HomeMy WebLinkAbout2001-002 Council Resolution• Council Member Dahl introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION No. 2001 -02
RESOLUTION GRANTING A VARIANCE FOR CHRIS LYDEN RESIDENCE
AT
6275 Holly Drive, Lino Lakes, MN.
WHEREAS, a request has been submitted to the City Council for a Variance from
the City of Lino Lakes Zoning Code at 6275 Holly Drive, and
WHEREAS, the legal description of the property is:
insert legal
WHEREAS, Section 3, Subd. 4.D.8.d.5) of the City Zoning Ordinance prohibits
accessory buildings with metal corrugated siding or roof, except upon tool sheds less than
four hundred (400) square feet in area, and
Whereas, the same section of the Zoning Ordinance does not allow pole buildings,
and
WHEREAS, the applicant desires to build a pole building with metal corrugated
siding and roof, and
WHEREAS, the Zoning Ordinance provides that in considering all requests for
variance or appeal and in taking subsequent action, the City shall make a find of fact:
1. That the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls.
2. That the plight of the landowners is due to physical circumstances unique to
his property not created by the land owner.
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.
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.
5. That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
•
WHEREAS, the City Council of the City of Lino Lakes makes those findings in
relation to this request because the soils on the property and the site shape and topography
do not allow for other types of structures.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino
Lakes that the Variance requested is hereby APPROVED.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other
submittal information shall become a part of this permit and approval.
Adopted by the Lino Lakes City Council this 12th day of February 2001.
John J. ergeson, Mayor
ATT
98auatCtd
Ry -Chel Gaustad, CCM City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member O'Donnell and upon vote being taken thereon, the following voted in favor
thereof: Bergeson, Dahl, Reinert, O'Donnell
The following voted against the same: Carlson
Whereupon said resolution was declared duly passed and adopted.
AGENDA ITEM 7 F
STAFF ORIGINATOR: Mary Kay Wyland
MEETING DATE: February 12, 2001
TOPIC: Chris Lyden, 6275 Holly Drive, Variance
VOTE REQURED: Simple Majority
DESCRIPTION:
NOTE: This item was tabled from the January 8, 2001 City Council Meeting for further
discussion at a Council Work Session. The Staff position has not changed from the Staff
Report presented below. Minutes from the 1/8/01 Council meeting are included for your
information.
Mr. Chris Lyden owns 4.07 acres of property, zoned rural, at 6275 Holly Drive. This
property is a pre- existing non - conforming lot of record as the ordinance requires a
minimum of 10 acres in the rural zoning district. Mr. Lyden would like to construct a 34'
x 64' pole barn on the property using metal siding and roofing material. The Zoning
Ordinance specifically prohibits metal siding and roofing material on properties less than
five (5) acres in size. The proposed construction will meet the square footage
requirement (total of 3,600 square feet allow) and the setback requirements (5' on the
side, 40' on the front).
The Variance requested is from the City's Zoning Ordinance, Section 3. General
Provisions, Subd. 4. General Building and Use Provisions, D. Accessory Buildings &
Structures, 8. Rural & Residential Zoning District Accessory Buildings, d. Two and One-
Half (2 1/2) Acres to less than Five (5) Acres (R, R -X, R -BR, and PSP Districts), Section
5) No metal corrugated siding or roof, except upon tool sheds less than four hundred
(400) square feet in area. And, a variance to allow pole barn construction because this
section of the Ordinance does not specifically allow pole barns as do those sections
pertaining to parcels over 5 acres in size.
Mr. Lyden has described his hardship as follows (detailed letter attached for your
information):
1. Pole barn type construction is preferable for this property due to questionable
soils.
2. Pole barn type construction, without a cement floor is necessary to preserve
1958 mid - engine all wood day cruiser due to moisture factors.
3. Pole barn type construction will reduce threat of loss from grass fires.
Findings of Fact. 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.
2. That the plight of the landowners is due to physical circumstances unique to his
property not created by the land owner.
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.
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.
