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Home My WebLink About2008-134 Council Resolution• • Council Member ReI Inert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-134 RESOLUTION APPROVING A VARIANCE FROM THE SHORELAND ORDINANCE 150 FOOT SETBACK FROM THE ORDINARY HIGH WATER LINE OF PELTIER LAKE FOR 1801 77TH STREET. WHEREAS, the City has received an application for a Variance requesting that a home /garage addition be constructed 119 feet from the Ordinary High Water Line of Peltier Lake at 1801 77th Street which is legally described as: Lot 5 Auditor's Subdivision Number 55 Revised, Anoka County, Minnesota ; and WHEREAS, the City's Shoreland Ordinance, in Chapter 1102.07 Subdivision 2, requires that a 150 -foot setback from the Ordinary High Water Level of any Natural Environment Lake (Peltier Lake) be provided for all unsewered structures, and WHEREAS, placement of the proposed addition would extend 21 feet into the required Ordinary High Water Line setback, and WHEREAS, the City Council finds that the proposed variance is being requested in order to satisfy the requirement of the Zoning Ordinance that all Rural properties developed with a single family home include a double garage, and attachment of a garage is both a reasonable objective and would keep with the character of the neighborhood since all dwellings within a thousand feet of the subject dwelling include an attached garage. WHEREAS, the City Council finds that the property is unique in the fact that the home was built well over a century prior to the adoption of Ordinary High Water Level setbacks. WHEREAS, the City Council finds that the essential character of the surrounding area will not be altered by this variance as it does not decrease but rather maintains the existing structure's setback from the Ordinary High Water Line, the setback is still roughly 80% of what is required, the setback remains consistent with the surrounding homes. NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the proposed Variance subject to the following conditions: 1. Prior to certificate of occupancy for the addition, the property owner must submit proof that the accessory buildings on site have been reduced to a maximum total of 4,200 square feet in area. 2. This variance is for the attached accessory structure only, and does not include any approval of a porch over the attached deck. Joh'J. Be ': eson, Mayor ATTEST: Julie Bartell, City CI Adopted by the Lino Lakes City Council this 8th day of December, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council MemberO' Donnelland upon vote being taken thereon, the following voted in favor thereof: Reinert, O'Donnell, Stoltz, Gallup, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • • • AGENDA ITEM 6.B. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: December 8, 2008 TOPIC: Resolution No. 08 -134 Variance to the Shoreland Ordinance Ordinary High Water Setback 1801 77th Street BACKGROUND Ron Marier has requested approval of a Variance from the Ordinary High Water Level (150 feet) of Peltier Lake to allow a garage /home addition to replace the storm damaged attached garage. The structure was removed by the applicant, and upon applying for a building permit for the reconstruction, staff informed the applicant that the decrease in the setback from the lake caused by slightly reconfiguring the structure would not be allowed under the strict enforcement of the Shoreland Ordinance. He was issued a building permit for a portion of the structure that would be within the original garage's footprint so that he could close the structure to the elements, and also received a permit to rebuild the deck structure. The property is located on the eastern shore of Peltier Lake just north of the intersection of Peltier Lake Drive and 77th Street. The Planning and Zoning Board requested revised drawings, which limits the setback encroachment to being no greater than the previous garage structure, however since the proposed addition does not follow the exact footprint of the old structure, a variance is still required. 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 Site Residential Low Density Sewered Residential Rural North Residential Low Density Sewered Residential Rural South Residential Low Density Unsewered Residential Rural East Residential Low Density Sewered Residential Rural West Peltier Lake Peltier Lake Peltier Lake Accessory structures: The property is allowed a total of 4,200 square feet of accessory structures, based on the acreage of the site. The existing structures on the site include a 2,240 square foot barn and a 1,920 square foot machine shed, for a total of 4,160 square feet. The proposed addition is roughly 1,200 square feet. This would mean the site would exceed the maximum by 1,160 square feet. Staff recommends that if this addition is approved, this area be removed from one of the existing structures prior to a certificate of occupancy for the garage addition. Setbacks: The Zoning Ordinance requires a five foot setback from side property lines for attached accessory structures. The proposal clearly exceeds this requirement. The Shoreland Ordinance requires a 150 foot setback from the Ordinary High Water Level of