HomeMy WebLinkAboutResolution 24-156CITY OF LINO LAKES
RESOLUTION NO. 24-156
RESOLUTION APPROVING SPARGUR ESTATES VARIANCES
WHEREAS, the City received a land use application for variances for Spargur Estates also
referred to as Development; and
WHEREAS, City staff completed review of the proposed Development based on the
following submittals:
• Plan Set prepared by Plowe Engineering, Inc. and E.G. Rud & Sons, Inc. revision date
October 15, 2024
• Drainage Report prepared by Plowe Engineering, Inc. revision date October 15, 2024
• Title Commitment prepared by Old Republic National Title Insurance Company dated
August 23, 2024
• Geotechnical Exploration Report prepared by Haugo Geotechnical Services dated
October 2, 2024; and
WHEREAS, the legal description of the lots will be Lots 1-3, Block 1, Spargur Estates
upon filing of the final plat; and
WHEREAS, the lots are zoned R-1, Single Family Residential District; and
WHEREAS, City Code Section 1007.110(2)(c) requires a minimum lot depth 135 feet; and
WHEREAS, the applicant has requested a three (3) foot variance from the lot depth
requirements; and
WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the
variances on November 13, 2024.
NOW, THEREFORE BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that:
INDINGS OF FACT
Per City Code Section 1007.018(3):
(a) Criteria and findings of fact. No variance shall be granted unless it meets all the criteria in
divisions 1. through 6. below, or unless division 7. below applies. The city shall make findings
regarding compliance with these criteria.
1. The variance shall be in harmony with the general purposes and intent of this chapter.
The general purpose and intent of the R-1, Single Family Residential District is to provide a
residential atmosphere for those persons desiring a single family neighborhood with a suburban
density. The district is intended for development of single family detached homes on lots served
with public sanitary sewer and water.
The three (3) lot residential subdivision proposed for Spargur Estates meets the general purpose
and intent of providing single family housing. All three (3) lots will be served by public water
and sanitary sewer. The Development will not be detrimental to the public health, safety or
general welfare of the neighborhood.
2. The variance shall be consistent with the official City Comprehensive Plan.
The variance is consistent with the City Comprehensive Plan.
3. There shall be practical difficulties in complying with this chapter. "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 this chapter.
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 subdivision of an existing parcel and creation of three (3) residential lots are reasonable
uses of the property. The practical difficulty in complying with the lot depth requirements of the
zoning ordinance would only allow for the creation of two (2) lots. This would not be consistent
with the intent of the Mar Don Acres plat or the previously approved Hailey Manor and Isabell
Estates subdivisions.
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 created by the requirement to dedicate 30 feet of road right-cf-
way on Arlo Lane which reduces the lot depths to 132 feet. The need for the variances was not
created by the landowner.
5. The variance shall not alter the essential character of the locality.
The variance shall not alter the essential character of the locality. The proposal to create three
(3) single family residential lots for the purpose of constructing two (2) new single family
detached dwellings is compatible with the surrounding existing single family detached
dwellings. Similar variances were approved for the two adjacent subdivisions, Hailey Manor and
Golden Acre.
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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.
Single family detached dwellings are permitted uses in the R-1, Single Family Residential District.
7. In accordance with M.S. § 462.357, Subd
sheltered construction as defined in M.S
the zoning ordinance.
Not applicable.
6, variances shall be granted for earth
§ 216C.06, Subd. 14, when in harmony with
BE IT FURTHER RESOLVED the following Spargur Estates variances are approved:
• Lots 1-3, Block 1, Spargur Estates
o A three (3) foot variance to reduce the required lot depths from 135 feet to 132
feet.
Adopted by the City Council of the City of Lino Lakes this day of QecPn.,)0ee
2024.
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Roberta Colotti, CMC, City Clerk
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Ro Raf rty, Mayor