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HomeMy WebLinkAbout2004-051 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 04-51 RESOLUTION DENYING VARIANCES FOR LOT AREA AND LOT WIDTH, 1612 BIRCH STREET WHEREAS, a request has been submitted to the City for the approval of variances for lot area and lot width to allow a minor subdivision at 1612 Birch Street, 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: a. The property in question can be put to a reasonable use if used under conditions allowed by the official controls. The site is being used for a single family home. Under the current comprehensive plan, the site will be eligible for development and MUSA after year 2010. b. The plight of the landowners is not due to physical circumstances unique to his property not created by the land owner. The lot was created in year 2000, the result of splitting 40 acres into 15 acres and 25 acres. The site is rectangular and developable in the time frame laid out by the comprehensive plan. c. The variance request is based on economic considerations. d. Granting the variance requested will confer on the applicant special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. e. The proposed actions will not be in keeping with the spirit and intent of the ordinance. The Rural district purposes include the statement that the district is designed and intended to aid in guiding development toward fulfillment of the Comprehensive Plan and to serve the following functions: 1. To preserve productive land for agricultural use and maintain "open space" within and near to urban areas. 2. To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. 3 To provide a method by which the urban farm can be guided so as to control urban sprawl and still conserve land in an economic status until such time as the need is present for an amendment to the Comprehensive Plan. 4. To reduce the possibilities of rural-urban conflicts in establishing types and levels of service, methods of financing the services and needs. To maintain an acceptable per capita cost for such services as sanitary sewer, water, police, fire, road maintenance, school transportation, and other necessary services. The comprehensive plan establishes a growth strategy which includes prohibiting new lots less than 10 acres in staged growth areas. Departing from this would interfere with the orderly design intended to preserve continuity and efficiency of service. Future development will be reviewed based on complete information for the proposed development. f. The City has a growth management target for new lots and has reached its quota for new lots for year 2004. Creating another lot would exceed even the discretionary 20% flexibility for 2004. The variances would allow the creation of an additional lot which would violate the growth management policy of Ordinance No. 01 -03. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby denies the applications for variances for lot area, lot width, and road frontage. Adopted by the Lino Lakes City Council this day of , 2004. Joh ' J. Bergeson, ayor Resolution No. 04 -51, page 2 7"` t d_. MAR 2 2E:6 CITY OF LAIR4.,4 1 / /if„ _,. . ,(2,r 1 a .L.✓ _'_ tea► i .04111ed /i_ Alle� �__�_ to € rci!I_ee! @_seer po0p�rWQ itDt �is b �CitTiCi© Dig ©ZIG GZZIall ----- ---- -- --- --- --- ---- - -- � I _ milzttlaul vAt,472#2,1,57 oroQ_ouGID' ■C'� �� no ocusonaiit simsmmi 1■10....pppL /®11® 111111111 PROPOSED LAND USE PLAN (DETAIL) LINO LAKES COMPREHENSIVE PLAN ftr LOW DENSITY SEWERED RESIDENTIAL ZONING MAP DETAIL SKETCH. t:::1ESCfii'I'TION North Line of the NOO°16'18 "W ' 492.14. 47,30 BIRCH STREET N88 °42'35 "W West 1/4 Corner 494.57 Sec. 26, T31, R22 i Anoka County, C.I.M. i Elev. Mon. =909.72 i .i 1' N 320.06 ANOKA RIG 320.06 N NORTH . • For Martha Houle 707 Harriet Avenue Shorevietu, MN 55126 Tel: 482 -8979 • Of Pert of the: NW 1/4 of the SW 1/4 Sec. 28, T 91, .R 22 Anoka County, MN AREAS - Parcel A: Total Area wi 12.5 Acres Right. -of -Way 0.30 Acres - Parcel B: Total Area - 2.5 Acres Right -of -Way.. 0.54 Acres PARCEL A .0 • U) 0 24.7)1 EXISTING HOUSE EXISTING ' BARN GC„,‘' • '— NO.00 NW1 /4_.of SW1 /4 of Sec.26 COUNTY -0R —WAY NEr4L25"), r— AR C.S.A.H.10 174.51 r PHIGHWAY • ' ''PLAT NO . ��. 169.13 g9 I, M � 6. 434" to 6 1/46,9, M • W ▪ W In N 6 i r.� wu-VI • 320.06 rr SOUTH LINE OF THE NORTH 341 FEET OF. THE NW 1/4 OF THE SW 1/4 OF SEC. 28 The West 494.50 feet of. the Northwest Quarter of : the Southwest Quarter of Section..26, Township 31, Range 22, Anoka 'County, Minnesota, Except the North 341 feet of the West 320 feet thereof.. Subject to easements of record. • •PARCEL • The North 341 feet of 'the West 320 feet of the West. 494.50 feet of the Northwest Quarter of the Southwest Quarter of Section 26, Township 31, Range .22, Anoka County, Minnesota. Subject to easements of record. LEGEND 0 DENOTES ANOKA COUNTY R/W MONUMENT FOUND { DENOTES ANOKA COUNTY CAST IRON MONUMENT DENOTES IRON MONUMENT SET X 1011.2 DENOTES EXISTING ELEVATION. ' • DENOTES DIRECTION OF DRAINAGE. IYc DENOTES LOWLAND (NO WETLAND DELINEATION COMPLETED OR APPROVED BY ANY GOVT AGENCIES) Scale 1 "= 100' 24.79 • JOB# 98.640 DIV. _t South Line of the NWT /4 of SWI /4 of Sec.26—'. 7- I hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that / om a duly Registered. Land Surveyor under the laws of the State. of Minnesota. Doted this 7b day of Febpua.9/ 2002 • License No. 