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Home My WebLink About2004-180 Council ResolutionAGENDA ITEM 6.B. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: December 13, 2004 TOPIC: Resolution 04-1-50-1? 0 Variance Request: Lot Area, Lot Width, Road Frontage St. Paul Regional Water Services VOTE: 3/5 BACKGROUND St. Paul Regional Water Services has requested approval of variances for required road frontage, minimum lot area, and minimum lot width to allow the division of the subject sites by an administrative minor subdivision. The comprehensive plan guides both sites for Public / Semi - Public uses and it is zoned PSP (Public / Semi - Public). The attached location map designates the sites as Parcels 3 and 21, and these designations will be used throughout this report to differentiate the two sites. The city granted similar variances for parcel 20 (as shown on the location map) in April of this year. NALYSIS 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. Parcel 3 : Centerville Lake Location Existing Land Use Guided Land Use Existing Zoning PSP Site Vacant Public / Semi- Public North Vacant City of Centerville N/A South Vacant Public / Semi - Public PSP East Lake N/A N/A West Anoka County Park Single Family Residential Public / Semi - Public City of Centerville PSP N/A Parcel 3 is located on the west side of Centerville Lake, running parallel but not adjacent to Main Street. This parcel has approximately 2,650 feet of lake frontage, but does not have any road frontage. The proposed subdivision will result in the creation of 2 new parcels, Parcel A will be 3.702 acres and Parcel B will be .614 dWres. Parcel A will be sold to Anoka County for parkland and Parcel B will be offered to adjacent private roperty owners. St. Paul Regional Water Services, page 2 •arcel 21 : Peltier Lake Location Existing Land Use Guided Land Use Existing Zoning Site Vacant Public / Semi -Public PSP North Vacant Public / Semi- Public PSP South Vacant Public / Semi - Public PSP East Lake N/A N/A West Vacant Public / Semi - Public PSP Parcel 21 is located on the west side of Peltier Lake and has approximately 1,850 feet of lake frontage, but again does not have any road frontage. The proposed subdivision will result in the creation of 2 new parcels, Parcel A will be 10.014 acres and Parcel B will be 1.206 acres. Parcel A will be sold to Anoka County for inclusion into the regional park and Parcel B will be sold to Anoka County for roadway. The minimum requirements within the PSP zoning district are as follows: Minimum Lot Area (Unsewered) 10 Acres Minimum Lot Width 150 Feet In addition, the subdivision ordinance requires that `all lots shall have frontage on an improved public street that provides the required lot width at the minimum front yard setback'. e proposed minor subdivision will divide both lots into two of which none will not meet the above requirements. 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. Both sites are almost completely surrounded by the lake and the regional park reserve, and would not be able to be developed as usable parcels due to the lack of road frontage. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The physical shape, location and isolated nature of the parcels prevent use for anything other than park reserve or private lake access for adjacent property owners. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. Economic considerations is not a major factor in this proposal, the intent is to minimize the applicant's lakeshore holdings for the future. • St. Paul Regional Water Services, page 3 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. There are very few other situations that can be compared to this one. Land locked parcels owned and operated almost exclusively for public purposes would receive the same consideration. