HomeMy WebLinkAbout2007-040 Council Resolution•
Council MemberCarlson introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 07-40
RESOLUTION APPROVING A VARIANCE TO THE ARTERIAL STREET SETBACK
FOR THE PROPERTY AT 7300 TERRA COURT.
WHEREAS, the City has received an application for a garage addition to the attached garage at
7300 Terra Court; and
WHEREAS, the development requires approval of a variance to the arterial street setback of 40
feet; and
WHEREAS, a public hearing was held before the Planning & Zoning Board on February 14,
2007; and
WHEREAS, as required by Section 2, Subd. 4 of the zoning ordinance, the City Council made
the following findings of fact regarding both lots:
• a. That the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls.
The property is currently developed with a single family home that can easily be put
to a reasonable use without the addition of a third garage stall.
b. That the plight of the landowners is due to physical circumstances unique to
his property not created by the landowner.
While the property is a corner lot and is therefore subject to increased setback
standards, there is no physical circumstance unique to this property that was not
created by the placement of the structure at time of construction.
c. That the hardship is not due to economic considerations alone if reasonable use
for the property exists under the terms of the ordinance.
The request made by the property owner has nothing to do with economic
considerations; the placement of the home on the lot when it was constructed
simply prohibits the addition of a third stall to the attached garage under the strict
enforcement of the zoning ordinance.
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.
•
•
•
As the homes on either side of this property were constructed at reduced setbacks,
granting this variance to allow an addition that will not encroach further than the
two adjacent homes will not confer on the applicant any special privilege.
e. That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
The spirit and intent of the setbacks required by the ordinance is to allow separation
between roadways and homes and to increase visibility at intersections. Allowing
this home to continue the trend of reduced setbacks along Apollo Drive is in
keeping with that spirit and intent as it does not encroach any further than the
homes on either side of the property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves
the Variance to the Arterial Street Setback for the proposed garage addition to the home at 7300
Terra Court to which the following conditions of approval apply:
1. All materials and construction methods for the proposed addition shall match that of the
existing dwelling.
2. This review is based on the application materials submitted by the applicant on January 16,
2007.
Passed by the Lino Lakes City Council thi 9hn e
ATTE,T:
Julie : ell, City)Cler
Jo Bergeson, Mayor
Adopted by the Lino Lakes City Council this 12th day of March, 2007.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Stoltz and upon vote being taken thereon, the following voted in favor
thereof:
Carlson, Stoltz, Reinert, O'Donnell, Bergeson
The following voted against same:
none
Whereupon said resolution was declared duly passed and adopted.
•
•
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
BACKGROUND
AGENDA ITEM 6.A
Paul Bengtson
March 12, 2007
Resolution 07 -40: Approving a Variance
to the Arterial Road setback for a garage
addition at 7300 Terra Court.
Jeff Zeske and Susan Goepfert have requested approval of a Variance from the Arterial Road
Setback (40 feet) to allow a garage addition that would be 30 feet from Apollo Drive. The
proposed accessory building (garage) addition would meet the setback requirements from Terra
Court and the rear lot line, but would encroach ten feet into the Apollo Drive setback.
The Apollo Meadows subdivision is located on the south side of Apollo Drive just east of Sunset
Road. At the time of construction the same setbacks were in place as they are today, yet the two
homes on either side of the subject site received permits from the city and were constructed with
30 foot setbacks (one additional home in the subdivision that is adjacent to Apollo Drive was
built with a 35 foot setback).
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
R -1
North
Apollo Drive
N/A
N/A
South
Residential
Low Density Sewered Residential
R -1
East
Residential
Low Density Sewered Residential
R -1
West
Residential
Low Density Sewered Residential
R -1
Streets: Apollo Drive is a County State Aid Highway developed within a 100 foot right of
way. The Zoning Ordinance therefore classifies it as a major arterial roadway. Terra Court is an
existing road developed within a 60 foot right of way. As it serves only the ten existing homes,
it is considered a local street by the Zoning Ordinance.
Setbacks: The lot is zoned R -1 (Single Family Residential) and is required to adhere to the
following setbacks established in the Zoning Ordinance:
From Streets:
Local Street
Collector or Arterial Street
Side Yard:
Principal Building
Accessory Building
Thirty (30) Feet
Forty (40) Feet
Ten (10) Feet
Five (5) Feet
Rear Yard:
Principal Building
Accessory Building
Thirty (30) Feet
Five (5) Feet
• Findings:
State law requires the following finings to be made in order to grant the approval of a variance.