5. That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
Staff has reviewed this request and does not believe the Variance criteria can be meet in
this case. Mr. Lyden can construct a wood frame building, on footings without a slab,
that would have a similar effect to a post frame building although it may be more costly.
Pole buildings are not permitted on less than five acres. Over the years City Staff has
received numerous requests for such construction and has always discourage the Variance
procedure because in most cases the requests were based on the additional construction
costs. Additionally, in the 1997 Zoning Ordinance update the 5 acre requirement was
maintained. For these reasons we would recommend denial of the variance requested.
For Council information, the adjoining property owners have indicated no objections to
the variance request.
The Planning & Zoning Board reviewed this item at their December meeting. Mr.
Rafferty made a motion to approve the variance and was supported by Ms. Lane. Motion
failed with 3 ayes (Lane, Rafferty, Zych), 3 nays (Corson, Schilling, Chair Schaps) and 1
abstain (Johnson, he was interviewing with the Council at the time of discussion).
OPTIONS:
1. Deny Variance as requested and adopt Resolution 2001 -02.
2. Return to staff for further consideration
RECOMMENDATION:
Option 1
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COUNCIL MINUTES JANUARY 8,2001
PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
There was no Public Safety Department report.
COMMUNITY DEVELOPMENT DEPARTMENT REPORT;.
Resolution No. 01— 02, Variance Request by Chris Lyden, 6275 Holly Driye, J ;�ff Smyser (3/5
Vote Required) — Staff presented the application by explaining Chris Lyden owns4.07 acres of
Vo q ) P
property, zoned rural, at 6275 Holly Drive. Since the ordinance requires a minimum of ten acres in
the rural zoning district, this property is a pre- existing non - conforming lot of record. Mr. Lyden
would like to construct a 34 -foot by 64 -foot pole barn on the property using metal siding and roofing
material. The Zoning Ordinance specifically prohibits metal siding and roofing material on properties
less that five (5) acres in size. The proposed construction will meet the square footage requirement
and setback requirements.
Staff reviewed the findings of fact that need to be met for variance consideration and indicated staff
does not believe this variance criteria can be met in this case since Mr. Lyden can construct a wood
frame building, on footings without a slab, that would have a similar effect to a post frame building,
although it would be more costly. Staff advised it has received numerous requests for such
construction and always discouraged the variance procedure because in most cases, the requests were
based on the additional construction costs.
11 Staff presented its analysis of the request, noting the applicant has described his hardship as follows:
1. Pole barn type construction is preferable for this property due to questionable soils.
2. Pole barn type construction, without a cement floor, is necessary to preserve 1958 mid-
engine all wood day cruiser due to moisture factors.
3. Pole barn type construction will reduce threat of loss from grass fires.
Staff noted the adjoining property owners have indicated no objections to the variance request.
Mayor Bergeson inquired about the recommendation from the Planning and Zoning Board.
Staff advised the Planning and Zoning Board reviewed this item at their December 2000 meeting.
Mr. Rafferty made a motion to approve the variance and was supported by Ms. Lane. Motion failed
with 3 ayes, 3 nays, and 1 abstain.
Council Member Carlson referred to the Findings of Fact. She inquired about how the City should
handle the Findings of Fact that are not met on the resolution itself. The City Attorney advised the
Findings of Fact that are not met should be noted on the resolution.
COUNCIL MINUTES JANUARY 8, 2001
Mayor Bergeson asked if the size and the location of the structure meet all the City requirements.
Staff advised the size of the structure does meet the City requirements. A site plan has not been
reviewed in relation to the setbacks.
Mayor Bergeson asked if the exterior materials comply with the ordinance. Staff advised the variance
is being requested due to the exterior materials. Metal siding and p9Ie barns are prohibited on less
than five (5) acres by the City ordinance. C;
Council Member O'Donnell inquired about the additional cost for a wood building. ktaff advised
cost consideration is not allowed when reviewing an ordinance.
Council Member Reinert asked if the weight of the proposed building is better suited on this soil than
a wood structure. The City Engineer advised no information has been presented regarding soil
borings related to a wood vs. metal structure.