'YliT7c9 BnotUD 4 SONS, INC. LAND SURVEYORS 9i80 LEXINGTON AVE. NO. CIRCLE PINES, MINNESOTA 5 5 014 -3 62 5 TEL. 163 - 186 -6666 PAX 163 -1S6 -6001 STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: VOTE: AGENDA ITEM 6. D Jeff Smyser April 26, 2004 Resolution 04 -51 Denying Variances for Lot Area, Lot Width 1612 Birch St. 3/5 BACKGROUND Martha Houle and John DeHaven have submitted a request for variances from requirements for minimum lot area and lot width. Their property at 1612 Birch St. comprises 15 acres. They wish to divide the property into two parcels. This would be a minor subdivision and does not require public review: it is done administratively. However, the subdivision proposal does not meet lot dimension requirements. The property owners have requested the variances from those requirements. A variance requires the review of the P & Z and the City Council. ANALYSIS Land Use and Zoning: The following table lists land uses and zoning for the site. Location Existing Land Use Guided Land Use Existing Zoning Site rural residential Medium Density Resid., stage 2 (post 2010) Rural North agricultural Low Density Sewered Resid. R -1X South rural residential Low Density Unsewered Resid. Rural East rural resid. and vacant Public Semi- Public and Low Density Unsewered Resid. Rural West urban residential Low Density Sewered Resid. R-1X The site is in a stage 2 growth area, which is intended for development after year 2010. The site is not in the current MUSA. The site is zoned Rural. In the Rural zoning district the following requirements apply: • minimum lot area (unsewered lot) 10 acres minimum lot width 330 feet The intent of the staged growth areas is to guide land for future development, but to prevent it from being subdivided so as to interfere with future development. The comprehensive plan and the zoning ordinance require the ten acres for rural areas. A rural clustering alternative is offered Houle/DeHaven page 2 for areas outside of the staged growth areas, but is specifically prohibited within staged growth areas. The other Rural zone option, a one -acre lot, applies only where a habitable single family home existed prior to 1992. The building permit for the existing house was issued in 1998. The property was 40 acres at that time. In 2000, the City Council approved a minor subdivision to split the 40 acres into the present two parcels of 15 and 25 acres. Growth Management: As shown on the attached table, the City has reached its quota for new lots for year 2004. Other applications listed for year 2005 all are within the staged 1 growth area (pre - 2010). Several are within the existing MUSA. Creating another lot would exceed even the 20% flexibility for 2004. Variance 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 site is being used for a single family home. Under the current comprehensive plan, the site will be eligible for development and MUSA year 2010. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. The lot was created in year 2000, the result of splitting 40 acres into 15 acres and 25 acres. The site is rectangular and developable in the time frame laid out by the comprehensive plan. . That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. It appears that economic considerations are the driving force behind the application. 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. Granting this variance would be granting special privilege that is not available to others. . That the proposed actions will be in keeping with the spirit and intent of the ordinance. The Rural district purposes include the following: Houle/DeHaven page 3 This district is designed and intended to aid in guiding development toward fulfillment of the Comprehensive Plan and to serve the following functions: 1. To preserve productive land for agricultural use and maintain "open space" within and near to urban areas. 2. To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. 3. To provide a method by which the urban farm can be guided so as to control urban sprawl and still conserve land in an economic status until such time as the need is present for an amendment to the Comprehensive Plan. 4. To reduce the possibilities of rural-urban conflicts in establishing types and levels of service, methods of financing the services and needs. To maintain an acceptable per capita cost for such services as sanitary sewer, water, police, fire, road maintenance, school transportation, and other necessary services. The comprehensive plan establishes a growth strategy which includes prohibiting new lots less than 10 acres in staged growth areas. Departing from this would interfere with the orderly design intended to preserve continuity and efficiency of service. Future development will be reviewed based on complete information for the proposed development. PLANNING & ZONING BOARD The P & Z recommended approval of the variances at its April 14 meeting. OPTIONS 1. Approve the requested variances for lot area and lot width. 2. Deny the variances. RECOMMENDATION Option 2 The proposed variances would provide for a minor subdivision that is inconsistent with the comprehensive plan strategy. A new lot would exceed the allowable growth under the growth management policy. The variance request is based on economic considerations. This report is based on the following information: Sketch & Description received March 24, 2004 Letter from Martha Houle/DeHaven, dated 2/24/04, received March 24, 2004