Staff has revised the findings to reflect the comments of the Planning and Zoning Board, and
attached them to the report as part of Resolution 07 -40.
•
•
RECOMMENDATION
Staff took the application to the Planning and Zoning Board with a recommendation of denial.
The Planning and Zoning Board recommended approval on a vote of 5 -1, with the following
condition:
1. All materials and construction methods for the proposed addition shall match that of the
existing dwelling.
This review is based on the following plans and information:
Goepfert/Zeske submittal packet received January 16, 2007
CERTIFICATE OF SURVEY
SWENSON LAND SURVEYING
827 Norwood Street
Anoka, Minnesota 55303 TELEPHONE
(612) 427 -1020
RONALD J. SWENSON
REGISTERED LAND SURVEYOR
SURVEY FOR: 6EMLER 14OME5
J
0
V
1-c904.1 K
x p
A PoLLO DRNE s
30.0
i1/287 ° ¢8 #47 1E /62-00
90C— x q082-
44.0
4 o
14
qo� x c 9
1
30.0
904,9
2.0.'33■9
Ia
b=
901t
21.67
2 t. G7 1!.
(n �
OW
co ci nl
c..1
x 22.33
00
O
90-7 t
4-4- •o
X 907
x9075
I
O
•'
7 C2
-a.
W
co
9016
x/87 °48'47 'E Kz.00
„9
PROPOSED. GRADES
TOP OF FOUNDATION = 908.8
GARAGE FLOOR = 908.5
LOWEST FLOOR = 905.6
• Denotes Iron Monuments Found
O Denotes Iron Monuments Set
Scale 1 Inch equals 4o feet
Book 12-0 Page E,
Invoice No ‘S-4"
i
6 909"
N.
w
- 907 ¢
FILE COPY
DENOTES EXISTING ELEVATION x900.0
DENOTES PROPOSED GRADES (900.0}
DENOTES SURFACE DRAINAGE
I hereby certify that this is a true and correct representation of
a survey of the boundaries of:
Lot 3S. Block 1, APOLLO MEADOWS, Anoka County, Minnesota.
It does purport to show improvements or encroachments, if
any. As surveyed by me this 20th day of May. 1993.
Ronald J. Swenson, Registered Land Surveyor, MN. License No. 13297
Background
In May of 1993, we contracted with Semler Homes to bui!d a house at 7300 Terra Court in
Lino Lakes, Minnesota. This was the first house to be constructed on this particular cul-de-
sac. The original house plan presented to us included a 3 -car garage (see Fig 1.)
Fig. 1 Original architect drawing showing proposed home with 3 -car garage
Due to financial limitations at the time of construction, several cuts were made to keep the
building project in line with our budget. These cuts included, but were not limited to, not
installing central air conditioning at the time of construction, eliminating the box window in the
living room, eliminating the decorative brick on the exterior of the building, and constructing
only a 2 car garage rather than a 3 stall garage (see Fig. 2)
FILE COPY
RECEIVED
JAN 1 6 2007
CITY OF LINO LAKES
Fig. 2 Architect drawing showing proposed home (home that was eventually built) with 2 -car garage.
During construction, we understood that while we could not afford any of the above mention
options, we would have the opportunity to add them in the future when money was available.
•
•
While conducting research for this project and completing this variance request, the City of
Lino Lakes Zoning Ordinance 08 -03 was reviewed, specifically Section 6, Subdivision 1, Section
B, Item 4a, describing setbacks. Item 4a provides setbacks from local streets are a minimum
of 30 feet and collector or arterial streets is 40 feet. According to the survey on file for our
property, the minimum setbacks were met. However after reviewing a recent aerial photo of
our property and the surveys on file for the properties to the immediate east and west of the
our property, it is obvious that the minimum setbacks were not enforced for these parcels (see
Fig. 4 - red line shows minimum set back required by City of Lino Lakes Zoning Ordinance 08-
03).
It is reasonable to believe that if the subject property were constructed as originally proposed
with the 3 -stall garage, the minimum setback from the collector or arterial street would have
been breached. We are asking at this time that we be allowed the same rights enjoyed by our
neighbors.