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. As stated in the zoning ordinance, the PSP zoning district is `designed and intended to aid in guiding development towards fulfillment of the Comprehensive Plan and to serve the following functions: 1. To provide the community with properly located schools, colleges, and health institutions. 2. To provide the community with properly located public services, public utilities, and public or private communication antennas. 3. To provide the community with properly located open green space, parks, playgrounds and recreational facilities. 4. To relate public and semi - public locations with thoroughfare systems.' The proposed minor subdivisions and variances provide additional public open space by adding land to the park reserve. •LANNENG AND ZONING BOARD The Planning and Zoning board recommended approval of this action at their November 10, 2004 meeting, subject to the conditions listed below. OPTIONS 1. Approve the project, including: a. Varaince to the minimum road frontage requirements b. Variance to the minimum lot area and width requirements 2. Deny the project. 3. Return to staff with direction. RECOMMENDATION Option 1, subject to the following condition: 1. When ownership of these properties change hands the new owner(s) are required to combine them with adjacent parcels to avoid creating a new parcel. ATTACHMENTS 1. Location Map 2. Administrative Survey of Parcel 21 received October 29, 2004 3. Administrative Survey of Parcel 3 received September, 27, 2004 • • CITY OF LINO LAKES RESOLUTION NO. 04-180 APPROVING VARIANCES TO THE REQUIREMENTS FOR LOT AREA, LOT WIDTH, AND ROAD FRONTAGE FOR THE ST. PAUL REGIONAL WATER SERVICES. WHEREAS, a request has been submitted to the City for the approval of a minor subdivision which requires variances for lot area, lot width, and road frontage, and WHEREAS, review and approvals of variances are governed by state statutes and City ordinances, and W}IEREAS, the sites described in the legal description in Attachment A, and WHEREAS, the Lino Lakes City Council makes the following findings: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Both sites are almost completely surrounded by the lake and the regional park reserve, and would not be able to be developed as usable parcels due to the lack of road frontage. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The physical shape, location and isolated nature of the parcels prevent use for anything other than park reserve or private lake access for adjacent property owners. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. Economic considerations is not a major factor in this proposal, the intent is to minimize the applicant's lakeshore holdings for the future. 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. There are very few other situations that can be compared to this one. Land locked parcels owned and operated almost exclusively for public purposes would receive the same consideration. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. As stated in the zoning ordinance, the PSP zoning district is designed and intended to aid in guiding development towards fulfillment of the Comprehensive Plan and to serve a number of functions, including to provide the community with properly located schools, colleges, and health institutions; to provide the community with properly located public services, public utilities, and public or private communication antennas; to provide the community with properly located open green space, parks, playgrounds and recreational facilities; and to relate public and semi- public locations with thoroughfare systems. The proposed minor subdivisions and variances provide additional public open space by adding land to the park reserve. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves the variances for lot area, lot width, and road frontage. BE IT FURTHER RESOLVED, that the variances are subject to the following condition: 1. When ownership of these properties change hands the new owner(s) are required to combine them with adjacent parcels to avoid creating a new parcel. Adopted by the Lino Lakes City Council this /3 day of ; 2004. ATTEST: Ann J Bh , City Clerk • •, i Be geson, Mayor • • ATTACHMENT A: LINO LAKES RESOLUTION NO. 04 -180 Insert legal description • BOARD OF WATER COMMISSIONERS ANOKA COUNTY PARK LANDS ®IMo® IE 11111131®1111 ® I :0' ran ■1 /nn1 1 Ana■ en= N.Z40 alma =► II111I11 mekin �■Iap •� mnIIIfI ■11... NUM -44 141 -04 ADMINISTRATIVE LOT SPLIT FOR: ST. PAUL REGIONAL WATER SERVICES thawed mm.r at O2..n. =d Mt S.oMa 14 To..ddp 31. 6aaa. P2 Ied O..ap4.0 LAST Sod* 6m d Oar.nm.d 4d 3% •a 33 Ad p SOpaaw. td 3. 5.dal. 10. Unmet 31. 23, Man I pad d d Unimak/ drm4Md as folio= CamlaaWng d S. a3Om.d cower d god Somme* W 7 i«w .adrb snag IM mdh W.. d add W�umm.d Id 3 a .nand& Mahn d fad o &.imp d 610 and lw 6w 400* at 0.005401 Una. youth 12 d.6r.e, 15 aMdms fad 303 last Ynla. Sod% 16 a on0lda. 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ILLS. 10 860 15230 pd.* Mead 1/, 3004 Odor 16. 5006 • LC) / .LL. ui.,..ey 31. roe a 892.0 weld o.4 toil 539r00'W ilJ rz—wr 13e d off lilt. /33 A. \sad u4 m.. aid., as, t.3... ar, Wage 00- • 11: 1 1 1 1 1 I Iy 1 1 1 1 1 10 J 1 1 1 LOW WATER LINE CENIERVILLE LAID: J 1 /,j ADMINISTRATIVE PROPERTY DIVISION J FOR: ST. PAUL REGIONAL WATER SERVICES PAr= part at the North HWY of Govxnmant Lot 2, Section 22. T..n.hlp 31. Rang. 22. Anoka County, Minnesota dmcdned as WM.= Bogmd,g al a point an the north faro of said Govemm.nt fat 2 distant 692 Lest weal of its oorthn. 3 comer 0.35.03. Mono. South 39 door... W..l 400 Nu* thence Sous, Rost 20 deign,e.. Wed 200 feel; then. Smary 24 dogma 40 Waldo* West 725 fo.F them. South 16 degree. paht on the south Wu d odd North Nair of C 100 00* Lot 2 disbud 197 h.9 meat f the veal ins awned; Nano t Wong 0014 mouth Ono to Ile low water Ono f Centami0e Lake; Worms nodheauterl.. .ling add low waW fine fa sold north One of Gevemmant Lid 2; home mist along mid north Nam to point of beginning. Fan* A AN that part d the North Hall of Gawmn.d tot 2. Seaton 22, Tmvrohlp 31. Range 22. Moto County, lfku.seoo ddedb.d m follows Commencing at a point an the north Wm of said Govemmed lot 2 Retook 802 Net .oil from M. northland comer Ws.o3. Nunn South 30 degrees Wed 380.29 fad ta th. point of West 39.10 beginning; sal point e South im& d.eanled m point 'A'. Mona continuing wW 39 dogmas degmm Wmt 200 f.sk Wens South 24 degree. 40 mute. Waal 725 feat Lance South 16 coffees 40 minutest West 174 tat too Pahl on the south One of sold North Hag of Govsmnanl l*l 2 distant 197 foot oast from 1Ae west gas 0naroa1 thane. oad Wong .did mouth One fa ills ow water line a Caddwle Lake; thence nomaoddy along wad low wad Ono h0 9a Inldmeclion with a 9ne running moduli iren mid poled 'A' paml3i .alh add north One of Go 000.031 tat 2; thane oderly *leap sold tact described gas to the point of hog3nln9. • Parcel 8 • 99 that port of the North Hal of Government Lot 2, Section 22, Township 31, Rang. 22, Anoka County, 1lhtnaoala destdbed as follows. Beginning al a point on the forth Sae of mold 0000.0meht Lot 2 Waimea 892 bet suet from the northwest corner thereat; thence South 39 deg,... Wed 380.29 lima than. East Radial with add north ha of Goo.mo std Lot 2 to the low water line of Cmldvmo nnl:c, M.n. rotedymal Roth Bat i .water One to Re mtemeaon with mad north Ons 04 aovormmad Lot 2; Mimes. west along poled of No91018619. Legend NORTH Scale 1 Inch = 100 Ft. 100 0 1111 WNW ••" Wwwwwww 1 100 200 '44 C NOTE Nei or Search Easn...tde hemby comity that Woseonroy. plan, or mport woo 'manna ins or ode my alma pdvhdon and that I as duly mg land Survaym under the lows of the Stale of Minnesota W. BROWN LAND SURVEYING, INC. Woodrow A Brown, RL5. LW REG 15230 Detail: September 17, 2004 September 23, 2004 'ILYT 1. BROWN LAND SURVEYING, 6030 Cedar Ammer Su., SAN 220. tNaomin0lon. MN 55425 Bus: (952) 854 -4055 Fae 3952) 854 -4268 awyq; bate: 9 -17-04 185-04 Shim I Ine6 . 1ro ft ID