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HomeMy WebLinkAbout2013-089 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 13-89 VARIANCE TO ALLOW FOR SECOND DRIVEWAY ACCESS FOR 2235 ARTHUR COURT WHEREAS,a request has been submitted to the City for the approval of a variance at 2235 Arthur Court, said property legally described to-wit: Lot 6, Block 2, Clearwater Creek; 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 of Fact: a. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the ordinance is to establish performance standards intended to assure compatibility of uses,prevent blight and to enhance the health, safety and general welfare of the residents of the community. An addition driveway access onto Cedar Street for an accessory building does not pose a threat • to the health or safety of the neighborhood. This section of Cedar Street is a local street and several industrial users along the north side of Cedar Street have multiple driveway accesses. Accessory buildings have less vehicle trips in comparison to single family homes or industrial users. b. The variance shall be consistent with the comprehensive plan. The variance is consistent with the comprehensive plan. The parcel is guided for Low Density Sewered Residential development. This section of Cedar Street is a local street and several industrial users along the north side of Cedar Street have multiple driveway accesses. c. There shall be practical difficulties in complying with the ordinance. "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 the ordinance. 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. The property owner proposes to use the property in a reasonable manner. The construction of a detached accessory building and driveway access are reasonable uses of the upland area of the property. The wetland delineation indicates over an acre of usable land that is not accessible from Arthur Court. The practical difficulty in complying with the ordinance would require wetland impacts and increased impervious surface to construct a driveway south to the existing driveway onto Arthur Court. • d. 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 created by the existing wetland area and not the landowner himself. e. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. Accessory buildings and driveways are common features of residential districts. The industrial properties to the north of Cedar Street have multiple access points. f. 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 buildings and driveways are permitted as Accessory Uses in the R-1, Single Family Residential District. g. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. • Not applicable. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves a variance to allow for a second driveway access for 2235 Arthur Court, subject to the following conditions: 1. The accessory building shall meet the general building and use provisions of Section 3, Subd. 4. 2. A building permit shall be submitted by the applicant and approved by the City prior to construction. 3. The driveway shall be paved with appropriate surface. Adopted by the Council of the City of Lino Lakes this 26 day of August2013. The motion for the adoption of the foregoing resolution was introduced by Council Member Roeser and was duly seconded by Council Member r)c-,nnell and upon vote being taken thereon, the following voted in favor thereof: Roeser, O'Donnell, Rafferty, Stoesz, Reinert The following voted against same: none • iJeff Reinert or ATTEST: r nne Bartell, C' y Clerk • • CITY COUNCIL AGENDA ITEM 6A • STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: August 26, 2013 TOPIC: i. Consider Resolution No. 13-89 Approving Variance to Allow for Second Driveway Access for 2235 Arthur Court ii. Public Hearing: Consider 1st Reading of Ordinance No. 09-13 Vacating a Portion of the Drainage and Utility Easement on Lot 6, Block 2, Clearwater Creek VOTE REQUIRED: 3/5 (Item i) and 4/5 (Item ii) INTRODUCTION The applicant has submitted a Land Use Application for a drainage & utility easement vacation and variance for the purpose of constructing a 40'x 50' (2,000 s.