HomeMy WebLinkAbout2020-091 Council Resolution•
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CITY OF LINO LAKES
RESOLUTION NO. 20-91
RESOLUTION APPROVING VARIANCES FOR
BUILDING SETBACKS AND FENCE HEIGHT FOR
6508 WEST SHADOW LAKE DRIVE
WHEREAS, the City received a land use application for variances for building setbacks
and fence height for 6508 West Shadow Lake Drive ; and
WHEREAS, the legal description of the property is as follows:
THE S 163 FT OF W 133 FT OF THAT PRT OF GOVT LOT 4 OF SEC
29-31-22 LYG NLY OF C/L OF CSAH NO 10 (AKA BIRCH ST) & LYG
ELY OF C/L OF 7TH AVE S; EX RDS; SUBJ TO EASE OF REC; and
WHEREAS, the property is zoned R-1, Single Family Residential for an urban
residential subdivision and allows for single family homes, garages, decks and fences in
residential zoning districts; and
WHEREAS, Anoka County is reconstructing a section of CSAH 34 (Birch Street) and
the improvements include a roundabout at the intersection of CSAH 34 (Birch Street) and
West Shadow Lake Drive; and
WHEREAS, road right-of-way acquisition is necessary which will result in building
setbacks for 6508 West Shadow Lake Drive along CSAH 34 (Birch Street) and West
Shadow Lake Drive being reduced to less than required by City Zoning Ordinance
Section 1007.090; and
WHEREAS, the property owners also requested a berm and 6 ft privacy fence be
installed in the front yard on the southwest section of the property for additional
screening; and
WHEREAS, City Zoning Ordinance Section 1007.043(18)(f)-Fences and Walls does not
allow for a fence greater than 4 feet in height in the front yard; and
WHEREAS, the Planning & Zoning Board reviewed the variance application on August
12, 2020 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
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.
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1. The variance shall be in harmony with the general purposes and intent of the
ordinance.
The general purpose and intent of the ordinance is to provide a residential atmosphere
for the person desiring a single family neighborhood with a suburban density. Building
setbacks provide separation between structures and transportation corridors.
The variance to allow for varying building setbacks and 6 foot high fence with berm is
harmonious with the general purposes and intent of the ordinance.
2. The variance shall be consistent with the comprehensive plan.
Per the 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, driveways and
fences.
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 continue to use the property as a single family house in a
reasonable manner. There are practical difficulties in either redesigning the CSAH 34
(Birch Street) and West Shadow Lake Drive roundabout or relocating the 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 the Anoka County's and the City's interest to
improve the CSAH 34 (Birch Street) transportation corridor. The roundabout design at
the intersection has been modified to minimize property impacts to the greatest extent
possible. The circumstances are not created by the property owner.
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, decks, driveways and fences.
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.
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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 and
houses, garages, decks, driveways and fences are consistent 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 the following variances for 6508 West Shadow Lake Drive:
• An 11.7 foot variance to reduce the building setback from the southwest corner of
the house to CSAH 34 (Birch Street) from 40 feet to 28.3 feet
• An 11 foot variance to reduce the building setback from the southwest corner of
the deck to CSAH 34 (Birch Street) from 40 feet to 29 feet
• A 6 foot variance to reduce the building setback from the south perimeter of the
deck to CSAH 34 (Birch Street) from 40 feet to 34 feet
• A 2 foot variance to increase the height of a fence in the front yard from 4 feet to
6 feet as shown on the attached Boundary Survey
Adopted by the Council of the City of Lino Lakes this 24t" day of August, 2020.
The motion for the adoption of the foregoing resolution was introduced by Council
Member S-h,esz_ and was duly seconded by Council Member
Rutin t a vt d and upon vote being taken thereon, the following voted in favor
thereof:
S4-1) es zLOLA
The following voted against same:
ATTEST:
Ju i e Bartell, C. y Cler