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HomeMy WebLinkAbout2020-099 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 20-99 RESOLUTION APPROVING A VARIANCE FOR ROOFING MATERIALS FOR 7831 LAKE DRIVE WHEREAS, the City received a land use application for a variance for roofing materials for 7831 Lake Drive; and WHEREAS, the legal description of the property is as follows: AUDITORS SUB NO 100 THAT PT OF LOT 15 AUD SUB 100 DES AS FOL, COMAT A PT ON THE W LINE OF SD LOT 15 SD PT BEING 531 1/2 FT N OF THE SW COR OF SD LOT 15 SD SW COR ALSO BEING THE SW COR OF SE 1/4 OF NE 1/4 OF SEC 8-31-22, TH N ON SD W LINE A DIST OF 100 FTTH E 585 1/2 FT MORE OR LESS TO A PT ON THE WLY LINE OF TR HY 8SD PT BEING LOCATED A DIST OF 714.2 FT ALONG SD WLY LINE OF SD HY FROM THE S LINE OF SD LOT 15, TH SWLY ALONG SD WLY LINE OF TRHY A DIST OF 250 FT, TH NWLY AT RT ANGLES TO SD WLY LINE OF TR HWY A DIST OF 262 FT-TH W 235 FT TO PL OF COM-SUBJ TO EASE TO RCPA 12/12/68. EX RD S UBJ TO EASE OF REC; and WHEREAS, the property is zoned R-1, Single Family Residential and allows for single family dwellings; and WHEREAS, Section 1007.043(2)(a)3 states that single family dwellings shall have at least a four/twelve (4/12) roof pitch and shall be covered with shingles or tiles or a standing seam metal roof; and WHEREAS, the property owner purchased the metal roof with exposed fasteners prior to submitting a building permit application; and WHEREAS, the Planning & Zoning Board reviewed the variance application on September 9, 2020 and recommended approval with a 4-3 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. 1 • • • The general purpose and intent of the General Provisions section of the Zoning Ordinance is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. The variance to allow a metal roof with exposed fasteners is harmonious with the general purposes and intent of the ordinance. The metal roof with exposed fasteners is a compatible use, will not promote urban blight or decay and is not detrimental to the health, safety or general welfare of the residents of the community. 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the comprehensive plan. Per the Comprehensive Plan, the property is guided for Low Density Residential land use. A single family dwelling exists on the parcel which is consistent with the land use guidance. 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 construction of a metal roof with exposed fasteners on a single family dwelling is a reasonable use. A practical difficulty and economic burden would exist if the property owner were required to purchase new roofing materials. 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 created by the owner purchasing a metal roof with exposed fasteners prior to applying for a building permit. The property owner was not aware the metal roof with exposed fasteners was not permitted. 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. 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 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 single family detached homes with metal roofs are permitted. 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 metal roof with exposed fasteners on the single family dwelling at 7831 Lake Drive. Adopted by the Council of the City of Lino Lakes this 14th day of September, 2020. The motion for the adoption of the foregoing resolution was introduced by Councilmember Cavegn and was duly seconded by Councilmember Ruhland and upon vote being taken thereon, the following voted in favor thereof: Cavegn, Ruhland, Lyden The following voted against same: Stoesz, Rafferty ATTEST: ry Juli e Bartell, ity C er Rob Rafferty, Mayor