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HomeMy WebLinkAbout2007-074 Council Resolution Council Member Carlson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-74 RESOLUTION APPROVING A VARIANCE TO THE LOCAL STREET SETBACK FOR THE PROPERTY AT 8020 DANUBE STREET. WHEREAS,the City has received an application for a porch addition to the dwelling at 8020 Danube Street; and WHEREAS, the development requires approval of a variance to the local street setback of 30 feet; and WHEREAS, a public hearing was held before the Planning& Zoning Board on May 9, 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: f. 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 areasonable use without the addition of a porch covered with a roof structure. g. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The existing structures lack of a significant entry feature and the placement of the existing home only 15 inches from the front setback are physical circumstances that were not created by the current landowner. h. 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 the proposed covered porch under the strict enforcement of the zoning ordinance. • i. 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. Allowing a 1.5 foot variance to the 27 foot setback(based on the 3 foot encroachment allowed) is very minor in scope at roughly 5% and would not confer onto the applicant any special privilege. j. 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 a 1.5 foot encroachment that is only 10 feet in width would not violate that spirit or intent. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the Variance to the Local Street Setback for the proposed porch addition to the home at 8020 Danube Street to which the following conditions of approval apply: 1. All materials and construction methods for the proposed addition shall be consistent with that of the existing dwelling. 2. This review is based on the application materials submitted by the applicant on April 9, 2007. • Passed by the Lino Lakes City Council thi day of May 2007. Jo . BerpKn, Wayor ATTEST: ell, Cit Cler Adopted by the Lino Lakes City Council this 29th day of May, 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, O'Donnell, Bergeson The following voted against same: Absent - Reinert Whereupon said resolution was declared duly passed and adopted. • II • AGENDA ITEM 6.A. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: May 29, 2007 TOPIC: Resolution 07-74 Variance to the Local Street Setback To allow a Porch Addition BACKGROUND Jim Schally has requested approval of a Variance from the Local Street Setback (30 feet) to allow a covered porch addition that would be 25.5 feet from Danube Street. The proposed porch addition is part of a larger project that involved the removal of the detached garage and remodel of the existing structure. The rest of the project met all setback requirements and was therefore approved by the Building Department. The porch is the only thing that will encroach, a total of 4.5 feet into the Danube Street setback. The site is located north of Main Street and east of Lake Drive within the Pine Haven subdivision. 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 Guided Land Use Existing Use Zonin Site Residential Low Density Unsewered Residential Rural North Residential Low Density Unsewered Residential Rural South Residential Low Density Unsewered Residential Rural East Residential Low Density Unsewered Residential Rural West Residential Low Density Unsewered Residential Rural Streets: Danube Street is a 30 foot wide street developed within a 60 foot right of way, and serves only 11 homes therefore the Zoning Ordinance classifies it as a local street. Setbacks: The lot is zoned R(Rural) and is required to adhere to the following setbacks established in the Zoning Ordinance: From Streets: Rear Yard: Local Street Thirty(30)Feet Principal Building Thirty(30)Feet Collector or Arterial Street Forty(40)Feet Accessory Building Five(30)Feet • Side Yard: Principal Building Ten(10)Feet Accessory Building Five(5)Feet The Zoning Ordinance also allows encroachments into setbacks for certain types of construction. The encroachment section allows the following: Permitted Yard Encroachments. The following shall not be considered as encroachments on setback requirements subject to other conditions provided herein: a. All Yards. 2) Posts, flues, belt course, bay windows, leaders, sills, pilaster, eaves, gutters, awnings, open terraces, open canopies, chimneys, ornamental features, open fire escapes extending from the principal structure, provided they do not project more than three (3) feet into a required setback. 