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HomeMy WebLinkAbout2020-131 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 20-131 RESOLUTION DENYING A SETBACK VARIANCE FOR A DECK AT 842 LOIS LANE WHEREAS, the City received a land use application for a setback variance for a deck at 842 Lois Lane; and WHEREAS, the legal description of the property is as follows: Lot 6, Block 2, Lake View Woodlands, Anoka County, MN; and WHEREAS, the property is zoned R-X, Rural Executive and allows for single family dwellings and decks; and WHEREAS, decks are considered accessory structures and subject to accessory building setback requirements; and WHEREAS, per Zoning Ordinance Section 1007.080(2)(c) Setbacks, the required side yard setback for an accessory building (i.e. deck) is five (5) feet; and WHEREAS, per Zoning Ordinance Section 1007.042(5)(b)1.c.ii, decks shall not extend to a distance less than five (5) feet from any side or rear lot line; and WHEREAS, the property owner wishes to reconstruct an existing illegal non- conforming deck and is requesting a variance setback of 2.7 ft; and WHEREAS, the Planning & Zoning Board reviewed the variance application on October 14, 2020 and recommended denial with a 5-0 vote with 2 abstentions. 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 R-X, Rural Executive District is to provide areas for high value, rural residences. 1 The general purpose and intent of the General Provisions section of the zoning ordinance is 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 side yard variance request for a deck is not in harmony with the general purposes and intent of the ordinances. 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 and decks. 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. There are no practical difficulties in complying with the ordinance. The applicant has ample space to construct a 16' x 24' deck in the rear yard with access along the side yard that meets the 5 ft setback requirements. 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 previous and current property owner not obtaining building permits for the original deck construction and 1990 remodel. There are no circumstances unique to the property that prevents compliance with side yard setback requirement. 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 and decks. 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-X, Rural Executive and houses and decks are consistent with rural 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. 2 Not applicable. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby denies a variance request of 2.7 foot to reduce the side yard setback from 5 feet to 2.3 feet. Adopted by the Council of the City of Lino Lakes this 11th day of January, 2021. The motion for the adoption of the foregoing resolution was introduced by Council Member Stoesz and was duly seconded by Council Member Ruhland and upon vote being taken thereon, the following voted in favor thereof: Stoesz, Ruhland,Cavegn, Rafferty The following voted against same: Lyden ATTEST: e Bartell, Cit, Clerk 3 fferty, Mayor