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HomeMy WebLinkAbout2001-055 Council Resolution 01-55 • Council Member Reinert introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-55 RESOLUTION APPROVING A VARIANCE FROM THE SIDE YARD SETBACK FOR 6641 EAST SHADOW LAKE DRIVE WHEREAS, a request has been submitted to the City Council for a Variance from the City of Lino Lakes Zoning Code, and WHEREAS, the legal description of the property is: Lot 28, Block 4, Lakes Addition No. 2 and WHEREAS, Section 6, Subd. 1.B.4.d. of the City Zoning Ordinance requires a side yard setback of ten (10) feet for the principal building and five (5) feet for an accessory building, and WHEREAS, an attached garage is required to meet the accessory building setback but living space is required to meet the principal building setback, and WHEREAS, the applicant desires to construct an addition to the existing structure that would include garage space on the main level and living space on the second story, and WHEREAS the existing structure is less than ten (10) feet from the side property line, and WHEREAS, the City Council of the City of Lino Lakes makes following findings of fact: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The existing house is small by current standards and does not meet the reasonable needs of contemporary families. 2. The plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The existing structure is less than the setback required for living space, and it is reasonable to utilize existing building walls to plan additional space. 3. The hardship is not due to economic considerations alone. This application is not driven by reluctance to spend extra money to avoid the need for a variance. 4. 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. The house on this property is built at an angle to the side lot line. 5. The proposed actions will be in keeping with the spirit and intent of the ordinance. • The addition of living space to bring the home up to current standards fits with the intent of the ordinance. NOW, THEREFORE,BE IT RESOLVED, that the Lino Lakes City Council hereby approves the variance to construct the structure closer than the sideyard setback of ten (10) feet, as indicated on the attached certificate of survey by Kemper& Associates, Inc., dated April 3, 2001. Adopted by the Lino Lakes City Council this 23rdday of April , 2001 J n J. B geso Mayor ATT T: Ry-Chel Gaustad, CMC, Clerk/Treasurer The motion for 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, Carlson, Dahl, O'Donnell, Reinert The following voted against same: none Whereupon said resolution was declared passed and adopted. i:r �,l �.LJc1. 1 1 f�h�a ✓ t�. STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: April 23, 2001 TOPIC: Resolution 01-55: Variance Application Steve Dahlstrom, 6641 East Shadow Drive ACTION REQUIRED: 3/5 vote BACKGROUND Mr. Steve Dahlstrom has submitted an application for a variance from the side yard setback requirement in an R-1 zoning district. He wants to construct a large addition to his existing house. The setback requirement for a garage differs from the setback for the house. Mr. Dahlstrom's addition includes garage space on the main level with additional bedrooms over the garage. This living space must meet the larger setback, which is the reason a variance is needed. ANALYSIS The property is in an R-1 Single Family zoning district. The side yard setbacks are 10 feet for • the principal building, 5 feet for an accessory building. A garage, even an attached garage, is considered an accessory building. Therefore, a garage wall must be 5 feet from the side property line. The house itself must be 10 feet. Adding garage space would need to meet the 5' setback. Living space must meet the 10' setback. Since the proposed new living space would be less than 10' from the property line, a variance is needed. Please note that the letter from Mr. Dahlstrom was written before the survey was prepared, so the distances in his letter are estimated. As shown on the submitted survey, the front corner of the existing garage wall is 4.19 feet from the side lot line. (It is unknown why this was not built at the 5 ft. setback.) The rear corner of the existing garage is approximately 7 ''/2' from the side lot line. (This is a scaled measurement of the submitted survey: it is not shown on the survey.) Therefore, at its closest point, the new addition will be about 7 ''/z' from the property line. This is 2 1/2' less than the required 10' setback, or about 2 5% less. The proposed addition will be 23' 8"high at the peak of the roof. The house next door at 6634 East Shadow Lake Drive is 16.01 feet from the property line. A submitted letter indicates that the neighbors, the Sandstroms, have no objection to the project. The existing home has approximately 1000 sf of living space, with some additional space in the lower level. This is just over the minimum 980 sf required in the zoning ordinance for a split level. The house has two bedrooms • Mr. Dahlstrom's plans include adding 20 feet onto the entire rear of the house as well as the new garage space with bedrooms above. Findings for Variance As stated in the zoning ordinance, in considering all requests for variance 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. The size of the existing home meets minimum standards,but an addition to a two-bedroom house is not unusual,nor is putting bedrooms over garage space. The design incorporates the existing structure layout to maximize use of the existing structure. Current housing space demands typically require more than 1000 sf, and it seems unreasonable to require the second story to step back from the lower level wall. Pie-shaped lots on cul de sacs present special challenges, though they are not unique. For some reason,this house was built closer to the road than current standards allow. If the house were further back, the variance need would be reduced. As it stands, the variance is needed only for the front 13±feet of the new addition. That is,the new addition will meet the 10 ft. setback at a point 13±feet to the rear of the existing garage corner. It is not a situation where the variance application is an attempt to avoid extra costs. Economic considerations are not at issue here. OPTIONS 1. Approve Resolution 01-55 approving the variance request. 