£) detached accessory • building. The residential property is located at 2235 Arthur Court. The vacation is for an existing drainage and utility easement and the variance is to allow for a second driveway access. BACKGROUND Drainage and Utility Easement Vacation As shown on the Clearwater Creek plat, a drainage and utility easement was dedicated over a wetland area. This easement exists over much of Lot 6, Block 2 (2235 Arthur Court). A Wetland Delineation Report was prepared by Earth Science Associates, Inc. in May 2013 and was approved by Rice Creek Watershed District (RCWD) as LGU of the Minnesota Wetland Conservation Act via Notice of Decision Application#13-049R on June 18, 2013. The Wetland Delineation Report identifies the actual boundaries of the wetland and indicates over 1 acre of useable upland exists on the subject property. A Sketch and Description Survey prepared by EG Rud& Sons on August 20, 2013 shows the new delineated wetland boundary, the proposed drainage and utility area to be vacated and the proposed location of the accessory building. A 10 foot drainage and utility easement will be maintained along Cedar Street. The second reading of the ordinance is scheduled for September 9, 2013. • Variance . Per City Ordinance Chapter 1007, Section 3, Subd. 5.C.8.£4: "A single-family lot in a residential zoning district shall not have more than one driveway accessing a public street. " A variance is needed to allow for a second driveway access onto Cedar Street. The accessory building cannot be accessed from Arthur Court due to the wetland between the principal and proposed accessory building. The Planning & Zoning Board made recommendation to approve the variance at their August 14, 2013 meeting. RECOMMENDATION Staff is recommending approval of the following items with conditions listed per resolution or ordinance: 1. Resolution No. 13-89 Approving Variance to Allow for Second Driveway Access for 2235 Arthur Court 2. Ordinance No. 09-13 Vacating a Portion of the Drainage and Utility Easement on Lot 6, • Block 2, Clearwater Creek ATTACHMENTS 1. Resolution No. 13-89 2. Ordinance No. 09-13 1 S`Readin : Publication: 2" Reading Effective: CITY OF LINO LAKES ORDINANCE NO. 09-13 ORDINANCE VACATING A PORTION OF THE DRAINAGE AND UTILITY EASEMENT ON LOT 6, BLOCK 2, CLEARWATER CREEK (2235 ARTHUR COURT) "The City Council of Lino Lakes ordains". Section 1 Findings 1. The City Council of Lino Lakes has determined to vacate a portion of the drainage and utility easement as shown in Exhibit A and described as: That part of the drainage and utility easement as dedicated on Lot 6, Block 2, CLEARWATER CREEK, Anoka County, Minnesota, according to the recorded plat thereof, described as follows: • Commencing at the northwest corner of said Lot 6, Block 2; thence on an assumed bearing of South 87 degrees 00 minutes 17 seconds East, along the north line of said Lot 6, Block 2 a distance of 115.40 feet; thence South 38 degrees 06 minutes 10 seconds West a distance of 12.22 feet to a line drawn parallel with and 10 feet southerly of said north line and to the point of beginning of the easement to be vacated; thence South 87 degrees 00 minutes 17 seconds East along said parallel line a distance of 164.00; thence South 02 degrees 59 minutes 43 seconds West a distance of 140.01 feet; thence South 45 degrees 02 minutes 56 seconds West a distance of 39.15 feet; thence North 87 degrees 53 minutes 36 seconds West a distance of 104.89 feet; thence South 73 degrees 48 minutes 33 seconds West a distance of 32.90 feet; thence North 82 degrees 29 minutes 10 seconds West a distance of 36.64 feet; thence North 00 degrees 48 minutes 04 seconds West a distance of 111.71 feet; thence North 76 degrees 57 minutes 06 seconds East a distance of 37.17 feet; thence North 14 degrees 47 minutes 51 seconds West a distance of 34.49 feet; thence North 38 degrees 06 minutes 10 seconds East a distance of 29.40 feet to the point of beginning. 2. A public hearing was held on August 26, 2013 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and a reasonable attempt was made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3. It appears to be in the best interest of the City to vacate a portion of such drainage and . utility easement; and 4. Four-fifths of all members of the City Council concur in this ordinance. Section 2 Easement Vacated The drainage and utility easement described herein is hereby vacated. Section 3 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this day of , 2013. The motion for the adoption of the foregoing ordinance was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk SKETCH AND DESCRIPTION EXHIBIT for- WAYNE KELLY �of- 2235 ARTHUR COURT LINO LAKES, MN 55038 CEDAR STREET �a e LOT 1,BL 3 011, ��, 92 CIFA AIEA ''+V' -�P 4 may^ —Ntli6 airs OF na M1 919 9— —� s8ron•1r,r "- ��a SE 5]BI ... PEB '( 1 ..... ...... 