Mr. Chris Lyden, former Council Member, 6275 Holly Drive, came forward and stated he has spent
five (5) years restoring his boat. He referred to a picture of the boat. He stated he does not want
anyone to vote yes because of who is requesting the variance. He stated he would like the Council to
approve the variance because it is the right thing to do.
Mr. Lyden continued stating that he understands some variance requests are significant and some are
insignificant. This is not a significant variance relating to size, height, setbacks, County ditches, and
the number of buildings. He stated the merit of the variance is based on hydric soils. Staff does not
have soil boring information. It is the County's and Rice Creek Watershed District responsibility to
determine soils. He advised the Rice Creek Watershed District has approved his application. The
only appropriate type of building to place on these soils is a pole barn type building. He stated he can
get a guarantee for the building from the Walters Company. He referred to a copy of a letter from the
Walters Company that indicates the building is right for the type of soil.
Mr. Lyden reviewed the significant upgrades he is proposing to comply with concerns from Council
Members. He stated the building costs over $22,000 and is a high quality building. The building will
be placed on a unique position on the property and will be very well buffered. Only 1/6 of the
building will be viewed. The main door of the building is the garage door even though the building is
metal. He noted the neighbors support his proposal. He stated he would not ask the Council to do
anything that would hurt the City. He stated he does not see a down side to approval. He stated it is
possible he can match the structure to the vinyl siding he plans to install on his home.
Council Member O'Donnell stated he appreciates all the information received on this issue. He stated
variances are difficult because of the issue of consistency. He expressed concern regarding approval
and opening up the City for other variance requests. Other residents may want to do the same on their
lots. He inquired about the size of lots that the ordinance applies to.
Staff advised that each category of lot sizes have a maximum total size of accessory buildings. The
proposed building is under the maximum size allowed.
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COUNCIL MINUTES JANUARY 8, 2001
Mr. Lyden stated the ordinance prohibits metal buildings on 2 1/2 - 5 acres of land. However, the
ordinance would allow him to have two (2) metal buildings larger than the proposed building. He
indicated he is willing to waive his right to a second building so he can have one quality building.
Council Member Reinert stated he is leaning towards allowing the iance`because this is a specific
situation. He stated the proposed building is high quality and aestheticallyypleasing. He stated he
believes there is a hardship in this case and the neighbors are not opposed. The; acre gd of the
property is very close to the lot minimum for this type of building. He indicated heould not support
the variance except for the numerous amount of exceptions in this case. All the variables need to be
included so the City does not open the door for more requests. He added the variance request is an
extreme case and he would not support it because Mr. Lyden was formerly on the City Council.
Mayor Bergeson stated metal siding is permissible on smaller sheds. He inquired about the staff
comments indicating metal siding is not allowed on this building. Staff advised there is a copy of the
ordinance in each packet that refers to what is allowed. Smaller size buildings are allowed to have
metal siding.
Council Member Carlson stated this is not an easy decision because of the recommendation from the
Planning and Zoning Board. She stated one member would have been in favor of the variance if the
siding were changed. She referred to number 4 in the Findings of Fact noting she is leaning towards
denial because she does not want to set a precedence. She stated she has voted no on other requests
for this reason. She stated she cannot support a pole barn building on less than five (5) acres of land.
Mayor Bergeson stated he has looked at the request as it relates to two (2) issues: poles and general
structure of the building, and exterior materials that would not be allowed on conventional
constructions. He stated the Planning and Zoning Board minutes indicated there is no scientific
evidence that supports poor soil, although there is plenty of circumstantial evidence. He stated he
would be supportive of a pole structure to minimize the effect on the soil. He stated he can not find a
reason to justify exterior materials that are not allowed in conventional construction.
Council Member Dahl stated that everyone needs to remember that Council Members are residents
and have problems. That is why the City has variances. Each variance is unique and are utilized to
help residents. The City Council is here to help residents. The building is smaller than what is
allowed and it meets all setbacks. There are soil problems and wetland issues. The main issue is
vertical siding vs. horizontal sidings. She stated she does have garage doors on her pole barn and it is
still good looking after eight (8) years. Mr. Lyden is doing improvements to make the building look
better. There are not too many places that he can build on his lot due to location of well and septic.
