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Home My WebLink About2012-100 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 12-100 GRANTING A VARIANCE TO REDUCE THE STREET AND SIDE YARD PARKING SETBACK, MILLER'S ON MAIN 8001 LAKE DRIVE WHEREAS, a request has been submitted to the City for the approval of a variance at 8001 Lake Drive, said property legally described to-wit: Lot 18, Auditor's Subdivision No. 138, according to the plat thereof and situate in Anoka County, Minnesota Property ID: 04-31-22-33-0010 and WHEREAS,review and approvals of variances are governed by state statutes and City ordinances, and WHEREAS,the Lino Lakes City Council makes the following findings: • a. The variance shall be in harmony with the general purposes and intent of the ordinance. The proposed variance will reduce the existing non-conforming conditions of the parking lot and allow for construction of a sidewalk and separation from parked cars and moving traffic on Main Street. b. The variance shall be consistent with the comprehensive plan. The improvement of the Lake/Main intersection is identified in the City's comprehensive plan. Relocation of the parking lot helps to improve vehicular safety in the area. C. There shall be practical difficulties in complying with the ordinance. Practical difficulties means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. The owner is only requesting the ability to maintain the parking for his use that currently exists. Parking spaces are a reasonable use to service the existing commercial use. d. That the plight of the landowners is due to physical circumstances • unique to his property not created by the landowner. The width of the property is not adequate to support the existing number of 40 parking stalls entirely on-site and still meet the zoning setbacks. This is in part due to acquisition of right-of-way by Anoka County in the mid 80's. e. The variance shall not alter the essential character of the locality. The parking lot is currently extending into public street right-of-way. Granting of the variance will improve the existing conditions. NOW,THEREFORE BE IT RESOLVED,that the City Council of the City of Lino Lakes hereby approves the variance to reduce the street setback for parking to 0 feet and the side yard parking setback to 4 feet subject to the following condition: 1. That wheel stops be required for each parking stall abutting the street and side lot line. Adopted by the Lino Lakes City Council this 24th day of September, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member R a f f er t m and was duly seconded by Council Member S toe s z and upon vote being taken thereon,the following voted in favor thereof: Rafferty, Stoesz, Roeser, O'Donnell, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopte Jeff Reine M or ATTEST: u i Bartell, C' y Clerk 0 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Michael Grochala MEETING DATE: September 24, 2012 TOPIC: Resolution No. 12-100,Approving Variance to Reduce Street and Side Yard Parking Setbacks, Miller's on Main, 8001 Lake Drive. VOTE REQUIRED: 3/5 INTRODUCTION Staff if requesting council consideration of a variance to allow the reduction in the required parking lot setback from property lines, as established in the zoning ordinance. BACKGROUND The City has been working with Anoka County to reconstruct the intersection of Lake Drive and • Main Street and install traffic signals and turn lanes. During the design process it was determined that the Miller's on Main parking lot encroached approximately 10 feet into the Main Street road right-of-way. As part of the project the parking will be relocated onto the Miller's site and new sidewalk constructed along the Main Street side of Miller's. The existing lot width of approximately 65 feet cannot meet the required setbacks and accommodate the two sided 90 degree parking arrangement that currently exists. A variance from the parking setback requirement is being requested to facilitate this shift. The applicant and City of Lino Lakes as co-applicant are requesting a variance from the parking setback requirement to facilitate this shift. As proposed the parking lot would have a 0 foot setback from the Main Street property line and a four foot setback from the north side lot line. 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 Commercial Mixed Use GB North Commercial Mixed Use GB South Commercial Commercial GB East Vacant Commercial GB West Residential Low Density Residential IGB Parking Setbacks: The parking setbacks for the GB, General Business District are as follows: Streets 15 feet Rear Yard 10 feet Side Yard 10 The proposed variance would reduce the street parking setback from the required 15 feet to 0 feet. The side yard setback would be reduced from the required 10 feet to 4 feet. The number of parking stalls, due to a more efficient design and removal of an access, will increase from 40 to 45 stalls. OPINION When considering this request it is important recognize the existing conditions on the site. Approximately half of the existing parking stalls are located within the street right-of-way. By relocating the parking stalls and granting the 0 foot setback the city would be decreasing the nonconformity, improving pedestrian and vehicle safety, and providing additional off-street parking. FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. The variance shall be in harmony with the general purposes and intent of the ordinance. The proposed variance will reduce the existing non-conforming conditions of the parking lot and allow for construction of a sidewalk and separation from parked cars and moving traffic on Main Street. b. The variance shall be consistent with the comprehensive plan. The improvement of the Lake/Main intersection is identified in the City's comprehensive plan. Relocation of the parking lot helps to improve vehicular safety in the area. C. There shall be practical difficulties in complying with the ordinance. Practical difficulties means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. The owner is only requesting the ability to maintain the parking for his use that currently exists. Parking spaces are a reasonable use to service the existing commercial use. d. