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HomeMy WebLinkAbout25-105 - Resolution - 1210 Main Street Accessory Structure VarianceCITY OF LINO LAKES RESOLUTION NO. 25-105 APPROVING 1210 MAIN STREET ACCESSORY STRUCTURE VARIANCE WHEREAS, the City received a land use application for 1210 Main Street accessory structure variance; and WHEREAS, City staff completed review of the proposed variance based on the following submittals: • Applicant Narrative • Boundary Survey prepared by Bro Land Surveying, LLC dated June 4, 2025 • Original Building Permit Application • Revised Building Permit Application; and WHEREAS, the legal description of the property addressed 1210 Main Street is as follows: THAT PRT OF NW1/4 OF NW1/4 OF SEC 10 TWP 31 RGE 22 DESC AS FOL, BEG AT NW COR OF SD 1/4 1/4, TH E ALG N LINE OF SD 1/4 1/4 224.5 FT, TH S PRLL/W W LINE OF SD 1/4 1/4 TO INTER/W N LINE OF S 273.98 FT 0 F SD 1/4 1/4, TH W PRLL/W SD N LINE TO W LINE OF SD 1/4 1/4, TH N ALG SD W LINE TO POB, EX W 16.5 FT OF N 416 FT THEREOF, EX RD, SUBJ TO EASE OF REC; and WHEREAS, on January 6, 2025, the applicant submitted a building permit application to the City to construct a 40ft x 64ft accessory building with metal panel siding with vertical orientation and exposed fasteners on the entire building.; and WHEREAS, City Code Section 1007.044(10): Rural, residential and special zoning district accessory buildings. The following establishes accessory buildings requirements allowed on a property according to lot size and zoning district. For the purposes of this section, lot size for metes and bounds properties shall include roadway easements. (e) Less than five acres. 5. Metal sheet or metal panel siding with vertical orientation is prohibited. Metal horizontal lap siding is allowed. 6. Exterior walls shall be similar in appearance to standard wood or masonry residential construction. The accessory building shall be covered with shingles, tiles, or a standing seam metal roof; and WHEREAS, the building permit application was not approved because metal panel siding with vertical orientation and exposed fasteners is prohibited on lots less than 5 acres; and WHEREAS, on May 19, 2025, the applicant submitted revised building plans to construct the same size accessory building with LP wood panel siding with vertical orientation and roof shingles; and WHEREAS, on May 29, 2025, the building permit application was approved; and WHEREAS, on June 6, 2025, the applicant submitted the land use application for a variance requesting the original proposed metal building be allowed; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the variance on July 9, 2025. NOW, THEREFORE BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that: FINDINGS 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 variance is in harmony with the general purposes and intent of Chapter 1007: Zoning Code. Per City Code Section 1007.000(2) Intent and purposed. This chapter is adopted for the purpose OP (a) Protecting the public health, safety, comfort, convenience and general welfare. (b) Dividing the City of Lino Lakes into zones and districts restricting and regulating therein the location and use of structures and land and lot size. 2. The variance shall be consistent with the official City Comprehensive Plan. The variance is consistent with the official City Comprehensive Plan. Per the 2040 Comprehensive Plan, the lot is guided Urban Reserve. Land is preserved for post-2040 urban development. Land use prior to 2040 is limited to agriculture related uses and single family residential limited to one unit per 10 acres. Accessory buildings are permitted uses. 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. There are practical difficulties in complying with this chapter. The property owner proposes to use the property in a reasonable manner. 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 circumstances unique to the property not created by the landowner. The lot size is 4.91 acres which is slightly less than the required 5 acres. 5. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. There are other metal accessory structures in the locality. 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. Accessory structures are allowed in R, Rural zoning districts. 7. In accordance with M.S. § 462.357, Subd. 6, variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. BE IT FURTHER RESOLVED the variance to allow for the construction of an accessory building with metal panel siding with vertical orientation and exposed fasteners on the entire building is approved with the following conditions: 1. Existing non -compliant accessory structures shall be removed prior to issuing a building permit. This includes but is not limited to the storage containers currently onsite. Adopted by the City Council of the City of Lino Lakes this day of V, "S� 2025. rn' Rob erty, Mayor ATTEST: Roberta Colotti, CMC, City Clerk