HomeMy WebLinkAbout2021-038 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO.21-38
RESOLUTION APPROVING A VARIANCE FOR A
SECOND DRIVEWAY AT 23 CENTURY TRAIL
WHEREAS, the property owner of 23 Century Trail, Derek Sadowski, submitted a Land
Use Application for a second curb cut/driveway access variance; and
WHEREAS, the legal description of the property is as follows:
Lot 3, Block 2, Century Farm North, Anoka County, MN; and
WHEREAS, the property is zoned PUD, Planned Unit Development and is a single-
family lot in a residential zoning district; and
WHEREAS, per City Zoning Ordinance Section 1007.044(3)(h)6: Curb Cut/Driveway
Access Location.
d. Asingle-family lot in a residential zoning district shall not have more
than one driveway accessing a public street.; and
WHEREAS, the property owner current has one driveway onto Century Trail and wishes
to construct a second driveway onto Pinto Lane; and
WHEREAS, the Planning &Zoning Board reviewed the variance application on April
14, 2021. A motion to deny the variance failed due to a lack of a second. Another motion
to approve the variance failed on a 24 vote with the Chair abstaining.
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 o�
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.
1
The variance to allow for a second curb cut/ driveway access is harmonious with the
general purposes and intent of the ordinance. Pinto Lane is a local road capable of
handling one (1) additional driveway. The driveway will not increase public right-of4ay
congestion, decrease safety or diminish the general welfare of the public.
2. The variance shall be consistent with the comprehensive plan.
Per the 2040 Comprehensive Plan, the property is guided for Low Density Residential
land use.
The variance request is consistent with the comprehensive plan. The applicant's
residential property is intended for a single family dwelling with a garage, accessory
structure and driveway.
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 with the
construction of a detached accessory structure and driveway.
4. The plight of the landowner shall be due to circumstances unique to the property not
created by the landowner.
The property is unique in that it is a double frontage lot with the front lot line along
Century Trail, a minor collector road, and the rear lot line along Pinto Lane, a local
road and cul de sac.
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 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 will not be 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 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 a variance request to allow for a second driveway onto Pinto Lane at 23
Century Trail with the following conditions:
1. An approved Zoning Permit for the driveway improvement is required;
2. Impervious surface coverage of the lot shall not exceed 40%;
3. All other regulations of Zoning Ordinance Section 1007.044 Off -Street Parking
shall be met.
Adopted by the Council of the City of Lino Lakes this 10�' day of May, 2021.
The motion for the adoption of the foregoing resolution was introduced by
Councilmember Lyden and was duly seconded by Councilmember Cavegn and upon
vote being taken thereon, the following voted in favor thereof:
Lyden, Cavegn, Ruhland
The following voted against same: Stoesz, Rafferty
Rob�Zafferty, Mayor
ATTEST:
u ianne Bartell, City lerk