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Home My WebLink About2003-041 Council Resolution• • • City Council Meeting McGough Variance March 24, 2003 CITY OF LINO LAKES RESOLUTION NO. 03-41 RESOLUTION DENYING A VARIANCE FOR THE CONSTRUCTION OF A HOME ADDITION TEN FEET INTO THE REAR YARD SETBACK, FOR PROPERTY LOCATED AT 153 PARKVIEW DRIVE (Lot 1, Block 1, Parkview Estates) WHEREAS, the City has received an application for a Variance requesting that a home addition be constructed ten feet into the rear yard setback, and WHEREAS, the City's zoning ordinance, in Section 6, subd. 1.B.4.c.1, requires a 30 -foot rear yard setback for the principle structure, and WHEREAS, placement of the proposed addition would extend ten feet, or 1/3 of the required distance, into the required rear yard setback, and WHEREAS, there are no unique physical circumstances or conditions on the property which are creating a hardship situation, which is the criteria against which Variances are to be evaluated, NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council denies 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 B1a ij, City Clerk • • • AGENDA ITEM 7B STAFF ORIGINATOR: Tanda Gretz C. C. MEETING DATE: March 24, 2003 TOPIC: Variance: to allow a home addition 10 feet into the rear yard setback Michael McGough, 153 Parkview Drive (Lot 1, Block 1, Parkview Estates) ACTION REQUIRED: 3/5 vote BACKGROUND Mr. Michael McGough would like to construct an addition onto his home, located at 153 Parkview Drive. The proposed one -story addition (with basement), measuring 30' X 16', would extend 10 feet into the required 30 foot rear yard setback. This report is based on the following attached exhibits: 1.) General location map. 2.) Certificate of Survey. 3.) Plan of home, with proposed addition. ANALYSIS Land Use & Zoning Location Guided Land Use Existing Zoning Site Low Density, Sewered Residential R -1, Single Family Residenital West Gt « North 46 « East 46 « South “ 44 City Council Meeting McGough Variance March 24, 2003 As noted in the above chart, the subject property is surrounded by properties which are • similarly zoned and guided. • • The required rear yard setback for the property is 30 feet. The applicant is asking to build 10 feet into the rear yard setback, or 1/3 of the setback area. Setbacks are established to provide safety and aesthetic value to a property. As such, they provide for not only the subject property, but the surrounding properties as well. To this end, setbacks are a key tool in keeping lots from being over - built, and maintaining adequate open space on property — and by extension, in the City as a whole. Further, variances are governed by issues of hardship. Section 2, subdiv. 4.A of the Lino Lakes Zoning Ordinance states that "in considering all requests for variance or appeal, and in taking subsequent action, 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. Comment: the property can and is being put to reasonable use. 2. That the plight of the landowners is due to physical circumstances unique to his property, and not created by the landowner. Comment: there are no physical circumstances unique to the property in this case. 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: there is no hardship demonstrated and the property can be put to reasonable use. 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: Lacking any unique physical circumstance /condition or hardship issues, granting the variance would be conferring special priviledge on the applicant. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Comment: there is no hardship demonstrated and no unique physical circumstances in play in this case, and as a result, granting the variance would not be in keeping with the spirit and intent of the ordinance. • • City Council Meeting McGough Variance March 24, 2003 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 deny the proposed Variance. RECOMMENDATION Variance requests are governed by the issue of hardship. As there are no unique circumstance or conditions on the property which are creating a hardship situation, staff must recommend denial of the proposed variance. OPTIONS 1.) Recommend denial of the proposed Variance. 2.) Recommend approval of the proposed Variance. 3.) Return to staff with direction. RECOMMENDATION Option #1. • INE211111 4.7'11131 Miler ,--,4111 =12 zwortuniirz ii311111011 trim 'nano Imam Arr. l ®i s "' ®® igt &lam113 SPA Mom IMIllinl Wall?J ®® MIM1. n EMEMO 01111' EMI �® ® X11;- ®— MAIM : ®1,®1 11,1111 ®iii ii 1 MM 11011131 NEM= rMBII®: ®111':l IL ® ®'1®® 111114 slemilrl I MO NCI1I; tW MEMO= 11311123 iC>0■11 1M111 O Mum EINE Ell ® ®11113V®—, 110111n1111311111 Wai'-' t111311111111 !EA fassiertralpira obi! IlpflG a Pm' City Council Meeting McGough Variance March 24, 2003 CERTIFICATE f 4110 Far %hWael. Gaupdy s 8r44 E /018 =MIT # Z— Gars9 'Proposed elevations:. Top of Block = lam Garage Floor = 9as: Lost Floor =.gam s. PARKVIEW .DRIVE Lot .1,: B1bCk 1, PARKVIEW ESTATES, Anoka County, 'Minnesota:, Denotes • 11.fitot offset. p Denotes proposed .elayAti.onis , • , ,. denotes direction:.pf drainage, Qag. 91::3x54 3! _ 105.22; FOR FERMI 11,1 SCAL E:i huh a ..Feet J Denotes tran Bearings shovm are oa on assumed datuxn.J Jab Ntr T 4Boak_— Poge._... We hereby certify ihati.thls is a true and e*trect, representation of 1 surrey • of :the boundaries .ot -the above denartbsd andof the lbeetion of an bw"idings, it any:, Vie+ App & St31�i , I {: thereon,,,ond ail visible,. sneroachm njs, if any, from m on sold land. : L4j4ja SURVEY SRS owed thls 14 i/ of j. . 9,1 • E. G•. RUD & SONS' , ii C. Sao i e ingtan Av�ue: ., f,,/ 1.,f,., ..t-.117.:9— a by Minn. Rsg. 'Na A T ephane:78B355H! • Circls Pities„ Minnesota 55014 • City Council Meeting McGough Variance March 24, 2003 EI.T 6