Putting windows in the garage door is a good compromise. Mr. Lyden is meeting the City more than
half way. She inquired about the number of parcels under five (5) acres within the City that would
want to construct a pole barn.
Staff advised they have no way of determining the number of lots less than five (5) acres that would
want to construct a pole barn.
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COUNCIL MINUTES JANUARY 8, 2001
Council Member Dahl stated she does not believe there are that many. She stated that approval of the
variance is not setting a precedence. The property has huge evergree that will screen the building.
She stated she has been told that it is practical to construct this type o lcing due to footings in the
soil. Slab and concrete would crack or deteriorate and result in a j a e City of Lino
Lakes wants aesthetically pleasing buildings. Mr. Lyden has gone above d b�, o oNcommodate
the City. There are other pole barns in the area and it is zoned rural. She indica shs in favor of
the variance.
Mr. Lyden stated that if the variance is granted, the merit of the variance is due to the soils. He read
the letter from the Rice Creek Watershed District regarding the soil information. He stated the basis
of the variance is the poor soil. He indicated he is willing to put siding on the 1/6 of the building that
can be seen.
Mayor Bergeson advised an audience member, Mr. Rafferty, that he will not allow his comments
because he is a member of the Planning and Zoning Board. He stated it is not appropriate for the
Council to negotiate the design of the building at a public meeting. He stated the variance request can
be tabled for further review. He asked for clarification regarding denial of the request.
Staff advised the application cannot be submitted for one year if it is denied unless the new
application addresses the reason why it was originally denied.
Council Member Carlson stated a member of the Planning and Zoning Board addressed the Council at
a previous meeting as a resident.
The City Attorney advised members of City Boards can address the Council as a resident.
Council Member Dahl requested a poll be taken of the Council Members before the request is tabled.
Mayor Bergeson advised a poll can be taken relating to how each Council Member will vote as the
request is presented.
Council Member O'Donnell stated he is leaning toward denial of the request. He stated he has
questions regarding other alternatives to the siding material, the cost of a wood frame building over
metal, and what is best for the neighbors. He stated it is probably preferable to the neighbors that the
boat be stored in a building. However, at this point he would deny the request.
Council Member Carlson stated she would also deny the request. She stated she needs something
specifically saying that a wood building cannot be build on this particular soil. The main issue is
setting a precedence within the City. She added that she strongly believes all residents should have an
opportunity to speak to any issue, even if they are members of City Boards.
Mayor Bergeson stated that he would deny the request as it has been presented. He would, however,
be in favor of a pole structure vs. a slab structure. He stated he can't fmd a reason to fit the variance
and criteria for outside materials.
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COUNCIL MINUTES
JANUARY 8, 2001
Council Member Dahl indicated she would support the request. She stated she has a pole barn. Other
types of structures would stick out in this neighborhood. There are also other pole barns in the area.
She stated she did not get information in her packet regarding the Rice Creek Watershed District's
opinion on the soil. Mr. Lyden is accommodating the City and the City„,should meet him half way.
She indicated she does want an answer about how many other parcels ie re!are in the City relating to
a precedence being set.
Council Member Reinert stated he had hoped an agreement on the siding could l e met` He indicated
he would allow the variance if that happens. He stated he also agrees that a structure to store the boat
is better for the neighbors.
Mayor Bergeson stated that if he had written the ordinance, everyone would have a pole barn. He
advised Mr. Lyden he can withdraw the application temporarily or move ahead.
Mr. Lyden indicated he is agreeable to tabling the request if the Council is receptive to discussions to
explore further middle ground.
Mayor Bergeson advised Mr. Lyden to have discussions with staff regarding acceptable building
materials.
Council Member Dahl inquired about the resolution for the variance. Staff advised the City Attorney
has suggested the City use resolutions for all Council decisions. The resolutions will be used on a
regular basis.
Council Member Dahl asked if Mr. Lyden can submit an application before a year is up if the
resolution is not used. Staff advised that if the request is denied, Mr. Lyden cannot submit another
application whether the resolution is used or not.
