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HomeMy WebLinkAbout2004-110 Council Resolution• CITY OF LINO LAKES RESOLUTION NO. 04-110 RESOLUTION APPROVING A VARIANCE ALLOWING A 3.9 FOOT SIDE SETBACK FOR AN ACCESSORY BUILDING WHERE 5 FEET IS REQUIRED WHEREAS, the City has received an application for a Variance requesting that an attached accessory building be sited 3.9 feet from the side lot line, and WHEREAS, the City's zoning ordinance, in Section 6, subd. 1.B.4.c., requires accessory buildings to be sited a minimum of 5 feet from any side lot line, and NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the proposed Variance, as described in the attached staff report, dated July 26, 2004 Adopted by the Lino Lakes City Council this 26th day of July, 2004. ATTEST: Ann Blair, ty Clerk • • AGENDA ITEM 6.G STAFF ORIGINATOR: Paul F. Bengtson C.C. MEETING DATE: July 26, 2004 TOPIC: Resolution Number 04 -110: Variance to allow a 3.9 -foot side yard setback for an accessory building where 5.0 feet is required. Curt and Kelly Monson — Bacchus Homes, Inc. 6396 Langer Lane ACTION REQUIRED: 3/5 vote BACKGROUND November 13, 2003 the City of Lino Lakes issued a single - family home — new construction building permit to Bacchus Homes, Inc. for 6396 Langer Lane (Lot 22 Block 2 of Clearwater Creek 5th Addition). The survey submitted with the building permit application on November 5, 2003 indicated the required 5 -foot side setback for the attached accessory structure (garage) as is required by the City of Lino Lakes Zoning Ordinance. The permit was issued based on this proof of compliance with the zoning code requirements. The City of Lino Lakes requires all new construction to submit an "As- Built" survey verifying that the structures are built to the approved specifications. In the case of the subject property, the "As- Built" survey indicated that the attached accessory structure (garage) had actually been built to a 3.9 -foot side setback rather than the 5 -foot side setback as required by the City of Lino Lakes Zoning Ordinance. The applicant is now requesting that a variance of 1.1 feet be granted from the ordinance requirements. This review is based on the following plan submittals: General Location Map Building Permit Number 0301259 Certificate of Survey (As- Built) November 5, 2003 June 24, 2004 • • • Bacchus Variance July 14, 2004 page 2 ANALYSIS Land Use and Zoning The following table summarizes the zoning and land use of the subject property, as well as surrounding properties: Location Guided Land Use Existing Zoning Subject Property Low Density, Sewered Residential R -1 (Single Family Residential) PDO (Planned Development Overlay) North Low Density, Sewered Residential R -1 (Single Family Residential) PDO (Planned Development Overlay) East Low Density, Sewered Residential R -1 (Single Family Residential) PDO (Planned Development Overlay) South Low Density, Sewered Residential R -1 (Single Family Residential) PDO (Planned Development Overlay) West Low Density, Sewered Residential R -1 (Single Family Residential) PDO (Planned Development Overlay) Setback Requirements Section 6, Subdivision 1 of the City of Lino Lakes Zoning Ordinance requires a 5 -foot side setback for all accessory structures. The applicant was issued permits for the subject site based on a survey submitted with the building permit application that met this requirement. Construction of the single - family dwelling was completed and the "As- Built" survey of the property indicated that the 5 -foot setback was no longer being met. Specifically, a variance to allow a 3.9 -foot side setback where 5 feet is required is now being requested by the builder post construction. The property line for which the setback variance is being requested adjoins a community open space and thus the distance between dwellings will not be significantly reduced. PLANNING AND ZONING BOARD The above report was presented to the Planning and Zoning board at the July 14th meeting. After consideration of the issues, the board voted to recommend approval of the proposed variance. OPTIONS 1. Approve Resolution 04 -110 and the proposed Variance. 