2. Deny the variance request 3. Return to staff with direction. RECOMMENDATION Option 1 i ZK; im ®RR \ s ,k ME AMA 13 •, ', a t d ��Q °vo ' —• � �a m� = -M � >,,�. ■����:a©eon.�;!� �V�O� ����� d �W Q� _I ^�FI►d.a�i NUBOn n ,�• CO©::.Q:D ,����am m©�/�,wrramo'W oE� m WIN OQL©d� v�m� OQEi�bO`��►L�0 l Wool■■� ■ y THE DAHL TD-® W(SIDENCE LOT 28. 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I S g 7'iPE'x'Gr' 5c- / Y C KiSi- f-Af ACMG i I • i OF Mf LA '14` -- nIo-> Q i • L LLII a `Y T14 FI_Y wC n� F.R 1 .I • VI M it 1 � 1 ( _ I - y • � I �h j s 30 i I _-V-C iowe- Top ad V to i gc�F7 ° � n `;f MRsavR7_.pLW&J. • CITY' ....OF Ll N KE CERTIFICATION OF RESOLUTION NO.01-55 STATE OF MINNESOTA) COUNTY OF ANOKA) CITY OF LINO LAKES) I,the undersigned,being the duly qualified Deputy Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 01-55 with the original thereof on file in the city clerk's office, and the same is a full,true and complete copy insofar as the same relates to: RESOLUTION APPROVING A VARIANCE FROM THE SIDE YARD SETBACK FOR 6641 EAST SHADOW LAKE DRIVE Witness my hand as said Deputy Clerk and the Corporate Seal of the City this 13th day of July, 2001. Je M11 Viger,Deputy Clerk (SEAL) 600Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651-982-2400 • Fax: 651-982-2499 9 TDD: 651-982-2410 - -A 1586237 CITY' OF - IN "IE CERTIFICATION OF RESOLUTION NO.01-55 STATE OF MINNESOTA) COUNTY OF ANOKA) 02 CITY OF LINO LAKES) I,the undersigned,being the duly qualified Deputy Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 01-55 with the original thereof on file in the city clerk's office, and the same is a full, true and complete copy insofar as the same relates to: RESOLUTION APPROVING A VARIANCE FROM THE SIDE YARD SETBACK FOR 6641 EAST SHADOW LAKE DRIVE Witness my hand as said Deputy Clerk and the Corporate Seal of the City this 13th day of July, 2001. Je, 1V� .Vi9t Deputy Clerk l 600 Town Center Parkway, Lino Lakes, Minnesota 5501 4-1 1 82 Phone: 651-982-2400 • Fax: 651-982-2499 4, TDD: 651-982-2410 J 01-55 Council Member Reinert introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-55 RESOLUTION APPROVING A VARIANCE FROM THE SIDE YARD SETBACK FOR 6641 EAST SHADOW LAKE DRIVE WHEREAS, a request has been submitted to the City Council for a Variance from the City of Lino Lakes Zoning Code, and WHEREAS, the legal description of the property is: Lot 28, Block 4, Lakes Addition No. 2 and WHEREAS, Section 6, Subd. LBA.d. of the City Zoning Ordinance requires a side yard setback of ten (10) feet for the principal building and five (5) feet for an accessory building, and WHEREAS, an attached garage is required to meet the accessory building setback but living space is required to meet the principal building setback, and WHEREAS, the applicant desires to construct an addition to the existing structure that would include garage space on the main level and living space on the second story, and WHEREAS the existing structure is less than ten (10) feet from the side property line, and WHEREAS, the City Council of the City of Lino Lakes makes following findings of fact: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The existing house is small by current standards and does not meet the reasonable needs of contemporary families. 2. The plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The existing structure is less than the setback required for living space, and it is reasonable to utilize existing building walls to plan additional space. 3. The hardship is not due to economic considerations alone. This application is not driven by reluctance to spend extra money to avoid the need for a variance. 4. 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. The house on this property is built at an angle to the side lot line. 5. The proposed actions will be in keeping with the spirit and intent of the ordinance. The addition of living space to bring the home up to current standards fits with the intent of the ordinance. NOW, THEREFORE,BE IT RESOLVED, that the Lino Lakes City Council hereby approves the variance to construct the structure closer than the sideyard setback of ten (10) feet, as indicated on the attached certificate of survey by Kemper&Associates, Inc., dated April 3, 2001. Adopted by the Lino Lakes City Council this 23rdday of April , 2001 J94 J.B geso Mayor AT;I'F,�T: Ry-Chel Gaustad, CMC, Clerk/Treasurer The motion for 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, Carlson, Dahl, O'Donnell, Reinert The following voted against same: none Whereupon said resolution was declared passed and adopted. THE DAHL45TPOM RESIDENCE ! LOT 28, BLOCK 4, LAKES ADDITION NO. 2 CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA l/ I 4w5 wry .•.r.w,// // / ..,,��� - „am,,, '� / r .e, /ea°/ \,, / •ram • / OQs BLACK 0841 EAST \ 4`s t 4��. / SHADOW LAKE DRIVE [r '.•w <.\� LAKE °7 SETBACK REOUIREMENTS i�TA r.� \ wrmsm •/ / w�.wT°N�4'• - aw"apwmwq�ie,m w, \\\w m LEGEND KEMPER & ASSOCIATES INC. p��°' UUU -'..;� ,•.o, %� .��w vry LAND SURVEYING•ENGINEERING CERTIFICATE OF SURVEY i RECEIVED APR 0� 2001 i CITY OF LINO LAKES ABSTRACT Receipt# tic ❑ Certified Copy e V Date Mailed DOCUMENT NO. 1586237 . 0 ABSTRACT y5— Doc.Order of ❑ Tax Liens/Releases ANOKA COUNTY MINNESOTA .-.� � of ❑ Multi-Co Doc Tax Pd I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE ✓by: Pins: FOR RECORD ON JUL 13 2001 AT 11 :4 0 AM AND WAS DULY RECORDED. Recordability/Delgs: ❑ Transfer ❑ New Desc. FEES AND TAXES IN THE AMOUNT OF $19 .5 0 PAID. Filing Fees: ❑ Division ❑ GAC RECEIPT NO. 2001061289 Well Certificate ❑ Status ❑ Def.Spec YAXM)wm.XMM MAUREENJ.DEVINE Received this Date: Anoka County Recorder ❑ Other o Change ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES SLZ Notes: BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES