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Home My WebLink About2004-012 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 04-12 RESOLUTION APPROVING A VARIANCE FROM STREET SETBACK REQUIREMENTS, TO ALLOW A 15 -FOOT SETBACK FOR AN ATTACHED GARAGE WHEREAS, the City has received an application for a Variance which requests that an attached garage be sited with a 15 -foot street setback rather that the required 40 -foot setback for property located at 6262 Otter Lake Road, and WHEREAS, the City's zoning ordinance, in Section 5, subd. 2.B.3.a.2, requires that property zoned R -X have a 40 foot street setback from collector or arterial roads, and WHEREAS, Otter Lake Road is a County road and classed as a major collector roadway under the Lino Lakes Transportation Plan, NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the proposed Variance, as described in the attached staff report, dated January 26, 2004, with the following condition: 1.) The applicants, their successors, and assigns are hereby notified that should Otter Lake Road expand by ten feet or less, neither the City and/or road authority will pay compensation to the property owners for severence damage due to their encroachment in the setback area.. Adopted by the Lino Lakes City Council this 26th day of January, 2004. AGENDA ITEM 7A STAFF ORIGINATOR: Tanda Gretz C.C. MEETING DATE: January 26, 2004 TOPIC: Resolution No. 04 -12: Variance from the required 40' street setback for an attached garage Joseph Kivel 6262 Otter Lake Road ACTION REQUIRED: 3/5 vote BACKGROUND The applicant is asking to site an attached garage 15 feet from the road right -of -way of Otter Lake Road, which is a County road. City Zoning Ordinance, however, states that the street setback on such a road should be 40 feet. The property currently does not contain a garage. Historically, the detached garage that currently exists on the property immediately to the north, at 6266 Otter Lake Road, belonged to the home that is on the Kivel property. A lot split was done in 1979, however, which placed that existing garage on a newly created lot to the north, rather than with the house. Thus, the home on the Kivel property has been without a garage since 1979, while the property to the north has both an attached garage and a detached garage. An access agreement was maintained between the two properties for many years, whereby access to what is now the Kivel property took place via the driveway at 6266. That access agreement expired in July 2001, and at that time Anoka County permitted a driveway to be constructed on the Kivel property. This report is based on the following exhibits: 1.) General Location Map 2.) Correspondence from Anoka County to Mr. Kivel, dated April 20, 2001 3.) Correspondence from Director of Public. Safety, Rick DeGardner 4.) Mr. Kivel's Narrative 5.) Certificate of Survey — dated 11/04/03 City Council January 26, 2004 Kivel Variance ANALYSIS Land Use & Zoning The following chart describes the land use and zoning for the subject site, as well as surrounding properties. Location Guided Land Use Existing Zoning Site Low Density, Unsewered Residential Rural Executive (R -X) West Low Density, Sewered Residential (across 35E) Rural Executive (across 35E) North Low Density, Unsewered Residential Rural Executive (R -X) East Otter Lake Otter Lake South Low Density, Unsewered Residential Rural Executive (R -X) Setbacks The applicant has made alterations to the proposed garage site as a result •of comments from staff and members of the Planning & Zoning Board: whereas previously the garage was to be detached, it is now proposed as an attached garage. As a result of this change, the garage is now sited farther from the road right -of -way. The proposed garage setback is now 15 feet from the front property line, or the street right -of -way. Previous configurations had it placed one foot from the front property line. The City's required setback is 40 feet, so there is still a 25 -foot difference between what the applicant is proposing and what the Zoning Ordinance directs. Additionally, this new configuration also achieves another prime objective of staff and Planning & Zoning Board members: siting the garage outside of Anoka County's stated future right -of -way area. The memo from Roger Butler, Anoka County Traffic