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HomeMy WebLinkAbout2020-003 Council Resolutionr\ CITY OF LINO LAKES RESOLUTION NO. 20-03 RESOLUTION APPROVING A VARIANCE FOR CURB CUT/DRIVEWAY WIDTH FOR 42 ROBINSON DRIVE WHEREAS, the City received a land use application for a variance for curb cut/driveway width for 42 Robinson Drive; and WHEREAS, the legal description of the property is Lot 6, Block 4, Century Farm North 6th 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, Lino Lakes City Code 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 26.5 feet wide at the street right-of-way; and WHEREAS, the Planning & Zoning Board reviewed the variance application on January 8, 2020 and recommended approval of a 26.5 foot curb cut width with a 4-1 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 off-street parking 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 26.5 foot curb cut/ driveway width is harmonious with the general purposes and intent of the ordinance. The additional 6 inches will not congest public right-of-way or impact public safety. 2. The variance shall be consistent with the comprehensive plan. Per the 2030 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 home builder's sub- contractor improperly installed a 26.5 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 allowed 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 26.5 foot wide curb cut/driveway width for 42 Robinson Drive. Adopted by the Council of the City of Lino Lakes this 27th day of January, 2020. 2 The motion for the adoption of the foregoing resolution was introduced by Council Member Lyden and was duly seconded by Council Member Stoesz and upon vote being taken thereon, the following voted in favor thereof: Lyden, Stoesz, Rafferty The following voted against same: none (Absent - ruhland) ATTEST: Ju i e Bartell, ty Cler 3 ,rer-:=;u7/27--' fferty, Mayor