Peltier Lake. There is much of the site that would meet this setback, but in order to attach the structure it would almost certainly need to encroach into the 150 foot setback. The applicant has submitted revised plans that do not increase the setback encroachment towards the lake, but still increases the amount of structure that encroaches within the setback area. Findings: City staff recommended denial of this request because the findings of fact required by the zoning ordinance did not support the request. The City Council, at the December 1, 2008 work session, discussed the request and offered up some alternative findings in support of the variance. Those findings were inserted into Resolution No. 08 -134, along with the conditions of approval staff previously recommended. PLANNING AND ZONING BOARD On October 8th the Planning and Zoning Board first heard the Variance request and after much deliberation, advised the applicant to submit revised plans. At the November 12th meeting, the Planning and Zoning Board voted 4 -0 to recommend approval of the variance request based on the revised plans. ATTACHMENTS 1. Resolution No. 08 -134 2. Marier Application Letter submitted September 12, 2008 3. Marier Application Letter submitted October 13, 2008. 4. Marier Site Plan submitted October 24, 2008 (two pages). Paul Bengtson Associate Planner 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Dear Paul and .Committee, Narrative Information for Variance on 1801 77th Street East - Marier Property Please grant a variance for the following reasons: 1. Enlarged the entrance to. correct illegal . stair case. to the basement level. 2. Correct entering the home into a closet with 3 levels to navigate in a confined area. Wheelchair and- limited mobility access improved with change. '3.. New entrance provides wheelchair and handicap access with a staging area 4. Increase depth of garage to provide a straight stair case access on west wall to living area from garage. Will provide a means to install handicap lift system from garage to living area and provide room to navigate from the vehicle to stair case into the living area. 5. Raise garage height by 8 inches to improve drainage away from structure and improve access from garage area. 6. Add covered front entrance to correct water entering into well pit and root cellar. 7. Add 2 car garage to handicap entrance in order to use vehicle side lift system. .8. Add covered 3 season porch to exiting deck in order to cover walkout icing problem and provide sheltered sitting area History: Original 1856 Marier homestead fama house site with existing structure and proposed addition/remodel with greater set back from lake then original homestead <Jeweling. Home has provided care for Paternal and Maternal Parents, Grandparents and great Grandparents. Improvements will allow the use of new medical equipment to continue this tradition. Provisions are in place to ensure that the 4t&5t generation Marier males will be able to provide This service as well as continue protecting the Peltier Lake Watershed. Please note that the new addition is 30 feet above the OHW and only 3 feet closer to the lake, leaving a 119.9 foot set back Please approve project so generations to come can enjoy and protect this unique property. Respectfully submitted, Ron Marier Ron Marier RECEIVED SEP 1 2 2DO8 OI f OF UNO LAKES Paul Bengtson Associate Planner 600 Town Center Parkway • Lino Lakes, MN 55014 -1182 Dear Paul and Committee, Narrative Information for Variance on 1801 77th Street East-Mader Property Requested information: 1. Anoka County property tax statement from 1999 to 2008 showing that I pay taxes on 5 acres. 2. 1995 Subdivision survey shoving Barn- measurements and house location. Note: Barns are over 150 L.-et from high weber mark. closer to the highwatea mark than 3. 2008 survey and sketch showing new garage no the old garage. Please consider a variance for proposed garage addition. y Ron Marier tug, Ih-k c 4- 3—", iset;i 61„e, tivtiez -76- RECEIVED OCT 1 f• .2008 CITY OF UNO LAKES ,y' _ t`6% 1 1 r1 . 1 I rf �- r. r� 1 r , / 1 .� • t %`:1111111 ;- •:1k1111�i ...II 111 • • HULT ,86 EMMEN, PA PO Box 3T Fame Las, 11/+.55025 ptc ps y U44130 \ yee pan 454412 soak b2109odnizos Mawr= + err... +.1...4.x,++ Client . RON MARIER . Projcd 1801. EAST 77T11 HUGO, MN Location 11- 31 -22, ANOKA • COUNTY, MN • Certification Summary Anifuntsu • pry u Revision History No. UM Dab by Maid /8/ Sheet Title SKETCH- Shed Number Revision 1 OF 1 Project No. DB142 1 LEGEND Bdaminous Surface • ,Brisling Bulldog Line LFE Lowest Floor Elevsifen • e HULT &i HEBBHLSEN, P.A. Po Bm 37 Forest Las, IN MS . plc (651) 4843130 lac peg 41144,21 + -+ Malindfrodshis Client RON MARIER Project DESCRIPTION (PER CLIEN1) 1801 EAST TiTH ST.,H000,MN • LOT 5 AUDITOR'S SUBDMSION NUMBER 55, Location ANOKA COUNTY, MINNESOTA 1141 -22, ANOKA COUNTY, MN Certification SKETCH NOTES 1. For details see bulidmg plans. 2.- Vertical Datum = NMVD 1929 3. Ordinary High Water Elevaton =864.7 feet Lowest Floor Elevafoa =904.6 feet —78— RECEIVED OCT 2 4 2008 CITY OF LINO LACES Summary Appmmtcr Dm= weq Revision History Ru nde By sell /B i mix O sEau7mrC■® Sheet Title SKETCH Sheet Number Revision 1 OF 1 Project We. 08142