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.
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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
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,rer-:=;u7/27--'
fferty, Mayor