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The width of the property is not adequate to support the existing number of parking stalls entirely on-site and still meet the zoning setbacks. This is in part due to acquisition of right-of-way by Anoka County in the mid 80's. C. The variance shall not alter the essential character of the locality. The parking lot is currently extending into public street right-of-way. Granting of the variance will improve the existing conditions. PLANNING AND ZONING BOARD The Planning and Zoning Board reviewed the variance request on September 12, 2012. The board voted unanimously to recommend approval of the request with the following condition: 1. That wheel stops be required for each parking stall abutting the street and side lot line. RECOMMENDATION Staff is recommending approval of Resolution No. 12-100. ATTACHMENTS 1. Resolution No. 12-100 2. Site Plan EXHIBIT 1 r r s / r , 1 2 3 --j4 5 6 7 8 �9 10 11 12 13 14 15 1 17 18 21 22 23 24 25 -------1rEDittE_- — ---- — EOt _ — ---- tPROPERTY -- ------------------- �—> L PIE__ _;� B�18—��cG ---- LINE-------------- 78 CBcG om EXISTING PARKING LOT % EXTENSION �— o — — -- —- -- — — __ 1 2 3�m 4� 5— Z5 6 7 �8 9� 10 11 12 13 14� 15 16 17 18 19 2 21 22 23 24 lot G vo g Q �26 27 m129 30 31 32 33 3 35 36 37 38 39 40 41 42 43 44 4528 --------- ` -------- ------- ------------ -------------- ii/ \ PROPERTY LINE — NEED TO RELOCATE 78 C8cG ( POWER POLE y G— - — — — — % — \�� — — — — — — — — PROPOSED n w o sm PROD.NO.14850.00 FEASIBILITY STUDY o g c l r o f LINO LAKES,MINNESOTA MILLER ON MAIN TKDA sW LINOLAKES SEPT.22,2011 PARKING LOT Record ID 2535039 L L�KKES 2039876 . 003 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 12-100 STATE OF MINNESOTA) 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. 12-100, Granting a Variance to Reduce the Street and Side Yard Parking Setback at 8001 Lake Drive, approved by the Lino Lakes City Council on September 24, 2012, 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 September 25, 2012. City C k SEAS 1l� 600 Town Center Parkway, Lino Lakes,MN 55014 Phone: 651-982-2400 Fax: 651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 12-100 GRANTING A VARIANCE TO REDUCE THE STREET AND SIDE YARD PARKING SETBACK, MILLER'S ON MAIN 8001 LAKE DRIVE WHEREAS, a request has been submitted to the City for the approval of a variance at 8001 Lake Drive, said property legally described to-wit: Lot 18, Auditor's Subdivision No. 138, according to the plat thereof and situate in Anoka County, Minnesota Property ID: 04-31-22-33-0010 and WHEREAS,review and approvals of variances are governed by state statutes and City ordinances, and WHEREAS,the Lino Lakes City Council makes the following findings: a. The variance shall be in harmony with the general purposes and intent of the ordinance. The proposed variance will reduce the existing non-conforming conditions of the parking lot and allow for construction of a sidewalk and separation from parked cars and moving traffic on Main Street. b. The variance shall be consistent with the comprehensive plan. The improvement of the Lake/Main intersection is identified in the City's comprehensive plan. Relocation of the parking lot helps to improve vehicular safety in the area. C. There shall be practical difficulties in-complying with the ordinance. Practical difficulties means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. The owner is only requesting the ability to maintain the parking for his use that currently exists. Parking spaces are a reasonable use to service the existing commercial use. d. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The width of the property is not adequate to support the existing number of parking stalls entirely on-site and still meet the zoning setbacks. This is in part due to acquisition of right-of-way by Anoka County in the mid 80's. e. The variance shall not alter the essential character of the locality. The parking lot is currently extending into public street right-of-way. Granting of the variance will improve the existing conditions. NOW,THEREFORE BE IT RESOLVED,that the City Council of the City of Lino Lakes hereby approves the variance to reduce the street setback for parking to 0 feet and the side yard parking setback to 4 feet subject to the following condition: 1. That wheel stops be required for each parking stall abutting the street and side lot line. Adopted by the Lino Lakes City Council this 24th day of September, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member R a f f A rt y and was duly seconded by Council Member s toe s z and upon vote being taken thereon,the following voted in favor thereof: Rafferty, Stoesz, Roeser, O'Donnell, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopte Jeff Reine M or ATTEST: u i Bartell, C' Clerk _-\NOKA COI`N N XIYN ESOT1 -k Document No.: 2039876,003 ABSTRACT I hereby certifN that the kvithi►7 instrument "as filed in this office for record on: 09'28,'2012 10:42:00 AINI Fees/Taxes In the mount of: 546.00 I,ARRY W. DALIEN Anoka County Property Tax Administrator/Recorder Registrar of Titles MEW, Deputy Record ID: 2535039