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HomeMy WebLinkAbout2019-145 Council Resolution r CITY OF LINO LAKES RESOLUTION NO. 19-145 RESOLUTION APPROVING STREET SETBACK VARIANCES FOR POEHLING ADDITION WHEREAS,the City received a land use application for street setback variances for Poehling Addition; and WHEREAS, the legal description of the subject site is Lot 1, 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 existing house on Lot 1 was constructed in 1984 with a 22.2 foot front yard setback and the applicable 1983 Ordinance No. 02-83 required a 30 foot front yard setback so the house cannot be considered legal non-conforming; and WHEREAS, the new single family home to be constructed on Lot 2 proposes a 25 feet street setback; and WHEREAS, the properties are currently zoned R-1X, Single Family Executive Residential District and require a 30 foot street setback; and WHEREAS, two (2) street setback variances for Lot 1 and Lot 2, Block 1, Poehling Addition are required; and WHEREAS,the Planning & Zoning Board reviewed the 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. The general purpose and intent of the Shoreland Management Overlay ordinance is to 1 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. The required public street setback along West Shadow Lake Drive is 30 feet. Lot 1: The current street setback for the existing house is 22.2 feet. The house was constructed in 1984 and surveys were not required and setbacks may not have been verified. Lot 2: The proposed street setback for the future house is 25 feet. Reducing the front setback allows more separation from the building pad to the existing wetland and public water thus protecting the public water. There will also be less floodplain impact and impervious surface. 2. The variance shall be consistent with the comprehensive plan. The variance request for both Lot 1 and Lot 1 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. Lot 1: There are practical difficulties in meeting the 30 foot street setback. The property owner proposes to use the property in a reasonable manner with an existing single family house. The existing house was built in 1984 and there is no proposed change in use. There would be considerable economic burden to require the property owner to move the house in order to comply with the setback requirements. Lot 2: There are practical difficulties in meeting the 30 foot street setback due to existing floodplain and wetlands located on site. The property owner proposes to use the property in a reasonable manner by constructing a single family house. 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. Lot 1: The house was constructed in 1984 and surveys were not required and setbacks may not have been verified. 2 n Lot 2: Circumstances unique to the property include existing floodplain and wetlands on site. 5. The variance shall not alter the essential character of the locality and is consistent with development of adjacent properties. The variances on Lot 1 and Lot 2 will not alter the essential character of the locality. The character of the neighborhood and adjacent properties is low density residential development with single family homes. Lot I has an existing house that was constructed in 1984 with a 22.2 street setback. 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 street setback variances for Poehling Addition: • Lot 1: o A 7.8 foot variance to reduce the street setback from 30 feet to 22.2 feet. • Lot 2: o A 5.0 foot variance to reduce the street setback from 30 feet to 25 feet. 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 i�o,44-erilv and was duly seconded by Council Member �1 �1+tic y and upon vote being taken thereon, the following voted in favor thereof: IZ-t=j�)e-E- The following voted against same: r-� 3 Jeff-Reinert,Wy6ry ATTEST: i e Bartell, City Jerk h r 4 Document No. : 2294515.002 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 CITY .`y OF IINORVEC 1111111111 IN IN CITY OF LINO LAKES CERTIFICATION RESOLUTION 19-145 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. 19-145, Approving a Street Setback 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. ..t• t. fy t�(v_ City Clerk—, 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 19-145 RESOLUTION APPROVING STREET SETBACK VARIANCES FOR POEHLING ADDITION WHEREAS, the City received a land use application for street setback variances for Poehling Addition; and WHEREAS,the legal description of the subject site is Lot 1, 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 existing house on Lot 1 was constructed in 1984 with a 22.2 foot front yard setback and the applicable 1983 Ordinance No. 02-83 required a 30 foot front yard setback so the house cannot be considered legal non-conforming; and WHEREAS,the new single family home to be constructed on Lot 2 proposes a 25 feet street setback; and WHEREAS, the properties are currently zoned R-1X, Single Family Executive Residential District and require a 30 foot street setback; and WHEREAS,two (2) street setback variances for Lot 1 and Lot 2, Block 1, Poehling Addition are required; and WHEREAS,the Planning & Zoning Board reviewed the 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. The general purpose and intent of the Shoreland Management Overlay ordinance is to 1 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. The required public street setback along West Shadow Lake Drive is 30 feet. Lot 1: The current street setback for the existing house is 22.2 feet. The house was constructed in 1984 and surveys were not required and setbacks may not have been verified. Lot 2: The proposed street setback for the future house is 25 feet. Reducing the front setback allows more separation from the building pad to the existing wetland and public water thus protecting the public water. There will also be less floodplain impact and impervious surface. 2. The variance shall be consistent with the comprehensive plan. The variance request for both Lot I and Lot I 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. Lot 1: There are practical difficulties in meeting the 30 foot street setback The property owner proposes to use the property in a reasonable manner with an existing single family house. The existing house was built in 1984 and there is no proposed change in use. There would be considerable economic burden to require the property owner to move the house in order to comply with the setback requirements. Lot 2: There are practical difficulties in meeting the 30 foot street setback due to existing floodplain and wetlands located on site. The property owner proposes to use the property in a reasonable manner by constructing a single family house. 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. Lot 1: The house was constructed in 1984 and surveys were not required and setbacks may not have been verified. 2 Lot 2: Circumstances unique to the property include existing jloodplain and wetlands on site. 5. The variance shall not alter the essential character of the locality and is consistent with development of adjacent properties. The variances on Lot 1 and Lot 2 will not alter the essential character of the locality. The character of the neighborhood and adjacent properties is low density residential development with single family homes. Lot I has an existing house that was constructed in 1984 with a 22.2 street setback. 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-1X, 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 street setback variances for Poehling Addition: • Lot 1: o A 7.8 foot variance to reduce the street setback from 30 feet to 22.2 feet. • Lot 2: o A 5.0 foot variance to reduce the street setback from 30 feet to 25 feet. Adopted by the Council of the City of Lino Lakes this 12ffi day of November,2019. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member to et fi iii ,4 and upon vote being taken thereon,the following voted in favor thereof: L / R The following voted against same: 3 j \ Jeff Reinert,, y r ATTEST: --Ai e Bartell, City Clerk 4