Fig. 4. Aerial photo of subject property and surrounding properties showing minimum setbacks.
FILE COPY
RECEIVED
JAN 1 6 2007
CITY OF LINO LAKES
•
•
Proposal
We are requesting a variance to add a 3rd stall garage onto our existing dwelling. In order to
preserve windows presently located on the north side of the dwelling, the roof line and gable
must be constructed differently than the original design. The new design will allow for a
deeper garage and additional storage space (see Fig 3. and Fig 4. with proposed 3rd stall
addition).
Fig. 3 Architect drawing showing proposed 3rd stall addition.
FILE COPY
REcERJED
JAN 1 6 2007
CITY OF LINO LAKES 1
LEFT (NORTH) ELEVATION
Fig. 4 Architect drawing showing proposed 3rd stall addition.
In order to proceed with the construction, we are requesting a variance that will allow us to build 10
• feet into the northern or collector /arterial street setback. The construction of the garage will not
affect the setback on the city street.
1
ti
PROPOSED GARAGE
EXISTING HOUSE
FLOOR PLAN
FILE COPY
RECEIVD
JAN 1 6 2007
i
CITY OF LIN % L,KES
NORTH
Narrative Information: describing the unique hardship associated with the property, which
warrant the consideration of the variance. All variances are evaluated against the following
criteria:
1. That the property in question cannot be put to reasonable use under the conditions
allowed by official controls.
• We planned to construct a 3rd stall garage onto the north side of our house and
property. We subsequently learned that, based on the minimum setback
requirements as set forth in the City of Lino Lakes Zoning Ordinance No. 08 -03,
the property in question cannot be put to any use as the house on the property
is constructed at the minimum setback requirements for both the city street
and the arterial street. If the ordinance is enforced, we will be prevented from
constructing the third garage stall.
2. That the plight of the landowner is due to physical circumstances unique to the
property, not created by the landowner.
• It is reasonable to believe that if the current house was constructed as
originally proposed with the 3 -stall garage, the minimum setback from the
collector or arterial street would have been violated. Our house would have
been placed on the property in a similar manner to the houses to the
immediate east and west of our property, thus exceeding the 40 foot setback
as required by City of Lino Lakes Zoning Ordinance. We are asking that we be
allowed the same opportunity currently enjoyed by our neighbors, and which
we would have enjoyed had we built the garage at the time of construction.
3. That the hardship is not due to economic consideration alone, if a reasonable use
for the property exists under the terms of the ordinance.
• Construction of a garage on the northern side of the existing dwelling is a
reasonable use for this part of the property. The construction of an additional
single story garage will not create a visual barrier or present a safety hazard for
the city or arterial street.
• Dwellings located to the immediate east and west of our property were clearly
constructed outside of the minimum setback requirements for an arterial street.
• Construction of an additional single story garage would not exceed in any way,
the setback requirements for the city street.
4. 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.
• Many of the homes on the street and in the surrounding neighborhood were
originally constructed with 3 -car garages. We request the opportunity to enjoy
the same privileges shared by our neighbors.
Additionally, granting a variance and allowing construction into the minimum
setback limits to the north by 10 feet will bring our dwelling in -line with the
dwellings located immediately to the east and west of our property.
illRECEIVED .
JAN 1 5 2007
CITY OF LINO LAKES
FILE COPY
• An alternate location for a free standing garage does exist on our property to
the west of the existing dwelling. However, considerable excavation and tree
removal would be required to make this part of the property usable. In
addition, the existing driveway would need to be routed around the exterior of
the dwelling and through a fence line to access the area.
5. That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
• The ordinance is not intended to prevent the construction of homes with three
car garages and in fact, a majority of the homes near us on Tots of a similar
size have three car garages. Additionally, the ordinance is not intended to
prevent homeowners from making upgrades or additions to their homes.
• Construction of a 3rd stall garage will not cause us to encroach on the arterial
road any more than the properties to the east and west of our property. It will
also not render any changes to the minimum setback requirements for the city
street. Keeping in spirit with the ordinance, a variance will allow us all to enjoy
the same privileges and opportunities as our neighbors to the east and west.
RECEIVED
JAN 1 6 2007
CITY OF LINO LAKES
FILE COPY