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HomeMy WebLinkAbout2019-144 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 19-144 RESOLUTION APPROVING LOT AREA VARIANCES FOR POEHLING ADDITION WHEREAS,the City received a land use application for lot area variances for Poehling Addition; and WHEREAS, the legal description of the subject site is Lot, Block 1 Reshanau Shores, Lino Lakes, Anoka County, Minnesota; and WHEREAS, the property owners, Jerome and Mona Poehling,propose to subdivide the subject site into Lot 1 and Lot 2, Block 1, Poehling Addition for the purpose of constructing a single family home on Lot 2; and WHEREAS, the subject site was zoned Residential at the time of plat approval in 1982 and the applicable Zoning Ordinance 56 allowed for the development of single-family dwellings on one-acre lots; and WHEREAS, the property is currently zoned R-1X, Single Family Executive Residential District; and WHEREAS,the City adopted Chapter 1102: Shoreland Management Overlay District in 1995 after approval of the 1982 plat; and WHEREAS, Section 1102.07(1)(a) requires a lot area of 20,000 sf for sewered lots abutting the lake as measured above the ordinary high water level (OHWL); and WHEREAS,the proposed lot areas of Lot 1 and Lot 2, Poehling Addition are less than 20,000 sf and variances are required ; and WHEREAS,the Planning& Zoning Board reviewed the lot area variance application on October 9, 2019 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 Per Section 1007.018(1)(a) Criteria and 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. 1 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 ofpublic waters, but also by impairing the local tax base. In this case, extension of utilities to serve the lots and eliminate on-site septic systems, while allowing the increased density to fund the utility extension,promotes the goal of preventing pollution ofpublic waters. The required larger 20,000 sf riparian lot areas promote less intense development along lakes and provide additional surface area to minimize the rate and amount of stormwater runoff and pollutants that enter the public waters. The proposed lot sizes, 17,598 sf and 16,425 sf are deviations from the 20,000 sf ordinance requirements; however, they are consistent with other riparian lot areas adjacent to Reshanau Lake. Conditions may be imposed in the granting of a variance to protect adjacent properties and the public interest. A basin, side yard drainage way and vegetative buffer are required to minimize stormwater and pollutants from entering the public water. The existing house and new house are required to connect to municipal water and sanitary service upon availability. 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the comprehensive plan. The subject site is guided for low density residential development and the proposed two (2) lot residential development is consistent in regards to land use and density. 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 meeting the 20,000 sf lot area requirements. The parcel was originally platted in 1982 before the adoption of the 1995 Shoreland Management Overlay ordinance. The minimum lot area requirement at the time of platting was I acre; however, the lot area was not measured above the ordinary high water level(OHWL). The existing parcel is 34,023 sf as measured above the OHWL; therefore, creating two 20,000 sf lots is not possible. When the house was constructed in 1984, there was a conscientious effort to locate it so the lot could be subdivided in the future with the extension of municipal sanitary sewer. The property owner proposes to use the property in a reasonable manner. The subject site is guided for low density residential development and the proposed 2 lot residential subdivision is consistent in regards to land use and density. 2 �-� 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 subdivide an existing lot of record platted in 1982 prior to the City's 1995 adoption of the shoreland management ordinance. 5. The variance shall not alter the essential character of the locality and is consistent with development of adjacent properties. The variance will not alter the essential character of the locality. Riparian development adjacent to Reshanau Lake includes low density single family lots. Many of these smaller lots were platted between 1969 and 1991. 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. Single family detached dwellings are allowed as Permitted Uses in the R-IX, Single Family Executive Residential District. 7. The variance is not based on economic considerations alone. For all of the above reasons,factors other than solely economic factors,justify the grant of the requested variances. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the following lot area variances for Poehling Addition: • Lot 1: o A 2,402 sf variance to reduce the lot area from 20,000 sf to 17,598 sf. • Lot 2: o A 3,575 sf variance to reduce the lot area from 20,000 sf to 16,425 sf. Adopted by the Council of the City of Lino Lakes this 12'h day of November, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member R(A 4-e f1 and was duly seconded by Council Member and upon vote being taken thereon,the following voted in favor thereof: ,..� The following voted against same: 3 Jeff Reinert, M o ATTEST: J Bartell, Cit Cler n 4 � Document No. : 2294515.001 ABSTRACT 12/21/2020 11:31 AM Fees/Taxes In the Amount of: $46.00 Pamela J. LeBlanc Anoka Cty Property Records and Taxation Property Tax Administrator and Recorder/Registrar of Titles Deputy: jmwashbu C I T Y O F I N LA K ES CITY OF LINO LAKES CERTIFICATION RESOLUTION 19-144 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. 