Engineering Coordinator (Exhibit 2), states that Anoka will require an additional 10 of right -of -way for Otter Lake Road. With the applicant's new proposal, the garage would result in a setback of five feet from the property line once this additional ten feet is taken, whereas with previous configurations the garage would have been sited within this future right -of -way area Lastly, the new configuration also eliminates the need for a second variance. That is, the variance to allow a detached accessory structure to be placed closer the front lot line that the principle structure is no longer needed because the garage is now attached. City Council January 26, 2004 Kivel Variance Grounds for Variance The applicant is requesting a variance from the required street setback based on the following physical constraints /impediments: a holding tank, a drainfield, and topography which drops on the southern portion of the lot. All three of these constraints constitute legitimate hardships in terms of variance criteria, as they prohibit the applicant from complying with what the ordinance directs. Accessory Building Requirements The Lino Lakes Zoning Ordinance (Sec. 3, subd. 4.D.8.f) directs that the subject property be allowed up to 1,200 sq.ft. of accessory building square footage. Additionally, the number of accessory buildings is limited to either two detached accessory structures OR one detached and one attached structure. The proposed garage would meet these requirements. The Zoning Ordinance (Sec. 5, subd. 2.C.3) further states that all dwellings located in the R -X District shall have a double garage. Otter Lake Road Right -of -Way The County reports it currently has 50 feet of right -of -way east of the centerline of Otter Lake Road, but that it will require an additional 10 feet of right -of -way for future road improvements, for a total of 60 feet of right -of -way east of the centerline. The applicant's current proposal sites the garage 15 feet from the current right-of- way/property line under (50 feet R.O.W.), which would then decrease to 5 feet from the right -of -way /property line under the future Anoka conditions (60 feet R.O.W.). Additionally, the Lino Lakes Park & Trail plan shows a future trail to be located along Otter Lake Road. Public Services Director Rick DeGardner states that any such future trail should be adequately accommodated within the 60 feet right -of -way that the County requires (Exhibit #3). Anoka County Right -of -Way Acquisitions staff person Mike Kelly, however, counsels that Anoka County — in light of budget cuts — is currently reviewing how it administers its right -of -way and urged Lino Lakes to consider its own right -of -way needs for paths /trails in situations such as the subject application, rather than fully relying on the County. Neighboring Property to the North Planning & Zoning Board members requested that the applicant explore a possible purchase or land swap with his neighbor to the north, whereby it might be possible to construct a driveway on the north side of the home which would lead to a garage site on City Council January 26, 2004 Kivel Variance the lake -side of the home. The applicant has reported that his neighbor has no interest in selling or swapping land. Planning & Zoning Board Recommendation The above report was presented at the October 8, 2003 and January 14, 2004 meeting of the Planning & Zoning Board. After consideration of the issues, the board voted to approve the proposed Variance (4 -0), with the condition noted. Conclusion There is definitely hardship demonstrated in the form of the location of the holding tank, drain field, and topography, the locations of which are precluding a garage from being sited in areas which would satisfy zoning ordinance requirements. For these reasons, staff would recommend approval of this variance, with the following condition: 1.) The applicants, their successors, and assigns are hereby notified that should Otter Lake Road expand by ten feet or less, neither the City and/or road authority will pay compensation to the property owners for severance damages due to their encroachment in the setback area. OPTIONS 1.) Approve the proposed variance. 2.) Deny the proposed variance. 