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