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l Xcel Energy Variance, page 3
Council Member b 6 yined I introduced the following resolution and moved its
is adoption:
CITY OF LINO LAKES
RESOLUTION NO. 09-52
APPROVING VARIANCES TO THE REQUIREMENTS FOR LOT AREA, LOT WIDTH,
AND ROAD FRONTAGE FOR XCEL ENERGY.
WHEREAS, a request has been submitted to the City for the approval of a minor
subdivision which requires variances for lot area, lot width, and road frontage, and
WHEREAS, review and approvals of variances are governed by state statutes and City
ordinances, and
WHEREAS, the site is legally described as:
A strip of land Fifty (50) feet in width running over and across the Northeast Quarter of
the Northwest Quarter (NE % of NW %), Section Twenty-five (25), Township Thirty-one
• (31) North, Range Twenty-two (22) West; said strip of land being Twenty-five (25) feet in
width on each side of a center line which crosses above described tract and is described
as follows, to wit: Commencing at a stake on the North line of said Section, One
Thousand Five Hundred Ninety-two and Seven-tenths (1592.7) feet East of the
Northwest corner thereof, running thence South Fifty-two degrees and Twenty-seven
minutes West (S 52° 27'W) One Thousand Nine Hundred Eighty-seven and Three-
tenths (1987.3) feet to a stake on the West line of said Section, One Thousand Two
Hundred and Six (1206) feet South of the Northwest corner thereof.
,and
WHEREAS, the Lino Lakes City Council makes the following findings:
a. That the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls.
These parcels are completely surrounded by adjoining private property;
and would not be able to be developed as usable parcels due to the
sizes or lack of road frontage.
b. That the plight of the landowners is due to physical circumstances unique to
his property not created by the landowner.
The physical shape, location and isolated nature of the parcels prevent
most private uses.
Xcel Energy Variance, page 4
C. That the hardship is not due to economic considerations alone if reasonable
use for the property exists under the terms of the ordinance.
Economic considerations are not a major factor in this proposal, the
intent is to minimize the applicant's holdings and center an easement
directly over the existing transmission lines.
d. That granting the variance requested will not confer on the applicant any
special privilege that would be denied by this ordinance to other lands,
structures, or buildings in the same district.
There are very few other situations that can be compared to this one.
Land locked parcels owned and operated almost exclusively for utility
purposes would receive the same consideration.
e. That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
Combining these properties with the adjacent landowner's parcels will
in no way violate the spirit and intent of the zoning ordinance.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes
hereby approves the variances for lot area, lot width and road frontage.
BE IT FURTHER RESOLVED, that the variances are subject to the following
conditions:
1. The properties must be divided through the minor subdivision process.
2. When ownership of these properties changes hands the new owner(s) are
required to combine them with adjacent parcels to avoid creating a new parcel.
Joh . Ber!fescK, Mayor
ATT T:
Ju i B rtell, City C rk
Adopted by the Lino Lakes City Council this 27th day of July, 2009.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Rem ert and upon vote being taken thereon, the following voted in favor
thereof:
O'Donnell, Rei nerLI Cattq, SfDlt2 , -T3erQ-esUYn
The following voted against same:
Nohe.
isWhereupon said resolution was declared duly passed and adopted.
it
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AGENDA ITEM 6.A.
46
STAFF ORIGINATOR: Paul Bengtson
C.C. MEETING DATE: July 27, 2009
TOPIC: Resolution No. 09-52 —Approving a variance to the
Lot Area, Lot Width, and Road Frontage requirements
for Xcel Energy
BACKGROUND
Xcel Energy has requested approval of variances for required road frontage, minimum
lot area, minimum lot depth, and minimum lot width to allow the division of the subject
sites by a future administrative minor subdivision. The city granted similar variances for
St. Paul Regional Water Service parcels in 2004 and 2006. The intention of the
application is to allow the parcels to be divided in the future (via minor subdivision) and
sold to adjacent property owners for combination into existing parcels.