The City Attorney advised any denial cannot be resubmitted for one year.
The City Administrator stated staff does not have information regarding the number of five (5) or less
acre parcels within the City. She stated a consultant would be necessary and asked for Council
direction.
Council Member Dahl inquired about a map that has that information. Staff advised they are not
aware of a map with that information.
Council Member Dahl stated she will get the map from Anoka County.
The City Attorney advised the City must take action within 60 days of the application date. He stated
that if the request is tabled and the 60 day action period is affected, Mr. Lyden must agree to an
extension.
Council Member Carlson advised she does support resolutions for Council decisions. She stated her
concern is that all five (5) points were included. She asked if having more information is better than
10
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COUNCIL MINUTES JANUARY 8, 2001
not enough. The City Attorney stated it is tough for staff to contemplate what the Council wants
included in a resolution. The resolution is just a draft for the City to have a legal framework to take
action.
Staff added that the information in the resolution is taken from the City ordinance. Staff advised they
will confer with the City Attorney regarding the procedure to be used in the future.
Mayor Bergeson stated it is appropriate to make a motion to table with a date reference. Staff advised
the City will be running into the 60 day deadline if the request is tabled. Staff advised they will send
a formal letter to Mr. Lyden regarding the extension.
Mr. Lyden indicated he is agreeable to an extension.
Council Member Reinert moved to table Resolution No. 01 02, Variance Request by Chris Lyden,
6275 Holly Drive, until Mr. Lyden can work with City staff about possible siding on the pole barn.
When the information is received, the request will be put back on the agenda.
The City Attorney advised a date should be included in the motion.
Council Member Reinert moved to table Resolution No. 01— 02, Variance Request by Chris Lyden,
6275 Holly Drive, to the February 12, 2001, Council meeting. Council Member O'Donnell seconded
the motion. Motion carried unanimously.
Resolution No. 01— 01, Approving Final Plat, Highland Meadows West 2 "d Addition, Jeff
Smyser (3/5 Vote Required) — Staff advised Highland Meadows West 2nd Addition includes land
within the northern portion of Highland Meadows West. The 2 "d Addition will create four (4) lots:
two (2) new single family lots and two (2) lots, which contain existing houses. It will also create a 50
ft. extension of Marilyn Drive. The City Council approved the preliminary plat for the 2 "d Addition
on December 11, 2000.
The final plat drawing submitted December 7, 2000 conforms to the preliminary plat. The
development agreement and securities have been assembled. The title information is acceptable to the
City Attorney. The three (3) conditions of approval will be met through the City's normal project
review and monitoring. This includes the requirement that no further development will occur in the
large outlot unless the development plan addresses safe and efficient circulation in the area.
Council Member Carlson moved to adopt Resolution No. 01— 01, as presented. Council Member
Dahl seconded the motion. Motion carried unanimously.
Resolution No. 01— 01 can be found in the City Clerk's office.
PUBLIC HEARING, Bluebill Ponds Utility and Street Improvements, John Powell — Staff
advised a meeting has been scheduled for 5:00 p.m. on Thursday, January 11, 2001 to discuss road
and utility assessment issues for the effected Mar Don Acres residents. Therefore, staff recommended
continuation of the Public Hearing for Bluebill Ponds to the January 22, 2001, City Council meeting.
Planning & Zoning Board
December 13, 2000
Page 2
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V. ACTION ITEMS
A. Chris Lyden, 6275 Holly Drive, Variance
Staff presented the application by explaining Chris Lyden owns 4.07 acres of property,
zoned rural, at 6275 Holly Drive. Since the ordinance requires a minimum of ten acres in
the rural zoning district, this property is a pre - existing non - conforming lot of record. Mr.
Lyden would like to construct a 34 -foot by 64 -foot pole barn on the property using metal
siding and roofing material. The Zoning Ordinance specifically prohibits metal siding
and roofing material on properties less than five (5) acres in size. The proposed
construction will meet the square footage requirement and setback requirements.
Staff reviewed the findings of fact that need to be met for variance consideration and
indicated staff does not believe this variance criteria can be met in this case since Mr.