19-144, Approving a Lot Area Variance for Poehling Addition, approved by the Lino Lakes City Council on November 12, 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 November 13, 2019. City Clerk- 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 19-144 RESOLUTION APPROVING LOT AREA VARIANCES FOR POEHLING ADDITION WHEREAS, the City received a land use application for lot area variances for Poehling Addition; and WHEREAS, the legal description of the subject site is Lot, Block 1 Reshanau Shores, Lino Lakes, Anoka County, Minnesota; and WHEREAS, the property owners,Jerome and Mona Poehling, propose to subdivide the subject site into Lot 1 and Lot 2, Block 1,Poehling Addition for the purpose of constructing a single family home on Lot 2; and WHEREAS, the subject site was zoned Residential at the time of plat approval in 1982 and the applicable Zoning Ordinance 56 allowed for the development of single-family dwellings on one-acre lots; and WHEREAS, the property is currently zoned R-1 X, Single Family Executive Residential District; and WHEREAS,the City adopted Chapter 1102: Shoreland Management Overlay District in 1995 after approval of the 1982 plat; and WHEREAS, Section 1102.07(1)(a)requires a lot area of 20,000 sf for sewered lots abutting the lake as measured above the ordinary high water level (OHWL); and WHEREAS,the proposed lot areas of Lot 1 and Lot 2,Poehling Addition are less than 20,000 sf and variances are required ; and WHEREAS,the Planning&Zoning Board reviewed the lot area variance application on October 9, 2019 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 Per Section 1007.018(1)(a) Criteria and 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. 1 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. In this case, extension of utilities to serve the lots and eliminate on-site septic systems, while allowing the increased density to fund the utility extension,promotes the goal of preventing pollution of public waters. The required larger 20,000 sf riparian lot areas promote less intense development along lakes and provide additional surface area to minimize the rate and amount of stormwater runoff and pollutants that enter the public waters. The proposed lot sizes, 17,598 sf and 16,425 sf are deviations from the 20,000 sf ordinance requirements; however, they are consistent with other riparian lot areas adjacent to Reshanau Lake. Conditions may be imposed in the granting of a variance to protect adjacent properties and the public interest. A basin, side yard drainage way and vegetative buffer are required to minimize stormwater and pollutants from entering the public water. The existing house and new house are required to connect to municipal water and sanitary service upon availability. 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the comprehensive plan. The subject site is guided for low density residential development and the proposed two (2) lot residential development is consistent in regards to land use and density. 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 meeting the 20,000 sf lot area requirements. The parcel was originally platted in 1982 before the adoption of the 1995 Shoreland Management Overlay ordinance. The minimum lot area requirement at the time ofplatting was 1 acre; however, the lot area was not measured above the ordinary high water level (OHWL). The existing parcel is 34,023 sf as measured above the OHWL; therefore, creating two 20,000 sf lots is not possible. When the house was constructed in 1984, there was a conscientious effort to locate it so the lot could be subdivided in the future with the extension of municipal sanitary sewer. The property owner proposes to use the property in a reasonable manner. The subject site is guided for low density residential development and the proposed 2 lot residential subdivision is consistent in regards to land use and density. 2 a� 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 subdivide an existing lot of record platted in 1982 prior to the City's 1995 adoption of the shoreland management ordinance. 5. The variance shall not alter the essential character of the locality and is consistent with development of adjacent properties. The variance will not alter the essential character of the locality. Riparian development adjacent to Reshanau Lake includes low density single family lots. Many of these smaller lots were platted between 1969 and 1991. 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. Single family detached dwellings are allowed as Permitted Uses in the R-IX, Single Family Executive Residential District. 7. The variance is not based on economic considerations alone. For all of the above reasons,factors other than solely economic factors,justify the grant of the requested variances. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the following lot area variances for Poehling Addition: • Lot 1: o A 2,402 sf variance to reduce the lot area from 20,000 sf to 17,598 sf. • Lot 2: o A 3,575 sf variance to reduce the lot area from 20,000 sf to 16,425 sf. Adopted by the Council of the City of Lino Lakes this 12th day of November, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member RcA 4 e,--t k and was duly seconded by Council Member i � t k C,, and upon vote being taken thereon,the following voted in favor thereof- The following voted against same: \\ 3 Jeff Reinert, M o ATTEST: Jtdi �Bartell, Ci Cler 4