2. Deny Resolution 04 -110 and the proposed Variance. 3. Return to staff with direction. RECOMMENDATION Staff recommends approval of Resolution 04 -110 and this Variance request. • 6396 Langer Lane M 1 kF LlCPTtot Su 4 0 () x CERTIFICATE OF SURVEY for BACCHUS HOMES, INC. Denotes Wood Stake Set For Excavation Only Denotes Surface Drainage Denotes Proposed Elevation Denotes Existing Elevation 929.6 Top of Block Elevation ® House 928.2. Top of Block Elevation ® Garage 927.8 Gorage Floor Elevation 924.7 Top of Block ® Lookout Window Sill 921.5 Lowest Floor Elevation Type of Building: A Wood Frame House Benchmark: T.N.H. ® Lot 15, Block 3 Elevation = 927.81 ALL BUILDING DIMENSIONS AND FLOOR ELEVATIONS MUST BE VERIFIED BY BUILDER. LOWEST POSSIBLE OPENING ELEVATION = 924.5 PER GRADING PLAN. 924.1 Proposed Contours per Grading Plan oo., 926.0 921.9 x 921.1 _N. - b Top of Hub Elev.= 927.11 926 926.0 C 925.6E o GJ Scale: 1" = 30' • Denotes iron pipe monument found, marked "RLS 10947 ". The orientation of this Bearing System is based upon the recorded plat of CLEARWATER CREEK 5TH ADDI77ON. 24.0 Top of Hub Iev.= 925.34 CAN 925.5 T/C ^ Qv 925.09.T � ( „ '+t Lot 22, Block 2, CLEARWATER CREEK 5TH ADDITION, Anoka County, Minnesota. MIDWEST Land Surveyors & Civil Engineers, Inc. 710 East River Road. Anoka, MN. 55303 Ph. 763 -712 -9099 Fox: 763 - 712 -9055 Job No. 03 -377 Book —Page DCF Acod File 03 -377 ©2003— Midwest Land Surveyors & Civil Engineers, Inc. — All Rights Reserved. 924.77 924 99 1 hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the lows of the State of Minnesota. and No certification whatsoever is extended to subsequent owners, mortgagees or title insurers, unless this survey has been reacted for this purpose by the surveyor. Dated this .3rd of November 2003. BY / - 1Registration No. 25343 j�'es E. Napier - Minh ds a to Licensed Land Surveyor Asbuilt Dated this day of 20 _ . 0 ( ) x CERTIFICATE OF Denotes Wood Stake Set For Excavation Only Denotes Surface Drainage Denotes Proposed Elevation Denotes Existing Elevation 929.8 92 Top of Block Elevation ® House Top of Block Elevation ® Garage Garage Floor Elevation 924.7 Top of Block ® Lookout Window Sill 921.5 Lowest Floor Elevation 929.0 928.6 927.0 924.9 for BACCHUS HOMES, 921.7 Type of Building: A Wood Frame House Benchmark: T.N.H. ® Lot 15, Block 3 Elevation = 927.81 4-(55.7)$ Denotes asbuilt elevation 924.0 SURVEY INC. ALL BUILDING DIMENSIONS AND FLOOR ELEVATIONS MUST BE VERIFIED BY BUILDER. LOWEST POSSIBLE OPENING ELEVATION = 924.5 PER GRADING PLAN. Proposed Contours per Grading Plan ()* k • A 928.0 I -c \14 O Ea / Scale: 1" = 30' • Denotes iron pipe monument found, marked "RLS 10947': The orientation of this Bearing System is based upon the recorded plat of CLEARWATER CREEK 5TH ADDITION. cP Lot 22, Block 2, CLEARWATER CREEK 5TH ADDITION, Anoka County, Minnesota. 924.77 T/C 924.99 T/C Qv 925.09 #911(ia r MIDWEST Land Surveyors & Civil Engineers, Inc. 710 East River Road. Anoka, MN. 55303 Ph. 763- 712 -9099 Fox: 763 - 712 -9055 Job No. 03 -377 Book —Page DCF Acod File 03 -377 ©2003— Midwest Lond Surveyors & Civil Engineers, Inc. — All Rights Reserved. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Lond Surveyor under the lows of the State of Minnesota. and No certification whatsoever-Its-extended-4a 'serbsequent owners, mortgagees or tit /e insurers, unless this survey hoe been''redoted for this purpose by the surveyor. Dated this 3rd day-Of 'November 2003. By Registration No. 25343 James E Napier - Minnesota'Licensed Land Surveyor Asbuilt ✓ Dated this 28th day of May 2004.