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Home My WebLink About2022-074 Council Resolution r� CITY OF LINO LAKES RESOLUTION NO. 22-74 RESOLUTION APPROVING A LOT COMBINATION VARIANCE FOR 6966 AND 6970 LAKE DRIVE WHEREAS, the property owners of 6966 and 6970 Lake Drive, Robert and Carol Stanek, submitted a Land Use Application for a variance from State and City zoning and shoreland management requirements to combine the two (2) contiguous nonconforming lots; and WHEREAS, the lot sizes and legal description of the two (2) lots are as follows: • 6966 Lake Drive, PID # 19-31-22-41-0006, 4.00 acres: Lot 6 Auditor's Subdivision No. 151, Anoka County • 6970 Lake Drive, PID #19-31-22-41-0005, 3.75 acres: Lot 5 Auditor's Subdivision No. 151, Anoka County; and WHEREAS, both lots are zoned R, Rural. Per City Code Section 1007.080(2)(a) and (b), the required minimum lot size is ten (10) gross acres and the minimum lot width is 330ft. Both lots are less than 10 acres and are approximately 200 ft wide. Both lots are substandard, unsewered, and non-conforming because they do not meet the minimum lot size or the lot width requirements. WHEREAS,the following City Ordinances and State Statutes support the combination of the two (2) lots; and • City Code Section 1007.041(1)Non-Conforming Uses and Structures • City Code Section 1007.042(1)(a) Lot of Record • City Code Chapter 1102: Shoreland Management o Section 1102.08(1)(c)Nonconformities • Minnesota State Statute 462.357 Subd.Ie.(f) and (g)Nonconformities • Minnesota Rule 6120.3300 Subp.2(D) WHEREAS, the property owners requested a variance from the lot combination requirement; and WHEREAS,the Planning & Zoning Board reviewed the variance application on July 13, 2022 and motioned to approve the variance with a 4-2 vote. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: 1 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 following are the general purposes and intent of the City ordinances: • City Code Section 1007.041 Non-Conforming Uses and Structures: (1) Purpose. It is the purpose of this section to provide for the regulation of non- conforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non-conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non-conforming uses shall be eventually brought into conformity. • City Code Section 1007.080 R, Rural District: (1) Purpose. This district is designed and intended to aid in guiding development toward fulfillment of the Comprehensive Plan and to serve the following functions: (b) To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. • Chapter 1102: Shoreland Management Overlay: (2) Policies. The uncontrolled use of shorelands of the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. The responsibility for the management of shoreland areas is hereby recognized by the city. The variance to waive the requirement to combine the two (2) nonconforming lots is in harmony with the general purposes and intent of the ordinances. 6966 Lake Drive is 4.00 acres and 6970 Lake Drive is 3.75 acres. Both lots are larger and more conforming in 2 size and width in comparison to other riparian lots along Lake Drive in the surrounding ,•� area. 2. The variance shall be consistent with the comprehensive plan. Per the 2040 Comprehensive Plan, Chapter 3, Land Use: Goal 7: Sustain Lino Lakes'natural resources which make it a desirable place to live. A policy is to protect and preserve the natural resources of the City. The variance is consistent with the comprehensive plan. 6966 Lake Drive is 4.00 acres and 6970 Lake Drive is 3.75 acres. Both lots are larger and more conforming in size and width in comparison to other riparian lots along Lake Drive in the surrounding area. Both lots are over 800 ft deep providing separation from the lake and development which will help protect the natural resource. A Shoreline Buffer Declaration shall be required that will further protect the natural resource. 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 practical difficulties in complying with the ordinance. The property owner proposes to use the property in a reasonable manner by selling the lot for the potential future development of a single family 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 are due to circumstances unique to the property not created by the landowner. Both lots are larger and more conforming in size and width in comparison to other riparian lots along Lake Drive in the surrounding area. 5. The variance shall not alter the essential character of the locality. The variance will not alter the essential character of the locality which are a single family homes on substandard, unsewered, nonconforming lots. 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, Rural and allows for the construction of a single family detached dwelling. 3 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 from the following City ordinances and the two (2) lots are not required to be combined: 1. City Code Section 1007.042 (1) Lot of Record: (a) Any substandard unsewered lot of record existing at the effective date of this Ordinance and held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of this Ordinance. 2. City Code Section 1102.08 Nonconformities: (1) Construction on nonconforming lots of record. (c) If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of§1102.07(1), the lot must not n be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of§ 1102.07 of this chapter as much as possible. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the variance with the following conditions: 1. A Shoreline Buffer Declaration shall be recorded against both lots, 6966 Lake Drive and 6970 Lake Drive. a. The buffer shall be established from the shoreline/wetland to 20ft upland from the Ordinary High Water Level (OHWL) 883.1 EL on both lots. b. The OHWL shall be located on both lots by a licensed land surveyor by November 1, 2022. 2. The illegal accessory structure located at 6966 Lake Drive shall be removed prior to the lot sale closing date. 3. Any farm animals located at 6966 Lake Drive shall be removed prior to the lot sale closing date. 4. The number of allowed farm animals located on 6970 Lake Drive shall comply with the requirements of the R, Rural zoning district. Adopted by the Council of the City of Lino Lakes this Bch day of August, 2022. 4 The motion for the adoption of the foregoing resolution was introduced by Council Member '.3fi®e s L and was duly seconded by Council Member Ly J r--,i and upon vote being taken thereon, the following voted in favor thereof: z., L-Vd'rev1,C:ct-vej ►, r-i-Y The following voted against same: Ncne Rob Rafferty, Mayor ATTEST: r Julianne artell, City C rk n 5