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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