlay
District; and
WHEREAS, Section 1102.07(1)(c)4 states that impervious surface coverage of lots must
not exceed 30% for single-family homes; and
WHEREAS, the applicant is proposing to construct a single family home that would
create 43.7% impervious surface coverage; and
WHEREAS, the Planning & Zoning Board reviewed the variance application on June
12, 2019 and recommended denial 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 Shoreland Management Overlay ordinance is to
protect public waters. Per the ordinance Policy statement, the uncontrolled use of
shorelands of the city affects the public health, safety and general welfare not only by
contributing to pollution of public waters, but also by impairing the local tax base.
Therefore, it is in the best interests of the public health, safety and welfare to provide for
the wise subdivision, use and development of shorelands of public waters. Impervious
surface coverage limits are important because as coverage increases, the rate and
amount of runoff and pollutants entering the public waters increases.
The variance to allow for 43. 7% impervious surface coverage is not harmonious with the
general purposes and intent of the ordinance. The variance requested does not seek
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minimal relief of the maximum allowed impervious surface but is a substantial deviation
that is not in harmony with the purposes and intent of the City's Shoreland Ordinance.
2. The variance shall be consistent with the comprehensive plan.
Goal#1 of the Comprehensive Plan's 2030 Vision for Natural Resources and Amenities is
to ident, protect and preserve the desirable natural areas and ecological and aquatic
resources of the community.
The variance request is not consistent with the comprehensive plan. Increased
impervious surface coverage is a detriment to natural areas and water quality.
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 does not propose to use the property in a reasonable manner. There
is no practical difficulty in complying with the required 30% impervious surface
coverage requirement. The lot is a standard 10,800 sf, R-1, Single Family Residential
that meets lot width, depth and size 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 is not due to circumstances unique to the property. The lot is
a standard 10,800 sf, R-1, Single Family Residential parcel that meets lot width, depth
and size requirements. There are no unique circumstances to the property causing them
to not be able to comply with the ordinance. The plight is created by the landowner's
preference to construct a single family home too large for the parcel. The City is not
obligated to approve house plans in order to meet private development covenants.
5. The variance shall not alter the essential character of the locality.
The variance will alter the essential character of the locality. The adjacent lots are
12,000 sf + lots with 2, 500-2, 800 sf homes. Impervious surface coverage on these lots is
less than 30%. The subject lot is 10,819 sf with a proposed 5,030 sf house.
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 for
a residential subdivision and driveways are consistent with residential uses.
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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
denies a variance to allow for 43.7% impervious surface coverage at 6650 Enid Trail.
Adopted by the Council of the City of Lino Lakes this 8th day of July, 2019.
The motion for the adoption of the foregoing resolution was introduced by Council
Member Stoesz and was duly seconded by Council Member
Manthey and upon vote being taken thereon, the following voted in favor
thereof:
Stoesz, Manthey, Maher, Rafferty, Reinert
The following voted against same:
none
ATTEST:
Bartell, C'
y e Cler
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