2D Oi Oat] ai11540 918 � � � LIEAAwATBR aff{K .... e _.a� 538'OB 10 W e' + a�w 9 sw 9 Sid sea _u:�, — NORTH PROPERTY DESCRIPTION "° g ,% 4 Lot 6, Biock 2, CLEARWATER CREEK, Anoka County, Minnesota. 2� LEE c. c B€«°f I \� i 91B I � GRAPHIC SCALE A, \ 0 m +� PROPOSED DESCRIPTION FOR DRAINAGE a^, 1 '. q^�`,,£ P� ; tea,'+e^ �" o .� +9' I ^.. IN FEET)eo AND UTILITY EASEMENT VACATION +9^ S'si7 �. ,�^ ;' nap= ao r That part of the drainage and utility easement as dedicated on Lot 6, Block 2, - CLEARWATER CREEK, Anoka County, Minnesota, according to the recorded plat - — _ _ _ -9z .° �+ '� - y thereof, described as follows: — —9 e s ^s + 'bulJti �+ 9� I +� - VICINITY MAP Commencing at the northwest corner of said Lot 6, Block 2; thence on an f/ I -T h 9,� assumed bearing of South 87 degrees 00 minutes 17 seconds East, along ,.��, � '-� + � a the north line of said Lot 6, Block 2 a distance of 115.40 feet; thence a gf P-1 -(a PART SEC.25.TWP.31,RNG.22 6,� PGAx cat y, / FNDIPOPEN South 38 degrees 06 mnutes 10 seconds West a dstonce of 1222 feet to q:�.-/ +coo 1z 7 R ,,i,a'.;a to a line drawn parallel with and 10 feet southerly of sad north Ine and to O ,« a° Ax-cox �•,�'^ 91s - 1. ° the point of beginning of the easement to be vacated, thence South 87 M \ degrees 00 minutes 17 seconds East along said parallel line a distance of 164.00; thence South 02 degrees 59 minutes 43 seconds West a distance ,rn'+ ' I -iixos8 m e a of 140.01 feet: thence South 45 degrees 02 minutes 56 secontls West o e^ a°+ + o0`eP s� •ti s1s.x�/ A«z distance of 39.15 feet; thence North 87 degrees 53 minutes 36 seconds -'^ Jy eA«za \ + anssn000zs a^ West a distance of 104.89 feet; thence South 73 degrees 48 minutes 33 seconds West a distance of 32.90 feet, thence North 82 degrees 29 ^ minutes 10 seconds West a distance of 36.64 feet; thence North 00 I °D m^' vox+a°+ + ,p ✓ • c degrees 48 minutes 04 seconds West a distance of 11171 feet, thence North 76 degrees 57 mnutes 06 seconds East a distance of 37.17 feet; — — — — — I po'vi'_mre thence North 14 degrees 47 minutes 51 seconds West c distance of 34.49 — — — — — 'w'A� I �a •^ "'z ° t•? ykg'�%j feet; thence North 38 degrees 06 minutes 10 seconds East a distance of -- s'. �= r ' 29.40 feet to the point of beginning. iuoixioen ¢ ` I ( O.•, 90 P2„�NN847^�53 J6y —1p489 Ila. �axB"x 571.B L O C+ K IMPERVIOUS SURFACE YI .. `sv M�r I a . TOTAL LOT AREA...... .................124,301 S.F. +`s60FP 9A. ko : ;. EXISTING IMPERVIOUS a AL � u Hose ......................._.......__........2,571 S.F. °�91aon Driveway and concrete .................1,327 S.F. _ — — r"w"09•' ANOKA COUNTY,MIfWESOTA Total Existing ........._......._............3,898 S.F. _ — — b NO SCALD Existing Percent Impervious ...._... 3.14% — — N PROPOSED IMPERVIOUS ,v A, T W O Proposed Building ........................2,000 S.F. _ 5 Proposed Driveway ._................. 3.022 S.F. + Total Proposed ............._.............5,022 SF. Proposed Percent Impervious ..... 4.04% p LEGEND Total Percent Impervious ....._.._ 7.18% ----'' .� • DENOTES IRON MONUMENT FOUND AS LABELED 'Is djM I o DENOTES IRON MONUMENT SET, MARKED RLS#41578 se 'orc `vim DENOTES POWER POLE NOTES a''41 Y ewe" 9szx DENOTES EXISTING SPOT ELEVATION x8 _ / `^ y xuce a°6^ /s DENOTES WET LAND Field survey was completed by E.G. Rud and Sons, Inc. on 07/01/13. _ 'I "' _ / DENOTES EXISTING 1 FOOT CONTOUR INTERVALS B ?v ~/ _e~ DENOTES PROPOSED 1 FOOT CONTOUR INTERVALS Bearings shown are on an assumed datum. DENOTES TREE LINE Curb shots are taken at the top and back of curb. DENOTES OVERHEAD WIRE ml avds7o DENOTES EDGE OF WETLANDS AS - This survey was prepared without the benefit of title work. Additional _, - jm ,/ DELINEATED BY EARTH SCIENCE I 9zc.1s• `h.g. easements, restrictions and/or encumbrances may exist other than those szs. tr,>/ ASSOCIATES, INC. ON 6-13-13. shown hereon. Survey subject to revision upon receipt o( a current title hf Bzass ^/ ° / DENOTES CONCRETE SURFACE commitment or an attorney's title oo'n-on / sz�. �.. 7 / _ DENOTES BITUMINOUS SURFACE - Proposed easement vacation area = 32,836 S.F. / m / Bza Bz+xs s' DENOTES PROPOSED DRAINAGE AND -- -J UTILITY EASEMENT VACATION I hereby certify that this survey, plad ly hG�' '� AzavS' / o- report was prepared by me or under / •� �/ S my direct supervision and that I am / / 5�'09" 119.48 a duly Registered Land Surveyor under the laws of the State of Minnesota. - a` \/ D 6 nioiPi°sn / BENCHMARK a TOP NUT OF HYDRANT AT COMMON FRONT CORNER OF LOTS 1 AND 2, 56 0559 E11 [f R \ / BLOCK 3, CLEARWATER CREEK. JASO E. RU 92c2,ls�e- _ 1761 2 / / ELEVATION = 925.51. Date: 08-20-13 License No. 41578 t'`x. / Professional Land Surveyors DRAWN By,JEN 1 JOB NO' 13456ED DATE:07/15/13 ,Nw,er.egrud.com 6776 Lake Drive NE, Suite 110 CHECK BY 13 SCANNED El Lino Lakes, MN 55014 08/13/ Per City Comments 2 Jc'N 08/20/13 Impervious Surface Colcs JFN 3 Tel.