The existing transmission lines do not follow the property that is owned by Xcel exactly,
and therefore the company is returning the land to the adjacent property owners and is
receiving an updated easement in lieu.
ANALYSIS
Comprehensive Plan, Land Use and Zoning:The table below identifies the existing
land use and zoning as well as guided land uses for the area.
Location Existing Land Use Guided Land Use Existing
Zoning
Subject Vacant Low Density Sewered Residential R Rural
North Single Family Low Density Unsewered Residential R Rural
South Single Family & Medium Density Sewered R (Rural))
Agriculture Residential & Low Density
Unsewered Residential
East Single Family & Medium Density Sewered R (Rural)
A ricultural Residential
West Single Family Low Density Unsewered Residential R Rural
Lot Requirements:
The minimum requirements within the Rural zoning district include a 10 acre lot
minimum and 330 foot wide lots. In addition, the subdivision ordinance requires that `all
lots shall have frontage on an improved public street that provides the required lot width
at the minimum front yard setback'.
The proposed division will not meet any of these requirements, but the new lots will be
merged with existing lots and therefore will only exist on paper and for a short period of
time.
Xcel Energy Variance, page 2
FINDINGS
` In considering all requests for Variance or appeal and in taking subsequent action, the
City shall make a finding of fact:
a. That the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls.
These parcels are completely surrounded by adjoining private property; and
would not be able to be developed as usable parcels due to the sizes or lack
of road frontage.
b. That the plight of the landowners is due to physical circumstances unique to
his property not created by the landowner.
The physical shape, location and isolated nature of the parcels prevent most
private uses.
C. That the hardship is not due to economic considerations alone if reasonable
use for the property exists under the terms of the ordinance.
Economic considerations are not a major factor in this proposal, the intent is
to minimize the applicant's holdings and center an easement directly over the
existing transmission lines.
d. That granting the variance requested will not confer on the applicant any
special privilege that would be denied by this ordinance to other lands,
structures, or buildings in the same district.
There are very few other situations that can be compared to this one. Land
locked parcels owned and operated almost exclusively for utility purposes
would receive the same consideration.
e. That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
Combining these properties with the adjacent landowner's parcels will in no
way violate the spirit and intent of the zoning ordinance.
PLANNING AND ZONING BOARD
On July 8, the Planning and Zoning Board unanimously recommended approval of this
request.
RECOMMENDATION
Staff recommends approval of the request subject to the following conditions:
1. The properties must be divided through the minor subdivision process.
4o 2. When ownership of these properties changes hands the new owner(s) are
required to combine them with adjacent parcels to avoid creating a new parcel.
Record ID 2230505
C [ T OF
1E
_ F
CITY OF LINO LAKES
CERTIFICATION
RESOLUTION NO. 09-52
STATE OF MINNESOTA) 20G9191 . 004
COUNTY OF ANOKA) SS
CITY OF LINO LAKES)
I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State
• of Minnesota, certify that I have examined the attached copy of Resolution No. 09-52, approving
variances to the requirements for the lot area, lot width and road frontage for Xcel Energy,
approved by the City Council on July 27, 2009, and have carefully compared the same with the
original on file in this office, and that the attached copy is a true, correct and complete copy of
the original.
IN WITNESS WHEREOF,I have signed and affixed the
city seal on July 28,2009.
City rk.
•
600 Town Center Parkway,Lino Lakes,MN 55014
Phone: 651-982-2400 Fax: 651-982-2499
Y lb agora icy _ R.tcc�d..w re, Su l y ZS iocj l
Xcel Energy Variance,page 3
Council Member b 6 l introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 09-52
APPROVING VARIANCES TO THE REQUIREMENTS FOR LOT AREA, LOT WIDTH,
AND ROAD FRONTAGE FOR XCEL ENERGY.
