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HomeMy WebLinkAbout2003-040 Council Resolution• • • City Council Meeting Noel Variance March 24, 2003 CITY OF LINO LAKES RESOLUTION NO. 03-40 RESOLUTION APPROVING A VARIANCE ALLOWING AN AIRPLANE HANGER TO BE LOCATED CLOSER TO THE FRONT LOT LINE THAN THE PRINCIPLE STRUCTURE, FOR PROPERTY LOCATED AT 346 CARL STREET (Lot 8, Block 1, Lino Air Park North) WHEREAS, the City has received an application for a Variance requesting that an accessory building (hanger) be sited closer to the front lot line than the principle structure, and WHEREAS, the City's zoning ordinance, in Section 3, subd. 4.D.1.c., prohibits a detached accessory building from being sited closer to the front lot line than the principle structure, and WHEREAS, placement of the accessory building behind the principle structure would impinge on the transition air space /safety zone of the Lino Air Park and thus created a potential safety hazard, NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the proposed Variance, as described in the attached staff report, dated March 24, 2003. Adopted by the Lino Lakes City Council this 24th day of March, 2003. ATTEST: Ann Bl . , City Clerk Jo J. Bei eso/ n, a or g Y • • STAFF ORIGINATOR: C.C. MEETING DATE: TOPIC: AGENDA ITEM 7A Tanda Gretz March 24, 2003 Variance: to allow an accessory building (hanger) to be located closer to the front lot line than the principle structure. William Noel, 346 Carl Street (Lot 8, Block 1, Lino Air Park North) ACTION REQUIRED: 3/5 vote BACKGROUND Mr. William Noel owns property at 346 Carl Street, located in the Lino Air Park. Mr. Noel would like to construct a 2,400 sq.ft. hanger, to be placed 135 feet from the right -of- way of Carl Street. Since Mr. Noel's home is approximately 243 feet from Carl Street, such a proposed hanger location would be closer to the street than the home, and thus violate the Lino Lakes City Zoning Ordinance (Section 3, subd. 4.D.1.c), which states that "no detached accessory structure shall be closer to the front lot line than the principal building or its attached garage." This report is based on the following attached exhibits: 1.) General location map. 2.) Sketch of property and surrounding properties. ANALYSIS Land Use & Zoning Location Guided Land Use Existing Zoning Site Low Density, Sewered Residential Rural West `L °° North CC GG East " CC South (Airstrip) (Airstrip) • • • City Council Meeting Noel Variance March 24, 2003 As noted in the chart above, the subject property is surrounded by similarly zoned and guided properties. The property to the east and west of the site are also Lino Air Park lots. The properties to the north of the site, across Carl Street, are either acreage lots or undeveloped at this time. Accessory Building Issues Maximum allowable accessory square footage for a lot of this size and zone (1-1/4 to 2 -1/2 acres, Rural Zone) is normally 2,020 sq.ft. The applicant currently has an attached garage (572 sq.ft.) and a tool shed (144), for a total of 716 sq.ft. of accessory building. Lino Air Park property, however, is allowed additional accessory square footage, allowing hangers up to 3,200 sq.ft. to be constructed. The proposed hanger, at 2,400 sq.ft. is within these size requirements.Maximum number of accessory buildings allowed on a lot of this size and zone are limited to one attached garage and two detached accessory structure. There are a number of properties in the Lino Air Park which have hangers located closer to their front property lines than the principle structure. Two such properties are on either side of Mr. Noel: Lot 7 to the east has a 2,688 sq.ft. hanger located 135 feet from the Carl Street right -of -way; Lot 9 to the west has a 2,496 sq.ft. hanger located slightly closer to the Carl Street right -of -way. The owners of both these properties have submitted letters in support of Mr. Noel's variance application. In addition, the Air Park Association is also in support of the hanger placement. 7:1 Transition Air Space Requirement Properties located in the Lino Air Park belong to the Air Park Association, which is governed by covenants. One such covenant states that nothing should be constructed within the area surrounding the airstrip, defined by a slope of 7:1, and know as the transition air space, or "safety zone." This air space requirement is not a requirement of the MNDOT Office of Aeronautics, but rather is one adopted by the association. In a review of past reports (Anderson at 352 Carl Street), it appears that should the proposed hanger be sited in compliance with the zoning ordinance, in a location behind the home, the hanger would then infringe on the safety zone. For this reason, there appears to be a clear issue of hardship demonstrated. Finding of Fact According to the City's Zoning Ordinance, in considering all requests for variance, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. • • • City Council Meeting Noel Variance March 24, 2003 Comment: the property cannot facilitate a hanger without the granting of the variance. In this respect, it could not fulfill its function as an Air Park property without a variance. 2. That the plight of the landowners is due to physical circumstances unique to his property, and not created by the landowner. Comment: unique circumstances - in the form of the transition air space /safety zone - preclude placement of the hanger in a location compliant with the Zoning Ordinance. 3. That the hardship is not due to economic considerations alone, and when a reasonable use for the property exists under the terms of the ordinance. Comment: hardship is in the form of the transition air space /safety zone, which precludes placement in a location behind the home. Without a hanger, the property can not fully be used as an Air Park property. 4. 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. Comment: this variance would be similar to previous variances granted for hanger placement, for similar reasons. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Comment: hardship and unique physical circumstances have been demonstrated for the property, thus there are grounds for a variance. PLANNING & ZONING BOARD The above report was presented at the March 12th meeting of the Planning & Zoning Board. After consideration of the issues, the board voted to approve the proposed Variance. RECOMMENDATION Staff recommends approval of the proposed Variance, as hardship and unique physical circumstances, in the form of the transition air space /safety zone, have been demonstrated. • • • City Council Meeting Noel Variance March 24, 2003 OPTIONS 1.) Recommend approval of the proposed Variance. 2.) Recommend denial of the proposed Variance. 3.) Return to staff with direction. RECOMMENDATION Option #1 • • 1.11Wr.11 111V City Council Meeting Noel Variance March 24, 2003 goret- r. • •