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