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Home My WebLink About2005-123 Council Resolution• AGENDA ITEM 6.B. STAFF ORIGINATOR: Paul F. Bengtson CC MEETING DATE: August 22, 2005 TOPIC: Resolution Number 05 -123 Variance to the Shoreland Ordinance to allow a rear setback of 50.9 feet where 100 feet is required. Benton Erickson 6868 West Shadow Lake Drive BACKGROUND The Shoreland Ordinance for the City of Lino Lakes requires a 100 foot setback from the Ordinary High Water Line for any structure that is Unsewered. The applicant is proposing an addition to the existing single family dwelling at 6868 West Shadow Lake Drive that if approved would reduce that setback to 50.6 feet. ANALYSIS Land Use and Zoning The following table summarizes the zoning and land use of the subject property, as well as surrounding properties: Location Guided Land Use Existing Zoning Subject Property Low Density, Unsewered Residential R (Rural) North Low Density, Unsewered Residential R (Rural) East N/A — Reshanau Lake N/A — Reshanau Lake South Low Density, Unsewered Residential R (Rural) West Low Density, Unsewered Residential R (Rural) Setback Requirements • Chapter 1102.07 Subdivision 2 of the City of Lino Lakes Shoreland Ordinance requires that a 100 -foot setback be provided for all unsewered structures from the Ordinary High Water Level of any Recreational Development Lake (Reshanau Lake). The Ordinance does allow for a structure to conform to the setbacks of structures on the adjoining lots on • Erickson Variance page 2 both sides of the proposed building site without the approval of a variance, however, in this instance the survey submitted depicts that the setback of the property to the south is 78.7 feet, and that the property to the north is not developed with a dwelling at this time. The survey does depict the dwelling on the next developed lot to be setback 94.9 feet from the O.H.W.L. DNR Tom Hovey, an Area Hydrologist with the DNR commented that a hardship is not discussed by the applicant in their letter, nor demonstrated on the plans; that alternatives appear to exist that would not require a variance; and that the shoreland management program is intended to eliminate nonconformities, not increase them. Furthermore, if any fill has occurred on this or adjacent properties the DNR needs to review the situation and determine if the fill was permitted and legal. Findings Findings of Fact. 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. • The lot is already developed with a single family dwelling and though it might be more costly, due to the need to remove /renovate /replace existing detached accessory structures and driveways, additions could be made north of the existing home that would not encroach further into the setback from the O.H.W.L. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. The site does constrain development due to the lack of depth and the setbacks required from the right -of -way and the O.H.W.L. At the shallowest point, the lot depth from the right -of -way to the O.H.W.L is 145 feet. Considering the 30 foot front setback and 100 foot rear setback (from O.H.W.L) the result is a building footprint that is only 15 feet deep. This would not typically be enough footprint depth to build a standard dwelling, however working with the existing setbacks for the dwelling an addition could be added that would not further the encroachment into the O.H.W.L setback. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. As mentioned previously, if money was not an issue, the existing accessory structures and driveways could be removed /replaced /renovated to allow an • • • Erickson Variance page 3 addition to this structure that would not increase the non - conformity of this site. As the property exists it still can serve as a single family dwelling. 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. This variance would not only allow this property owner to build far closer to the O.H.W.L than most other riparian lots are allowed, but would also effect the development of the lot to the north which would be able to use the reduced setback of this lot to allow a structure to be built much closer to the lakeshore than would normally be allowed. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the Shoreland Ordinance is to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of the shorelands, and provide for the wise use of waters and related land resources. The proposed variance would allow a structure and construction of that structure to occur far closer to the lake than is required. Planning and Zoning Board On August 10, 2005 the Planning and Zoning Board voted to recommend denial of this variance request. OPTIONS 1. Approve Resolution 05 -123 Denying the Shoreland Ordinance Variance Request 2. Return to staff with direction. RECOMMENDATION Staff recommends denial of this Variance request. ATTACHMENTS: Applicant's Justification letter received July 11, 2005. Certificate of Survey received July 11, 2005. • • Erickson Variance page 4 CITY OF LINO LAKES RESOLUTION NO. 05 -123 RESOLUTION DENYING A VARIANCE FROM THE SHORELAND ORDINANCE 100 FOOT SETBACK FROM THE ORDINARY HIGH WATER LINE TO THE REAR OF A HOME. WHEREAS, the City has received an application for a Variance requesting that a home addition be constructed 50.6 feet from the Ordinary High Water Line of Reshanau Lake, and WHEREAS, the City's Shoreland Ordinance, in Chapter 1102.07 Subdivision 2, requires that a 100 -foot setback be provided for all unsewered structures from the Ordinary High Water Level of any Recreational Development Lake (Reshanau Lake), and WHEREAS, placement of the proposed addition would extend 49.4 feet, or almost 1/2 of the required distance, into the required Ordinary High Water Line setback, and WHEREAS, there are no unique physical circumstances or conditions on the property which are creating a hardship situation, which is the criteria against which Variances are to be evaluated, NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council denies the proposed Variance, as described in the attached staff report, dated August 22, 2005. Adopted by the Lino Lakes City Council this 22nd day of August, 2005. ATTEST: J. B = rgeson, Mayor • • • MEMORANDUM FOR CITY OF LINO LAKES FROM: Benton Erickson Kristine Erickson 6868 W. Shadow LK. DR. Lino Lakes, MN. 55014 SUBJECT: VARIANCE We would like to receive a variance to allow an addition on the northwest side of our home. The City Building Department tells us we need a variance because the property is located on Reshanau Lake. Without the variance we would not be able to build the addition, and still have room to use our unattached garage. We only want to build approximately 12 feet to the rear of the house and towards the lake. This layout will allow us to meet the city requirement to have access from the current house, into the addition, and still give us room to enter our unattached garage. Without a variance, the only way to have access into the current house, from the proposed addition, would require tearing off the attached garage and this still wouldn't leave enough room to enter the unattached garage. The proposed addition will fit nicely onto the existing house without being an eye sore. We plan to use the additional space as a parent's apartment. The layout of our existing house would make it impossible to do an addition on the south side of the house and still have easy access from the driveway and garage. If you look at the survey of the property you will see that our house is over 100 feet from the lake. We do have a lower area in the back yard that causes the high water level line to seem closer than on the lots next to us. In past years these lots had fill hauled in that raised them slightly above the high water line. The house was built before the year of the high water flood and has never had any water problems. The planned addition would meet DNR requirements and be outside the minimum established distance needed to build. Also the addition would blend in with the houses on both sides. Bent Erickson Kristine M. Erickson J4 "BUILDER Tq VERIFY HOUSE 4/ENSIONS, SEWER DEPTH AND FOUNDA770N DEPTH CERTIFICATE OF eURVEY For: Brad Erickson • x ///// 1" =401 / • / / / / Sr/ / / / G so / / / / /. 6 ;p5 1 —♦ • 1P l, ♦♦_1 / ♦!1�/ r� , t\ I / \t..., 1 `/ . / r' / � I' ` 6p>g., 'C' .,ry -Q , ' � }Ja o'x- fib 4.�0�0/`�; . 5 0 Nolockokc \esb� 6p4�A Dv; g Li) / A 884.78A• 6p 29 gg392 cf. • 864 44 / / mm 884.13 1 t ' I i I 34 4 BENCHMARK CIM AT LAKE EDGE ON LOT 4, BLOCK 1 ELEVATION = 881.86 (NGVD 7929) 4' • n. 0301 . 169 SAW -t • 02'1 to a a4 mr / ro / 63 ,/ x6g2' Qry O • Q4/ tz- � h � �"P' SURVEYOR'S NOTE 4# Topography and existing Elevations first 5'ji •� �� recorded on 03 -16 -05 and additional 60.467 ' ;•. (/� elevations token on 05- 23 -05. �a6 & Contours shown re . ions taken (4— on both dates. ��D rp / rB�E6iA 1"1 JUL I I 2005 25 �' ?68E CIT LINO f •• LEGEND Y OF LAKES N.G.V.D. VERTICAL DATUM BEARINGS SHOWN ARE ON AN ASSUMED DATUM DENOTES 50 FT. SETBACK LINE FROM OHW .999.99 DENOTES EXISTING ELEVATION AS OF 03- 16 -05. X489.99 DENOTES EXISTING ELEVATION AS OF 05- 23 -05. ' ..•.DENOTES EXISTING CONTOUR AS OF 05- 23 -05. „51360 / h ftg84 // 9J:: / 892..'p�l LEGAL DESCRIPTION o�. Lot 5, Block 1, LAKES ADDITION No. 5, Anoka County,Minnesota Scale 1"= 40' I • Denotes Iron Found I 0 Denotes Iron Set I Job I hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that lam a duly Licensed Land Surveyor under the laws of the State of Minn to E. G. RUD & SONS, INC. B y: t✓ Q.. OHN A. RE� No 05079HS I Drwg By NAA E. a. RUD 4 some, INC t•AND SURVEYORS IB150 LEXINGTON AVE. NO. CIRCLE PINES, MINNESOTA 55014 -.625 nnta.ri -this A3/2- 4nv of 7%%C"--"h . 2005 Minnesota License No. 25344 ��I 9 /_z 9n /�_GGG/ c,.• 9/ c a