HomeMy WebLinkAbout2003-062 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 03-62
RESOLUTION APPROVING A VARIANCE
FROM THE REQUIRED 150 -FOOT SETBACK REQUIREMENT FROM
THE OHWL OF LAKE AMELIA, FOR A PROPOSED HOME ADDITION
LOCATED AT 6174 CENTERVILLE ROAD
WHEREAS, the City has received an application for a Variance from the required 150 -
foot setback requirement from the OHWL of Lake Amelia, a natural environment lake,
for a proposed home addition for property located at 6174 Centerville Road, and
WHEREAS, the City's Shoreland Management Overlay Ordinance requires a 150 -foot
setback requirement from the OHWL for structures located within 1,000 feet of the
OHWL of natural environment lakes, and
WHEREAS, the narrowness of the lot precludes siting a structure in such a way that it
could both meet the required 150' setback from the OHWL as well as the 40' setback
from Centerville Road,
NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves
the proposed Variance, as described in the attached staff report, dated May 27th, 2003,
with the following condition:
1. That the existing septic system be inspected and issued a certificate of
compliance by a certified septic inspector, with replacement/improvement of the system
to be required, if indicated.
Adopted by the Lino Lakes City Council this 27th day of May, 2003.
ATTEST:
STAFF ORIGINATOR:
C.C. MEETING DATE:
TOPIC:
AGENDA ITEM 7D
Tanda Gretz
May 27, 2003
Resolution No.: 03 -62
Variance to allow the construction of a
home addition within the required shoreland
(OHWL) setback, for property located at
6174 Centerville Road.
Thomas Laumeyer
ACTION REQUIRED: 3/5 vote
BACKGROUND
Mr. Thomas Laumeyer owns property located at 6174 Centerville Road, on the west side
of Lake Amelia. Mr. Laumeyer's existing home is non - conforming in that it is located
within the Shoreland Overlay District of Lake Amelia, but does not meet the required
150 -foot setback requirement from the ordinary high water level (OHWL). Mr.
Laumeyer would now like to add an addition onto his home, however the proposed
addition would likewise not meet the required setback from the OHWL. As a result, the
applicant is asking for a variance from the required 150 -foot setback from the OHWL, as
specified under the Lino Lakes Shoreland Management Overlay Ordinance (Chapter
1102.07, Subdiv. 2.A.1).
This review is based on the following exhibits:
1. General Location Map
2. OHWL Location/Hult Assoc. Letter
3. Marked Up Survey
4. P & Z Draft Minutes (May 14, 2003)
City Council
May 27, 2003
Laumeyer Variance
ANALYSIS
Shoreland Ordinance
The Shoreland Management Overlay Ordinance was adopted by the City of Lino Lakes
in response to Minnesota Statute requirements. The Ordinance applies to land
( "shoreland ") located within 1,000 feet of the OHWL of the public water bodies noted
within the ordinance. Lake Amelia is classified as a Natural Environment Lake under the
Shoreland Ordinance, and as such, requires all structures maintain a 150 -foot setback
from the OHWL, which is defined as 908.10. The existing house has a setback of 90
feet. The proposed addition, which would be on the north side of the home, would have
approximately the same setback. The Shoreland Ordinance directs that all
additions /expansions to nonconforming structures "must meet the setback, height, and
other requirements of (the) ordinance. Any deviation from these requirements must be
authorized by a variance."
Zoning & Land Use
The following chart summarizes the zoning and land use designations for the subject
property, as well as surrounding properties:
Location
Guided Land Use
Zoning
Subject Site
Rural Land Use
Rural Executive (R -X)
North
t4
"
East
Lake Amelia
Lake Amelia
South
Rural Land Use
Rural Executive (R -X)
West
Low Density, Sewered
Residential
Rural (R)
The property is somewhat isolated, with the nearest neighboring house located south of
the subject property at the intersection of Ash Street and Centerville Road. The nearest
houses north of the property are located along Centerville Road, on the west side of the
road, and thus not on Lake Amelia. The property is only 175 feet wide, with the OHWL
located approximately 90 feet east of the existing home. In this respect, the property is
too small to allow compliance with the setbacks required under the Shoreland Ordinance:
if the structure were setback the required 150 feet from the OHWL, then it would not
meet the required setbacks from Centerville Road.
Septic Issues
The Shoreland Ordinance also specifies a 150 -foot setback from the OHWL for the septic
system of properties located within the Shoreland Overlay District of a Natural
Environment Lake. The septic system for the subject property is located southeast of the
City Council
May 27, 2003
Laumeyer Variance
house and is non - conforming in that it does not meet the required setback, being
approximately 80 feet from the OHWL.
