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HomeMy WebLinkAbout2014-001 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 14-01 VARIANCE FROM SHORELAND OVERLAY DISTRICT FOR MARSHAN MEADOWS SECOND ADDITION WHEREAS, a request has been submitted to the City for the approval of a variance from the Shoreland Overlay District for Marshan Meadows Second Addition, said property legally described to -wit: Lot 2, Block 1, Marshan Meadows Second Addition; and WHEREAS, the Shoreland Overlay District references a front setback of 30 feet which was consistent with the underlying zoning district; however, when the R-2 zoning ordinance was amended in 2012 to 25 feet, the Shoreland Overlay District was not properly amended to reflect the change in the front setback, and WHEREAS, review and approvals of variances are governed by state statutes and City ordinances, and WHEREAS, the Lino Lakes City Council makes the following Findings of Fact: a. The variance shall be in harmony with the general purposes and intent of the ordinance. The intent of the Shoreland Overlay District in regards to structural setbacks from public street right of way is to be consistent with the underlying zoning ordinance. The variance would allow a 25 foot setback from the public street right of way which is consistent with the R-2, Two Family zoning district. b. The variance shall be consistent with the comprehensive plan. The variance is consistent with the comprehensive plan. The land is guided for Low Density Sewered Residential development and single family homes are allowed. c. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The property owner proposes to use the property in a reasonable manner not permitted by the ordinance. The construction of a single family home in a residential neighborhood is using the property in a reasonable manner. The practical difficulty of the Shoreland Overlay District 30 foot front setback requirement is not consistent with the underlying R-2, Two Family Residential Zoning District 25 foot front setback requirement. 1 d. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The Shoreland Overlay District ordinance should have been amended when the Zoning Ordinance was amended in 2012 to reflect setback consistency with the underlying zoning district. e. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. The construction of a single family home in a residential neighborhood is consistent with the essential character of the locality. The R-2 Two Family District allows for a 25 foot front setback. f. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. Single family homes are permitted uses in the R-2, Two Family zoning district. g. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance Not applicable. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves a variance from the Shoreland Overlay District for Marshan Meadows Second Addition, subject to the following conditions: 1. The Variance Resolution, Final Plat and Development Contract shall be recorded with Anoka County. 2. A building permit for construction of a single family home shall be submitted and approved by the City. 3. A grading and drainage plan shall be submitted to the City Engineer and Rice Creek Watershed District for review and approval. Adopted by the Council of the City of Lino Lakes this 2 7 day of Jan , 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member Stoesz and was duly seconded by Council Member Kusterman and upon vote being taken thereon, the following voted in favor thereof: Stoesz, Kusterman, Rafferty, Roeser, Reinert The following voted against same: none 2 Jeff Rei e ayor ATTEST: CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: January 27, 2014 TOPIC: Marshan Meadows Second Addition i. Consider Resolution No. 14-01 Approving Variance from Shoreland Overlay District ii. Consider Resolution No. 14-02 Approving the Preliminary and Final Plat for Marshan Meadows Second Addition iii. Consider Resolution No. 14-03 Approving Development Agreement, Marshan Meadows Second Addition VOTE REQUIRED: 3/5 L-- INTRODUCTION Staff is requesting City Council consideration of a Variance, Preliminary & Final Plat and Development Agreement as they relate to Marshan Meadows Second Addition. Complete Application Date: November 15, 2013 60 -Day Review Deadline: January 11, 2014 120 -Day Review Deadline: March 12, 2014 Environmental Board Meeting: None Park Board Meeting: None Planning & Zoning Board Meeting: December 11, 2013 City Council Meeting: January 27, 2014 BACKGROUND The applicant has submitted a Land Use Application for preliminary and final plat for Marshan Meadows Second Addition. This a two (2) lot residential subdivision located at 7332 Stagecoach Trail (Lot 1, Block 1, Marshan Meadows). 