3) Uncovered porches, decks, balconies, stoops, or similar features provided: a. The decking shall not extend above the height of the floor of the ground floor level of the principal structure though railings may be higher, and b. They shall not extend to a distance less than five(5) feet from any side or rear lot line, and • C. They shall not extend to a distance less than twenty (20) feet of any lot line abutting a street, and d. They shall not extend to a distance less than one (1) foot from any existing or proposed access drive, and e. No encroachment shall be permitted in existing or required drainage and utility easements. Because the proposed porch addition includes a roof structure and support posts, requirement 2 above does not allow it to encroach into a setback by more than 3 feet. If uncovered, the porch could encroach up to 10 feet as shown under number 3.c. above. The variance is essentially for the 1.5 feet of additional encroachment that would be required for the proposed improvement. As such, staff considers the encroachment to be a 1.5 foot encroachment of the 27 feet (considering the 3 foot allowance from number 2 above)meaning the encroachment would be roughly 5 percent. Additionally,the existing detached garage that was being removed for the project was encroaching into the front setback and therefore the project is eliminating an existing non- conformity. Findings: State law requires the following finings to be made in order to grant the approval of a variance. • Staff has completed the findings in regards to the upland lot area reduction based on the revised submittal: • FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: 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 porch covered with a roof structure. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The existing structures lack of a significant entry feature and the placement of the existing home only 15 inches from the front setback are physical circumstances that were not created by the current landowner. 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 the proposed covered porch 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. Allowing a 1.5 foot variance to the 27 foot setback (based on the 3 foot encroachment allowed) is very minor in scope at roughly 5% and would not confer onto 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 a 1.5 foot encroachment that is only 10 feet in width would not violate that spirit or intent. RECOMMENDATION Staff is recommending adoption of Resolution No. 07-74 based on the finding of fact in the body of the Resolution and the plans submitted on April 9, 2007. Attachments: 1. Resolution No. 07-74 • 2. Schally Plan Packet Received April 9, 2007. Record ID 1826810 Cl,T IC} F CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 07-74 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) 1993704 . 004 - 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. 07-74, a resolution approving a variance to the local street setback at 8020 Danube Street (Lot 12, Block 2, Pine Haven), approved by the City Council on May 29, 2007, 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 June 6, 2007. ,r. 600 Town Center Parkway, Lino Lakes,MN 55014 Phone: 651-982-2400 Fax: 651-982-2499 Council Member Carlson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-74 RESOLUTION APPROVING A VARIANCE TO THE LOCAL STREET SETBACK FOR THE PROPERTY AT 8020 DANUBE STREET. L6-1 fZ, R)ock 2-,'imeffaver) WHEREAS, the City has received an application for a porch addition to the dwelling at 8020 Danube Street; and WHEREAS, the development requires approval of a variance to the local street setback of 30 feet; and WHEREAS, a public hearing was held before the Planning& Zoning Board on May 9, 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: f. 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 porch covered with a roof structure. g. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The existing structures lack of a significant entry feature and the placement of the existing home only 15 inches from the front setback are physical circumstances that were not created by the current landowner. h. 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 the proposed covered porch under the strict enforcement of the zoning ordinance. i. 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. Allowing a 1.5 foot variance to the 27 foot setback (based on the 3 foot encroachment allowed) is very minor in scope at roughly 5% and would not confer onto the applicant any special privilege. j. 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 a 1.5 foot encroachment that is only 10 feet in width would not violate that spirit or intent. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the Variance to the Local Street Setback for the proposed porch addition to the home at 8020 Danube Street to which the following conditions of approval apply: 1. All materials and construction methods for the proposed addition shall be consistent with that of the existing dwelling. 2. This review is based on the application materials submitted by the applicant on April 9,2007. Passed by-the Lino Lakes City Council thi day of May 2007. Jo . Ber on, ayor ATTE T: ell, CitCler Adopted by the Lino Lakes City Council this 29th day of May, 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, O'Donnell, Bergeson The following voted against same: Absent- - Reinert Whereupon said resolution was declared duly passed and adopted. -- --- --- - --- — - - ----- ----- --------- A:'�JOKA COUNTY MINNESOTA Document No.: 1993704.004 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 06/11/2007 2:50:00 PM Fees,Taxes In the Amount of $46.00 MAUREEN J. DEVINE Anoka County Property Tax AdministratorrReeorder,Registrar of Titles BMC, Deputy Record ID: 1826810