Additionally problematic is the requirement of the Shoreland Ordinance which specifies
that properties subject to its provisions, and applying for a variance, must have
conforming septic systems (Chapter 1102.04, subdiv. 3.C):
"For existing developments, the applications for variance must
clearly demonstrate whether a conforming sewage treatment
system is present for the intended use of the property. The
variance, if issued, must require reconstruction of a non - conforming
sewage treatment system."
Specifically, the septic system must comply with Chapter 402 of the City Code and the
Minnesota Pollution Control Agency standards (Chapter 7080), as outlined under
Chapters 1102.08 and 1102.11 of the Shoreland Ordinance. As the City has no
information as to the compliance status of the septic system on site, a Certificate of
Compliance from a certified septic system inspector should be required. Please note that
the ordinance specifically states that "a sewage treatment system shall NOT be
considered nonconforming if the only deficiency is the sewage system's improper
setback from the ordinary high water level." In this respect, then, the goal is just to
establish functional compliance of the system, and not necessarily to relocate it.
A last issue to note is whether the proposed addition implies greater use of the septic
system. That is, if additional bedrooms are being installed, then the implication is that
the existing septic system will be subject to greater useage. Depending on the status of
the system, this increased usage may or may not impact the system.
Building Issues
•
There are a number of different ordinances which address the issue of how high above
the 100 -year flood elevation a structure must be elevated. For construction purposes, the
lowest floor of a structure should be located a minimum of two feet above the 100 -year
flood elevation, which is defined as 910.0 for the Lake Amelia. The applicant has
submitted information indicating that the lowest floor elevation of the existing home is at
914.2 (Exhibit 2), which meets the two -foot separation requirement. Elevations are not
available for the proposed addition, and it would be required that the addition likewise
meet the two -foot separation. Please note that this requirement pertains to the 100 -year
flood measurement (910.0), and not the OHWL (908.10).
DNR
Tom Hovey of the DNR has reviewed this application. Mr. Hovey has stated that the
DNR does not oppose the applicant's plans for an addition, as long as such an addition is
not built any CLOSER to the OHWL than the current non- conforming structure.
3
City Council
May 27, 2003
Laumeyer Variance
FINDING OF FACT
The Shoreland Ordinance specifies that variances to its provisions be evaluated as
outlined in the Lino Lakes Zoning Ordinance, which directs that when 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 has been put to reasonable use, but cannot be expanded or
improved under the constraints of the Shoreland Ordinance.
2. That the plight of the landowners is due to physical circumstances unique to his
property, and not created by the landowner.
Comment: the unique physical circumstance is the narrowness of the lot, which
precludes siting a structure in a way that both meets the setback requirements of the
Shoreland Ordinance as well as those required for Centerville Roadd,
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: the property has been put to a reasonable use in the past, but cannot be
expanded or improved under the constraints of the ordinance.
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: there do not appear to be other properties similarly situated.
5. That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
Comment: the spirit and intent of the ordinance is upheld when hardship is identified.
4
City Council
May 27, 2003
Laumeyer Variance
CONCLUSION
The City of Lino Lakes has adopted the Shoreland Management Overlay Ordinance as
required under Minnesota State Statute. The applicant's property is subject to the
ordinance, being within 1,000 of the OHWL of Lake Amelia, a natural environment lake.
The Shoreland Ordinance requires that any additions constructed within such an area be
setback 150' from the OHWL, with a septic system that is fully compliant.
In this case, the narrowness of the lot precludes siting a structure in such a way that it
would meet the required 150' setback from the OHWL as well as the 40' setback from
Centerville Road, and so hardship is demonstrated. The City has no information as to the
compliance status of the existing septic system and, as a result, a certificate of
compliance should be required, with replacement/improvement of the system to be
required, if indicated. Thus, staff would recommend approval of the proposed variance,
with the condition that the septic system by proven compliant.
P & Z BOARD RECOMMENDATION
Staff had initially recommended against this variance at the May 14th meeting of the
Planning & Zoning Board. At that meeting the board voted 5 -0 to approve the proposed
Variance. Draft minutes of the meeting are attached.
OPTIONS
1. Approval of the proposed variance.
2. Denial of the proposed variance.
3. Return to staff with direction.
RECOMMENDATION
Option #1
EXHIBIT # .
April 29, 2003
HULT & ASSOCIATES, INC.