3.) Return to staff with direction. RECOMMENDATION Option #1 ERVM_iE .LAKES ASH- STREET Joe Kivel 1648 Concordia Ave. St. Paul, MN 55104 COUNTY OF EXHIBIT # 2- Public Services Division HIGHWAY DEPARTMENT ' 1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304 -4005 (763) 862 -4200 FAX (763) 862 -4201 April 20, 2001 Mr. Kivel, We have reviewed your request for a residential access to.the property at 6262 Otter Lake Road (CR 84) in the City of Lino Lakes and offer the following comments: • It is our understanding that access to this property is presently being made via an access easement/agreement across the adjacent property directly to the north. Additionally, we understand that this ingress/egress access agreement will expire on July 31, 2001. Consequently, direct access to CR 84 (Otter Lake Road) from your property will be necessary at that time. • A driveway onto CR 84 from the property at 6282 Otter Lake Road will be permitted provided it is located within thirty feet of the north property line. • There is currently fifty feet of Right of Way east of centerline on CR 84 (Otter Lake Road). An additional 10 feet (for a total of 60 feet east of centerline) will be required for future reconstruction of CR 84 (Otter. Lake Road). Therefore, city requirements for building set backs should be based on a future Right of Way width of sixty feet east of centerline. • An Anoka County Highway Department Residential Access Permit will be required and shall be obtained prior to any construction activity with Anoka County Right of Way. There is a $60.00 processing fee for residential access permits. • Anoka County Highway Department will determine any culvert requirements for a driveway at this location. If a culvert is required it must meet our specifications for length, diameter, and end treatments. Thank you for the opportunity to review this property for a residential driveway. If you have any questions regarding these comments or the permit process please feel free to contact me at (763) 882 -4216. • Sincerely, Roger Butler Traffic Engineering Coordinator xc: C,'yy�, of in2 .Laket?I/q�,/�,,nivtc Qepartmer#,� Josie S otPermit Technician ACHD Driveway File, CR 84 Affirmative Action / Equal Opportunity Employer EXHIBIT # 3 Tanda Gretz rom: Rick Degardner ent: Monday, September 08, 2003 1:22 PM To: Tanda Gretz Subject: RE: Paths/Sidewalks for Otter Lake Road? Any future trails along Otter Lake Road will occur within the County's right -of -way. Therefore, the County's position to acquire a total of 60 feet east of the centerline is adequate from a future trails standpoint. Rick -- Original Message--- - From: Tanda Gretz Sent Monday, September 08, 2003 12:17 PM To: Rick Degardner Subject: Paths/Sidewalks for Otter Lake Road? Rick - I am working with two residents along Otter Lake Road who are exploring variances for detached garages, to be located quite close to Otter Lake Road. My understanding from Anoka County is that the County currently has 50 feet of right of way (east of centerline), but they are looking to acquire 60 feet. My question for you: would the City be looking to get additional right of way on the east side of Otter Lake Road for the construction of a sidewalk or pathway at some point in the future? Thanks! -Tanda CITY OF LINO LAKES EXHIBIT # PLEASE ACCEPT THIS LE'1]r1t AS EXPLINATION FOR MY NEED FOR VARIANCE TO BUILD A GARAGE LOCATED AT 6262 OTTER LAKE ROAD. THE HOUSE IS LOCATED ON THE THE N.W. CORNER OF THE LOT NEXT TO THE NIEGHBORS PROPERTY LINE LOCATED JUST NORTH OF THE HOUSE AND THE SEPTIC SYSTEM (MOUND SEPTIC SYSTEM) IS LOCATED ON THE SOUTH SIDE OF THE HOME .ACCORDING TO THE SOIL TESTS AND ENGINEERING DOCUMENTS (CITY HAS THESE DOCUMENTS ON FILE),THIS IS THE ONLY SPOT THE MOUND SYSL'EM COULD BE LOCATED. THESE TWO REASONS MAKE IT IMPOSSIBLE TO BUILD A GARAGE ON THE SIDE OF OR TO THE BACK OF THE PROPERTY. THE PROPOSED GARAGE WOULD BE AT LEAST 45' FROM OTTER. LAKE ROAD AND BUILT WITH ALL OTHER CONSIDERATIONS TO LINO LAKES CITY CODES.. I CAN BE REACHED AT WORK 651- 702- 9579r- 651- 999 -0421 IF YOU IIAVE ANY QUESTIONS. THANK-YOU FOR YOUR TIME AND CONSIDERATION. JOSEPH KIVEL 6262 OTTER LAKE ROAD LINO LAKES MN 55110 CERTIFICATE OF SURVEY FOR JOE KIVEL _) / r. t (��) MA6 mo•Y ` /se / / / / / BENCIMARICI sod 3301 11 3d P00644100470 OP 01101 LAKE 60.0 • OAT LATE OA INIERSECA GooAlltlt OA. 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