Lyden can construct a wood frame building, on footings with . -:J. ab, that would have a
similar effect to a post frame building although it may be cos Staff advised it
has received numerous requests for such construction ouraged the
variance procedure because in most cases, the reques ass "" on the additional
construction costs.
Staff presented its analysis of the request, n t 'cant has described his hardship
as follows:
1. Pole barn type construction is
2. Pole barn type construction, w
mid - engine all wood day
3. Pole barn type construct
is property due to questionable soils.
ent floor, is necessary to preserve 1958
o moisture factors.
reduce threat of loss from grass fires.
Mr. Johnson inqui
recently tested, or i
question but, perhap
ng the questionable soil issue and asked if they had been
soil was involved. Mr. Smyser stated he is unable to answer that
e applicant could provide that information.
Mr. Johnson noted a building that conforms to the Code can be constructed without a
slab. He asked if that type of building can be constructed on questionable soils. Mr.
Smyser stated he does not know.
Mr. Corson asked if the concern is the corrugated siding due to the image and desire to
have accessory buildings match the appearance of the house. Mr. Smyser stated that is
correct as well as an attempt to keep less rural sized lots from being covered with pole
barns since they are typically not the most aesthetically pleasing structures. He noted that
pole barns are allowed on larger sized rural parcels.
Mr. Zych asked if the property behind the applicant's land remains undeveloped so it
would not infringe on a neighbor's rights. Mr. Smyser stated the surrounding property is
wetland and he doubts a house could be built on it.
Planning & Zoning Board
December 13, 2000
Page 3
Mr. Rafferty noted the five -acre requirement and criteria of hardship on the owner based
on the size of the lot. He stated it clearly appears that beyond the western half of the
property, it is not buildable for anything. Directly to the north, it is clearly all wetland.
Mr. Rafferty noted the City goes the extra mile to get permissions from the neighbors so
they are aware of the request, but the ordinance draws some "lines in the sand" to protect
the interests of the City for future development. Mr. Rafferty stated he spoke with the
surrounding land owners and one neighbor, who has a large investment, stated he has
seen these plans and agrees with the request if the pole barn is located on the southern
portion. Mr. Rafferty asked if the front elevation would contain a formal setting such as a
concrete apron.
Chair Schaps asked the applicant if he would like to make comment.
Chris Lyden, applicant, stated it was not his plan to put a slab
he has been considering some type of apron that the overhe
He stated if it is the consent of the Board that a slab sh
Mr. Rafferty stated his concern that the front eleva
passerby. He suggested that a two to three foo
Rafferty reviewed the recent request from
costs of the structure with a metal seam r
Mr. Schilling arrived at 6:43 p.m.
t of the building but
uld come down on.
he would do so.
formal appearance to the
rovide that aspect. Mr.
Bank and inquired about the
Mr. Lyden stated the issue is st, but one of providing a quality building for
his antique boat. He expl . • construction as proposed would be more costly and he
believes a wood type s • , ; a concrete floor, due to its weight, is not appropriate
for the site due to the ' • soils. Mr. Lyden advised that his front steps and other
concrete slabs ha • •p- elevation so he believes a pole type structure is
appropriate for thi oil. With regard to the antique boat, Mr. Lyden explained
that moisture wool stroy it so the recommendation is for strong roof ventilation and no
concrete floor.
Chair Schaps stated his concem that during his eleven years on the Planning Commission,
they have denied more than a dozen pole barn requests on this size of acreage. He stated
he understands the soils issue, but no scientific or expert analysis on that aspect has been
submitted. Because of that, he does not see how the specific findings of fact can be made
to support a variance request while avoiding the establishment of a precedent.
Chair Schaps noted the first criteria is whether the property can be put to a reasonable use
without the variance. Thus, he can not conclude a wood barn cannot be constructed. The
second criteria deals with special circumstances to the soils, which is not present since no
scientific information has been presented. Chair Schaps stated the third criteria is to not
convey a special privilege, which he believes approval would do since no scientific data
has been provided. The fourth criteria to meet the intent of the ordinance has also not
been met and upheld three times recently based on the aesthetic issues with a pole barn.