A division of McCombs Frank Roos Associates, l
Engineering, Planning, Surveying & Wetland Delineating
Telephone 651-464-3130
Facsimile: 651-464-4822
Thomas Laumeyer
6174 Centerville Road
Lino Lakes, MN 55038
Re: Elevation of existing house
Dear Mr. Laumeyer:
On April 7, 2003, we located the Amelia Lake Ordinary High Water (OHW) adjacent to
your home, the existing garage, and the existing house (sketch below). We located the
lowest opening of the existing house where the lower level door opens towards the lake.
The lowest opening elevation is 914.2. This is 6.1 feet above the Amelia Lake OHW of
908.10. Once again, elevations were based on a DNR bench mark located on the east
side of Amelia Lake. If you have any questions or if you need any additional services,
please feel free to give me a call.
EXHIBIT # Z
Sincerely,
.-719"Fr77
Torry kraftson, P.E.
EXISTING
HOUSE t� i
i<OHW
Xo"w
-ORDINARY HIGH WATER LINE
EXISTING � r- AMELIA LAKE 908.10 (NAND 1929)
GARAGE 1
XoHW
• Mailing Address: P.O. Box 37- Forest Lake, MN. 55025 •
• Email: hultemfra.com •
500 W. HWY. 96
ST. PAUL 12. MINN.
484.3301
CERTIFICATE .4F SURVEY EXHIBIT# 3
MILNER W. CARLEY & ASSOCINI
CONSULTING CIVIL ENGINEERS LAND SURVEYORS
314 OAK ST.
SAUK CENTRE. MiNN.
352.3664
18 4 E. S.E.
ST. CLOUD. MINN
251.7751
I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision
and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota.
Reg. No. _7JZ5i Date Aug. 23 , 1968
/t
<
171.7
33 =n
r
rx:'s
iove
74.7
1
•
'O
ef6
Planning & Zoning Board
May 14, 2003
Page 4
EXHIBIT #
go through. He the rules were what they were, however, things had changed with the
existing homeowner and when they purchased the home, it was a different setback.
Chair Schaps stated every lot had potential and every lot would have some type of a
restriction. Unfortunately, Ordinances changed but they needed to follow today's
Ordinances. He stated he believed they had other options including reducing their square
footage.
Mr. Corson stated they had the Ordinances for a reason and if they granted this variance
for 31/2 -feet, the next person who came before the Board requesting a 3%z -foot variance,
they would have a difficult time denying it.
Mr. Lyden made a MOTION to approve the variance to allow an addition (home and
garage) for property located at 6206 Red Maple Lane, Rebecca Keller for the reason that
the lot had unique characteristics and was supported by Mr. Tralle. Motion carried 3 -2
(Tralle, Lyden, and Rafferty — Aye. Corson and Hyden — Nay).
Thomas Laumever, 6174 Centerville Road, Variance
Staff stated applicant's home was non - conforming in that it was located within the
Shoreland Overlay District of Lake Amelia, but did not meet the required 150 -foot
setback requirement from the ordinary high water level (OHWL). Applicant would now
like to add an addition onto his home, however the proposed addition would likewise not
meet the required setback from the OHWL. As a result, the applicant was requesting a
variance from the 150 -foot setback from the OHWL. Staff presented its analysis and
reviewed the five findings for a variance. Staff recommended denial of the variance
because it did not demonstrate a hardship.
Chair Schaps invited applicant to make comment.
Thomas Laumeyer, 6174 Centerville Road, stated he believed his unique circumstances
were tied to the physical property. He presented his Certificate of Survey and noted he
had 174 feet to the easement and if they went 150 feet with a 28 -foot house, that would
put him over the easement line by 4 feet, so it was impossible to place these structures
anywhere within the Code. He stated the home was built in 1959 by his parents. He
noted the home was very small. He stated he had lived there for 8 years. He stated the
home was 80 square feet, noting it was smaller than a 14x80 mobile home. He noted he
believed he had a hardship. He stated he did not believe there was an absence of
hardship. He indicated his situation was unique to the area because he was the only
existing home on the lake that was this close and he did not believe anyone would ask for
a variance because there were no other homes that close. He stated the DNR had been
notified and they did not have a problem as long as he did not go closer to the lake. He
stated his proposed addition would not bring it closer to the lake. He indicated he had
spoken with his neighbors and they did not have any problem with this proposal. He
indicated this would not hurt anybody to add onto his home.
Planning & Zoning Board
May 14, 2003
Page 5
Mr. Hyden asked what state was his septic system in. Mr. Laumeyer stated he had it
pumped yesterday and he received an inspection report from the City noting it had passed
the inspection.
Mr. Hyden asked if the septic system would accommodate the new addition. Mr.
Laumeyer replied he would need to investigate this further, but he was not opposed to
putting in another septic system if necessary, but he did not want to put a septic system in
if the City came through with City water in the near future.
Chair Schaps stated he would have the option of hooking up to the City water when it
becomes available.
Mr. Rafferty asked if he was doubling the size of he home. Mr. Laumeyer replied it
would be a 24x30 addition.
Mr. Rafferty stated based on the guidelines, it appeared the home should never have been
placed where it was. Ms. Gretz replied those guidelines did not exist when the home was
built. She noted the Ordinance allowed what existed to continue, but once something was
changed or added onto, the current Ordinance existed.
Mr. Rafferty asked if there was another option for applicant to expand. Ms. Gretz replied
it was not possible for applicant to expand his home and stay within the setback.
Mr. Rafferty asked how old was the garage. Mr. Laumeyer replied the garage was built
in approximately 1968. He noted the DNR flooded the lake and at the time the garage
and home were built, Lake Amelia was considerably smaller.
Mr. Corson asked if applicant had spoken with the DNR and asked if the DNR had any
concern with the septic system. Mr. Laumeyer stated he had not spoken directly to the
DNR, but City staff had. He noted the septic system should not be considered non-
conforming according to the Ordinance.
Mr. Tralle asked if there would be any additional bathrooms, or water usages with this
addition. Mr. Laumeyer replied there was not. He was proposing to add a family room
and storage space only.
Mr. Hyden asked at what point were they to deem this a hardship. He noted applicant
had no other options. He stated it looked as if applicant had a hardship. Ms. Gretz replied
in her interpretation, she was looking at past use and that this property had been put to
reasonable used in the past. She agreed expansion would be better, but that did not get
away from the fact that this property had been put to reasonable use in the past. She
stated while applicant could not improve his property, he still had a reasonable use of this
property.
Mr. Lyden stated the home was built in 1959 and many years had passed and he believed
applicant had the right to upgrade his home to bring it up to par with other homes in the
City. He noted this was in the best interest of Lino Lakes to allow him to improve his
property. He indicated it was a reasonable, fair use of this property to expand the home.
DRAFT MINUTES
Planning & Zoning Board
May 14, 2003
Page 6
He stated structure did define function and the hardship was the property, not that the
home was not put in the right place.
Mr. Corson made a MOTION to allow variance to allow the construction of a home
addition within the required shoreland (OHWL) setback for property located at 6174
Centerville Road, Thomas Laumeyer, for the following reasons: The Board did not
believe the landowner was being allowed to put the property to a reasonable use; there
were unique characteristics to this property; the State had mandated the 150 foot setback
as a part of the Shoreland- Overlay District and the applicant had a special situation that
would be denied by this Ordinance; applicant's home was the closest to the lake in the
area and there would be no other variance requests from neighbors; they were staying
within the spirit of the Ordinance; and the applicant is to maintain the septic system, have
it inspected and obtain a Certificate of Compliance.
The motion was supported by Mr. Hyden. Motion carried 5 -0.
PUBLIC HEARING, Molin Concrete, 415 Lilac Street, Site Plan Review and
CUP Amendment
Staff stated applicant was proposing to construct two building additions. One was a 950
square -foot locker room. The other was a 3100 square -foot expansion of a maintenance
garage. Staff presented it analysis and recommended approving the CUP amendment
with the conditions as noted in their May 14, 2003 report.
Chair Schaps opened the public hearing at 7:40 p.m.
Randy Moline, 415 Lilac Street, stated they had lost about 1/2 of the pine trees over the
winter and those trees would be replaced after June 1. He noted they were meeting all of
the required specifications regarding the seeding around the ponds also.
Chair Schaps asked if everything worked out, when would all of the landscaping be done.
Mr. Moline replied they would have everything done my July 1, depending upon the
weather.
Mr. Corson made a MOTION to close the public hearing at 7:52 p.m. Motion carried 5-
0.
Mr. Rafferty made a MOTION to approve the Conditional Use Permit Amendment,
Moline Concrete, Randy Molin with the conditions as noted in staffs May 14, 2003
report. The motion was supported by Mr. Corson. Motion carried 5 -0.
D. REMOVED FROM AGENDA
E. PUBLIC HEARING, Comprehensive Plan Amendment, Elm Street Area
Staff stated the City was preparing to move forward with the reconstruction of Elm Street
from Grey Heron Drive to its intersection with Sunset Avenue. As part of the project, the
City was proposing to expand sanitary sewer and water main to currently unserviced
DRAFT MINUTES