1 Marshan Meadows is a residential subdivision platted in 2006. A preliminary and final plat for Marshan Meadows Second Addition proposing to subdivide the same Lot 1, Block 1, Marshan Meadows into two (2) residential lots was submitted in 2007 by Bruggeman Properties. The City Council approved the preliminary plat (Resolution No. 08-07) and final plat (Resolution No. 08- 08); however, the final plat was not recorded and has since expired. The residential home on Lot 1, Block 1, Marshan Meadows (7332 Stagecoach Trail) was constructed in 2010. With approval of this new plat, the existing home will become Lot 1, Block 1, Marshan Meadows Second Addition and Lot 2, Block 1, Marshan Meadows Second Addition will be sold for the purpose of constructing a single family home. The following staff report is based on the Plan Set dated December 13, 2013 prepared by EG Rud & Sons, Inc. Proposed Marshan Meadows Second Addition Lot 1, Block 1 97,349 s.f. 31,469 s.f. 39,819 s.f. Lot 2, Block 1 67,888 s.f. 20,116 s.f. 27,400 s.f. *Upland is equivalent to buildable land as defined by the City Ordinance. Zoning and Land Use R-2, Two Family Residential Shoreland Overlay District Floodplain Wetlands Residential Low Density Sewered Residential (1.6 to 3.9 units per acre) lA = 2008-2015 Flat with saturated deciduous shrubland and wetlands Conformity with the Comprehensive Plan and Zoning Code The preliminary plat and final plat have been reviewed for compliance with the comprehensive plan, zoning and subdivision ordinance The subdivision is not considered premature, is consistent with the comprehensive plan and meets the performance standards of the subdivision and zoning ordinance. 2 Public Land Dedication The City will require payment in lieu of land dedication for purposes of public land dedication. Since park dedication fees were paid for the existing lot at the time Marshan Meadows was platted, fees will only be required for the newly created lot (Lot 2). 1 lot x $2,500 payment in lieu = TOTAL $2,500 Landscaping One (1) boulevard tree shall be required on Lot 2, Block 1. Shoreland Management Overlay District Land located within 1,000 feet from the ordinary high water level of a public water is subject to the Shoreland Management Overlay District. The proposed subdivision abuts Marshan Lake which is classified as a Natural Environment Lake. The Shoreland Overlay District regulates lot area, lot width and impervious surface. The proposed subdivision meets those criteria. The Shoreland Overlay also regulates structure setbacks. A 150 foot setback from the ordinary high water level (OHWL) is required for all principal and accessory structures. This includes decks, patios and sheds. This setback extends into Lot 2 which limits the buildable area of that lot. It is also important to note the permitted front setback in the R-2, Two Family Residential District is 25 feet. The zoning ordinance was amended in 2012 (Ord. 03-12) which decreased the front setback from 30 feet to 25 feet. Variance The Shoreland Overlay District references a front setback of 30 feet which was consistent with the underlying zoning district; however, when the R-2 zoning ordinance was amended in 2012 to 25 feet, the Shoreland Overlay District was not amended to reflect the change in the front setback. A variance is required from the Shoreland Overlay District to correct the oversight. Criteria and Findings of Fact. No variance shall be granted unless it meets all the criteria of Section 2, Subd. 4.A.1.(a-g). The City shall make findings regarding compliance with these criteria. a. The variance shall be in harmony with the general purposes and intent of the ordinance. The intent of the Shoreland Overlay District in regards to structural setbacks from public street right of way is to be consistent with the underlying zoning ordinance. The variance would allow a 25 foot setback from the public street right of way which is consistent with the R-2, Two Family zoning district. 3 b. The variance shall be consistent with the comprehensive plan. The variance is consistent with the comprehensive plan. The land is guided for Low Density Sewered Residential development and single family homes are allowed. c. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The property owner proposes to use the property in a reasonable manner not permitted by the ordinance. The construction of a single family home in a residential neighborhood is using the property in a reasonable manner. The practical difficulty of the Shoreland Overlay District 30 foot front setback requirement is not consistent with the underlying R-2, Two Family Residential Zoning District 25 foot front setback requirement. d. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The Shoreland Overlay District ordinance should have been amended when the Zoning Ordinance was amended in 2012 to reflect setback consistency with the underlying zoning district. e. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. The construction of a single family home in a residential neighborhood is consistent with the essential character of the locality. The R-2 Two Family District allows for a 25 foot front setback. f. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. Single family homes are permitted uses in the R-2, Two Family zoning district. g. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. 4 Development Contract The City's subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes. The City Engineer has drafted the attached Development Contract. RECOMMENDATION The variance, preliminary plat and final plat for Marshan Meadows Second Addition meet the requirements of the comprehensive plan, subdivision and zoning ordinance and Shoreland Overlay District. The Planning & Zoning Board held a public hearing on December 11, 2013 and made recommendation to the City Council for approval. Staff is recommending approval of the following items with conditions as listed per resolution: 1. Resolution No. 14-01 Approving Variance from Shoreland Overlay District 2. Resolution No. 14-02 Approving the Preliminary and Final Plat for Marshan Meadows Second Addition 3. Resolution No. 14-03 Approving Development Agreement, Marshan Meadows Second Addition ATTACHMENTS 1. Resolution No. 14-01 2. Resolution No. 14-02 3. Preliminary Plat & Final Plat-Marshan Meadows Second Addition 4. Resolution No. 14-03 5. Development Contract 5