Planning & Zoning Board
December 13, 2000
Page 4
Mr. Lyden stated he is aware of those concerns and has taken that information into
consideration when designing the pole barn. He stated that cost is not the issue, rather, it
is the quality of the building. He noted the added aesthetics resulting from the 5:12 roof
pitch of the pole barn to match that of the house, the wainscot style of siding, two foot
overhang, and overhead garage style door. Mr. Lyden pointed out the proposed location
is right next to his house so he will be constructing a quality structure.
Mr. Lyden stated he understands the concern related to aesthetics. However, no one will
build within one - quarter mile to the north or within hundreds of acres to the west. To the
south, the property owner is buffered by 75 feet of pine trees and has provided his
consent. Mr. Lyden stated this proposal will not be a negative impact to the residents or
future development of the City.
Chair Schaps stated a reading of the ordinance indicates the c ' 's not met.
Mr. Lyden stated the siding proposed for the pole barn ' gh ty th
an what is on
his house.
Mr. Rafferty asked if this will be an aluminum . 11 . Lyden stated it is and
explained there is a 50 year warranty on th and materials. He advised of the
other quality aspects including the wains ���< paint.
Mr. Rafferty commented on the m
on his house and asked if this is
siding would consider.
Mr. Schilling asked ab
indicted he is not awar
and maintenance
es he has experienced with cedar siding
g someone interested in maintenance free
of an EIFS, a plasterboard siding. Mr. Lyden
t siding material. Mr. Schilling stated the issues of quality
would be met with EIFS.
Mr. Lyden stated hi ain concern and reason for the variance request relates to the soils.
Ms. Lane noted the front of the structure will be visible from the street and asked if a
house -style of siding can be placed on the front elevation of the pole barn so it is more
attractive and better matches the house.
Mr. Lyden stated that may be a viable option and explained that his plans are to use a clay
colored siding and then reside the house next summer so it matches the pole barn.
Chair Schaps stated he is unable to vote to support this request tonight for the reasons he
stated. He suggested more investigation needs to be done on other siding treatments. He
noted that the Ordinance specifically states a prohibition to "corrugated siding and roof."
Mr. Lyden stated that term may be up for interpretation and he does not believe it refers
to the type of metal he is proposing.
Planning & Zoning Board
December 13, 2000
Page 5
Mr. Schilling stated that he is also not able to vote in support of the request tonight but
believes there are other siding materials that could be considered that may be more
acceptable. Mr. Schilling noted there are also different types of footings and systems that
could address poor soil types.
Mr. Lyden stated he respects everyone's opinion and would like a vote taken tonight.
Mr. Corson asked where the septic system is located. Mr. Lyden stated his first pole barn
location choice would have been to the north, however, the septic system is on the north
side and he wanted to keep his options open in case he needs a new septic system.
Mr. Rafferty made a MOTION to recommend approval of the variance request of Chris
Lyden, 6275 Holly Drive, to construct a 34 -foot by 64 -foot pole barn on his 4.07 acres at
6275 Holly Drive based on the rationale that the variance criteria are met and conditioned
on the following:
1. Providing a minimum four foot concrete apron.
The motion was supported by Ms. Lane.
Ms. Lane noted her support for the varianc
undevelopable wetland that surrounds the
Mr. Corson asked Mr. Lyden to in
would improve the aesthetics of
Mr. Rafferty stated he has
potential for damage.
maintenance free mate
Rafferty stated h
vertical or horizon
e large amount of
's property.
tion of using EIFS which he believes
pro . uct in use and does not support its use due to the
and the trend for construction in aluminum and
does not want to include a requirement for EIFS. Mr.
'eve it makes a difference whether the siding stripe is
Mr. Schilling stated LIFS is widely used, successfully, in many commercial structures.
He pointed out that metal siding will also dent and rust. Mr. Schilling noted there are
obvious direct ordinance regulations pertaining to the use of materials and the Board is
looking for a way to help Mr. Lyden. He stated he believes EIFS is a viable option so he
is unable to vote for the application without the inclusion of that requirement.