WHEREAS, a request has been submitted to the City for the approval of a minor
subdivision which requires variances for lot area, lot width, and road frontage, and
WHEREAS, review and approvals of variances are govemed by state statutes and City
ordinances, and
WHEREAS, the site is legally described as:
A strip of land Fifty (50)feet in width running over and across the Northeast Quarter of
• the Northwest Quarter (NE '/of NW Y4), Section Twenty-five (25), Township Thirty-one
(31) North, Range Twenty-two (22)West; said strip of land being Twenty-five (25) feet in
width on each side of a center line which crosses above described tract and is described
as follows, to wit: Commencing at a stake on the North line of said Section, One
Thousand Five Hundred Ninety-two and Seven-tenths (1592.7)feet East of the
Northwest comer thereof, running thence South Fifty-two degrees and Twenty-seven
minutes West (S 52° 27'W) One Thousand Nine Hundred Eighty-seven and Three-
tenths (1987.3)feet to a stake on the West line of said Section, One Thousand Two
Hundred and Six (1206) feet South of the Northwest comer thereof.
,and
WHEREAS, the Lino Lakes City Council makes the following findings:
a. That the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls.
These parcels are completely surrounded by adjoining private property;
and would not be able to be developed as usable parcels due to the
sizes or lack of road frontage.
b. That the plight of the landowners is due to physical circumstances unique to
his property not created by the landowner.
• The physical shape, location and isolated nature of the parcels prevent
most private uses.
Xcel Energy Variance, page 4
C. That the hardship is not due to economic considerations alone if reasonable •
use for the property exists under the terms of the ordinance.
Economic considerations are not a major factor in this proposal, the
intent is to minimize the applicant's holdings and center an easement
directly over the existing transmission lines.
d. That granting the variance requested will not confer on the applicant any
special privilege that would be denied by this ordinance to other lands,
structures, or buildings in the same district.
There are very few other situations that can be compared to this one.
Land locked parcels owned and operated almost exclusively for utility
purposes would receive the same consideration.
e. That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
Combining these properties with the adjacent landowner's parcels will
in no way violate the spirit and intent of the zoning ordinance.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes
hereby approves the variances for lot area, lot width and road frontage.
BE IT FURTHER RESOLVED, that the variances are subject to the following •
conditions:
1. The properties must be divided through the minor subdivision process.
2. When ownership of these properties changes hands the new owner(s) are
required to combine them with adjacent parcels to avoid creating a new parcel.
Johr4. BerlfesdK, Mayor
ATT T:
Ju i B rtell, City C Yk
Adopted by the Lino Lakes City Council this 27th day of July, 2009.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Rel Aert and upon vote being taken thereon, the following voted in favor
thereof:
O'Donnell, Rei ner--, CwttL&P, %bItz, $ervOV)
The following voted against same:
None, •
Whereupon said resolution was declared duly passed and adopted.
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and federal offices, and is to be used for reference purposes only.
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Document No.: 2009191.004 ABSTRACT
I Hereby certify that the within instrument was filed in this
office for record on: 07/30/2009 1:17:00 PM
Fees/Taxes In the Amount of: $46.00
MAUREEN J. DEVINE
Anoka County Property Tax
Administrator/Recorder'Registrar of Titles
MDT, Deputy
Record ID: 2230505
•
-- Record ID 2230505
C1T OF
CITY OF LINO LAKES
CERTIFICATION
RESOLUTION NO. 09-52
STATE OF MINNESOTA) 2009191 . 004
COUNTY OF ANOKA) SS
CITY OF LINO LAKES)
I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State
of Minnesota, certify that I have examined the attached copy of Resolution No. 09-52, approving
variances to the requirements for the lot area, lot width and road frontage for Xcel Energy,
approved by the City Council on July 27, 2009, and have carefully compared the same with the
original on file in this office, and that the attached copy is a true, correct and complete copy of
the original.
IN WITNESS WHEREOF, I have signed and affixed the
city seal on July 28,2009.
City-C rk
600 Town Center Parkway, Lino Lakes,MN 55014
Phone: 651-982-2400 Fax: 651-982-2499
Xcel Energy Variance,page 3
Council Member b 6 1 introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 09-52
APPROVING VARIANCES TO THE REQUIREMENTS FOR LOT AREA, LOT WIDTH,
AND ROAD FRONTAGE FOR XCEL ENERGY.
WHEREAS, a request has been submitted to the City for the approval of a minor
subdivision which requires variances for lot area, lot width, and road frontage, and
WHEREAS, review and approvals of variances are governed by state statutes and City
ordinances, and
WHEREAS, the site is legally described as:
A strip of land Fifty (50) feet in width running over and across the Northeast Quarter of
the Northwest Quarter (NE %of NW Y4), Section Twenty-five (25), Township Thirty-one
(31) North, Range Twenty-two (22)West; said strip of land being Twenty-five (25) feet in
width on each side of a center line which crosses above described tract and is described
as follows, to wit: Commencing at a stake on the North line of said Section, One
Thousand Five Hundred Ninety-two and Seven-tenths (1592.7) feet East of the
Northwest corner thereof, running thence South Fifty-two degrees and Twenty-seven
minutes West (S 52° 27'W) One Thousand Nine Hundred Eighty-seven and Three-
tenths (1987.3)feet to a stake on the West line of said Section, One Thousand Two
Hundred and Six (1206) feet South of the Northwest comer thereof.
,and
WHEREAS, the Lino Lakes City Council makes the following findings:
a. That the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls.
These parcels are completely surrounded by adjoining private property;
and would not be able to be developed as usable parcels due to the
sizes or lack of road frontage.
b. That the plight of the landowners is due to physical circumstances unique to
his property not created by the landowner.
The physical shape, location and isolated nature of the parcels prevent
most private uses.
t
Xcel Energy Variance, page 4
C. That the hardship is not due to economic considerations alone if reasonable
use for the property exists under the terms of the ordinance.
Economic considerations are not a major factor in this proposal, the
intent is to minimize the applicant's holdings and center an easement
directly over the existing transmission lines.
d. That granting the variance requested will not confer on the applicant any
special privilege that would be denied by this ordinance to other lands,
structures, or buildings in the same district.
There are very few other situations that can be compared to this one.
Land locked parcels owned and operated almost exclusively for utility
purposes would receive the same consideration.
e. That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
Combining these properties with the adjacent landowner's parcels will
in no way violate the spirit and intent of the zoning ordinance.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes
hereby approves the variances for lot area, lot width and road frontage.
BE IT FURTHER RESOLVED, that the variances are subject to the following
conditions:
1. The properties must be divided through the minor subdivision process.
2. When ownership of these properties changes hands the new owner(s) are
required to combine them with adjacent parcels to avoid creating a new parcel.
Joh . Ber es , Mayor
ATT T:
Ju i B rtell, City C rk
Adopted by the Lino Lakes City Council this 27th day of July, 2009.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Rei n ert and upon vote being taken thereon, the following voted in favor
thereof:
O'Donnetl, Rea nerd, C->cLtlj&p, Shatz , -E erceesvyn
The following voted against same:
Nohe,
Whereupon said resolution was declared duly passed and adopted.
DataViewOnline Map Page 1 of 1
Xcel Variance
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Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be
used as one. This map is a compilation of records, information and data from city, county, state
and federal offices, and is to be used for reference purposes only.
i
https://portal.sehinc.com/sehsvc/htnl/dvo/mapLayoutht3n n 6/29/2009
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Document No.: 2009191.004 ABSTRACT
I hereby certify that the within instrument Naas filed in this
office for record on: 07/30/2009 1:17:00 PM
Fees/Taxes In the Amount of: $46.00
MAUREEN J. DEVINE
Anoka County Property Tax
Administrator/Recorder-Registrar of Titles
MDT, Deputy
Record ID: 2230505
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