(651)361-8200 Fax(651)361-8701 No,I DATE DESCRIPTION Br 13456ED Record ID 2639140 CIT_Y "OF 11NOLAKES2068983 . 012 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 13-89 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. 13-89, Approving a Variance to Allow for Second Driveway Access for 2235 Arthur Court, approved by the Lino Lakes City Council on August 26, 2013, 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 August 27, 2013. _. . .. City 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 13-89 VARIANCE TO ALLOW FOR SECOND DRIVEWAY ACCESS FOR 2235 ARTHUR COURT WHEREAS, a request has been submitted to the City for the approval of a variance at 2235 Arthur Court, said property legally described to-wit: Lot 6, Block 2, Clearwater Creek; 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 of Fact: a. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the ordinance is to establish performance standards intended to assure compatibility of uses,prevent blight and to enhance the health, safety and general welfare of the residents of the community. An addition driveway access onto Cedar Street for an accessory building does not pose a threat to the health or safety of the neighborhood. This section of Cedar Street is a local street and several industrial users along the north side of Cedar Street have multiple driveway accesses. Accessory buildings have less vehicle trips in comparison to single family homes or industrial users. b. The variance shall be consistent with the comprehensive plan. The variance is consistent with the comprehensive plan. The parcel is guided for Low Density Sewered Residential development. This section of Cedar Street is a local street and several industrial users along the north side of Cedar Street have multiple driveway accesses. c. There shall be practical difficulties in complying with the ordinance. "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 the ordinance. 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. The property owner proposes to use the property in a reasonable manner. The construction of a detached accessory building and driveway access are reasonable uses of the upland area of the property. The wetland delineation indicates over an acre of usable land that is not accessible f om Arthur Court. The practical difficulty in complying with the ordinance would require wetland impacts and increased impervious surface to construct a driveway south to the existing driveway onto Arthur Court. d. 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 created by the existing wetland area and not the landowner himself. e. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. Accessory buildings and driveways are common features of residential districts. The industrial properties to the north of Cedar Street have multiple access points. f. 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 buildings and driveways are permitted as Accessory Uses in the R-1, Single Family Residential District. g. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves a variance to allow for a second driveway access for 2235 Arthut Court, subject to the following conditions: 1. The accessory building shall meet the general building and use provisions of Section 3, Subd. 4. 2. A building permit shall be submitted by the applicant and approved by the City prior to construction. 3. The driveway shall be paved with appropriate surface. Adopted by the Council of the City of Lino Lakes this 26 day of Aucgust2013. The motion for the adoption of the foregoing resolution was introduced by Council Member Roeser and was duly seconded by Council Member O'DnnnPl 1 and upon vote being taken thereon, the following voted in favor thereof: Roeser, O'Donnell, Rafferty, Stoesz, Reinert The following voted against same: none Jeff Reinert or ATTEST: _"`J 1' nne Bartell, C' y Clerk ANOKA COUNTY MINNESOTA Document No.: 2068983.012 ABSTRACT I hereby certilti that the vN]thin instrument vv as tiled in this office for record on: 09'16,2013 12:34:0O PNI Fees`Taxes In the A1110U11t of: $46.00 JONELL, M. SAWYER _,noka County Property Tax Adtninistrator`RecorderlRegistrar of Titles 1TILNI, Deputy Record ID: 2639140