Mr. Corson asked about the option of using a rock or metal material on the bottom
portion of the structure with EIFS on the top portion.
Chair Schaps asked Mr. Rafferty if he believes this variance request meets all of the
criteria required in the ordinance for a variance consideration. Mr. Rafferty answered
affirmatively.
Motion failed 3 ayes (Lane, Rafferty, Zych), 3 nays (Corson, Schilling, Chair Schaps), 1
abstain (Johnson since he was not present for a portion of the discussion).
Planning & Zoning Board
December 13, 2000
Page 6
Mr. Corson stated he voted against the motion since EIFS was not being considered as an
alternative.
B. Marvin Emly, 590 62nd Street, Variance
Staff presented the application by explaining Marvin Emly is requesting permission to
construct a 28 -foot by 32 -foot accessory building on his property at 590 62nd Street which
is zoned rural and consists of ten acres on the south side of 62nd Street containing his
home and four (4) accessory buildings. One of the buildings was damaged in a storm this
past summer and must be removed. Mr. Emly would like to replace it with the requested
building, however, the Zoning Ordinance allows only three (3) accessory buildings on a
parcel of property between ten and 20 acres in size.
Staff presented its analysis of the request, noting the need for
number of buildings and one from the section of the Ordin
nonconforming structures.
Staff reviewed the findings of fact that need to be
indicated staff does not believe this variance c
not justify a hardship other than financial.
buildings and build one larger building th
Ordinance.
ances, one from the
ng to
ce consideration and
et in this case since it does
d remove the two accessory
e within the requirements of the
In response to Mr. Rafferty, Mr ea wined the grandfathered provision.
Mr. Zych asked if the two
stated he is not sure w
combined since they
applicant desire t
be combined to make it acceptable. Mr. Smyser
ty would allow these two tax parcels to be
ated by 62nd Street. It may also cause a problem should the
the parcels.
Mr. Zych asked if oard can consider both parcels as if they were one parcel. Mr.
Smyser noted the ap cant has the right to sell the northern parcel which would leave this
structure existing on the southern parcel.
Discussion occurred regarding the options to attach the structures, possibly via a covered
walkway.
Mr. Smyser stated one possibility to avoid increasing the nonconformity is to construct
the new structure as attached to Building #2 with the middle building being removed.
Then it could be considered as one structure without increasing the nonconformity. Mr.
Smyser explained that square footage is not an issue.
Chair Schaps asked the applicant if he would like to make comment.
Marvin Emly, applicant, stated he can tie Buildings #2 and #4 together into one large
building but there is a distance between the two buildings.
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NOV 1 3 2000
cyn, OF LD'O LAKES
To Whom It May Concern:
Walters Buildings Is a Manufacturer and Builder of Several Building Lines Utilizing Different
Construction Techniques, Including; Steel Frame, Post Frame, Stud Wall, Masonry, And Grade Beam . We
Recommend the Use of Post Frame Construction For Building at The Residence Of Chris Lyden in Lino
Lakes MN.
Slab On Grade Stud Built Construction Is Not Conducive to The Lot Due To Deep Fill and Variable Water
Conditions Which are Likely To Cause Frost Heave and Thickened Slab Edge Footing Deteriation
Post Frame Buildings Have The Unique Ability To Support Themselves On Unstable Soil Due To Their
Horizontal 2" x 6" Wall Girts and Roof Puffins Spanning 16' — 24'. This Horizontal Construction Ties
The Building End For End Minimizing the Effects Of Frost Heave On The Structure.
If You Have Further Questions About The Usage Of Post Frame Buildings Please Contact Me at 651/ 982-
9352.
Curtis IvMiers
Construction Management
Walters Buildings
D
NOV 1 3 2000
UN OF LINO LAKES
unuitiea
11 -9 -2000
CHRIS AND LONA LYDEN HAVE MY PERMISSION TO BUILD A 36X64
POLE BARN OF METAL CONSTRUTION AT 6275 HOLLY DRIVE WEST
IN LINO LAKES.
Page 1
RECEW y gym.
Nov 13 2000
G ;TY OF Li N0 LAKES
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