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Home My WebLink About2014-066 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 14-66 VARIANCES FOR ISABELL ESTATES WHEREAS, a request has been submitted to the City for the approval of variances for the preliminary plat, Isabell Estates, located at 535 Lois Lane and legally described as: Lot 3, Block 1, Mar Don Acres; 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 general purpose and intent of the R-1, Single Family Residential District is to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. The district is intended for development of single family detached homes on lots served with public sanitary sewer and water. The four (4) lot residential subdivision proposed for Isabell Estates meets the general purpose and intent of providing single family housing All four (4) lots will be served by public water and sanitary sewer. The development will not be detrimental to the public health, safety or general welfare of the neighborhood. b. The variance shall be consistent with the comprehensive plan. The variance is consistent with the comprehensive plan. The parcel is guided low density residential per the City's Comprehensive Plan which allows for 1.6 to 3.9 dwelling units per acre. The proposal of 3.60 units per acre is consistent with the Comprehensive Plan's guided land use and density for residential development. 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 subdivision of an existing parcel and creation of four (4) residential lots are reasonable uses of the property. The practical difficulty in complying with the lot depth, lot width and setback standards of the zoning ordinance would only allow for the creation of two (2) lots and render a majority of the parcel undevelopable. This would not be consistent with the intent of the Mar Don Acres build -out plan or the previously approved Hailey Manor and Golden Acres subdivisions. 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 created by the requirement to dedicate 30 feet of right-of-way on Arlo Lane which reduces the lot depths to 132 feet and the location of the existing house on 535 Lois Lane and not the landowner himself. e. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. The proposal to create four (4) single family residential lots for the purpose of constructing three (3) new single family homes is compatible with the surrounding existing single family homes. Similar variances were approved for the two (2) subdivisions to the east, Hailey Manor, and Golden Acres. 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-1, Single Family Residential 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 the following variances for the preliminary plat Isabell Estates: • Lot 3: Lot size of 10,560 s.f. (80' width x 132' depth) which is 240 s.f. less than the required 10,800 s.f. • Lot 4: Side yard setback from existing house of 7.2 feet which is 2.8 feet less than the required 10 foot setback. • Lots 1 thru 4: Lot depths of 132 feet which is 3 feet less than required 135 feet. BE IT FURTHER RESOLVED, a minimum 20 feet of separation shall be required between the existing residential structure on Lot 4 and the future residential structure (principal or accessory) to be constructed on Lot 3. Adopted by the Council of the City of Lino Lakes this 14th day of Ju 1 y . 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member Roeser and was duly seconded by Council Member Ku s t e rman and upon 2 vote being taken thereon, the following voted in favor thereof: Roeser, Kusterman, Rafferty, Stoesz, Reinert The following voted against same: none ATTEST: u i. e Bartell, City ler Jeff Reinert Y ayor STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION CITY COUNCIL AGENDA ITEM 6C Katie Larsen, City Planner July 14, 2014 Isabell Estates i. Consider First Reading of Ordinance No. 07-14 to Rezone Property from R, Rural to R-1, Single Family Residential ii. Consider Resolution No. 14-66 to Approve Variances iii. Consider Resolution No. 14-67 to Approve Preliminary Plat 3/5 Complete Application Date: May 12, 2014 60 -Day Review Deadline: July 11, 2014 120 -Day Review Deadline: September 9, 2014 Environmental Board Meeting: May 28, 2014 Park Board Meeting: NA Planning & Zoning Board Meeting: June 11, 2014 City Council Work Session: July 7, 2014 City Council Meeting: July 14, 2014 The applicant has submitted a Land Use Application for rezoning, variances and preliminary plat for Isabell Estates. This is a four (4) lot residential subdivision located at 535 Lois Lane which is legally described as Lot 3, Block 1, Mar Don Acres. BACKGROUND The Planning & Zoning Staff Report dated June 11, 2014 details the proposed project. The most current plan set is dated April 24, 2014 prepared by M&P Associates, Inc. and received by the City on May 12, 2014. 1 A residential home currently exists at 535 Lois Lane. This home will stay in place. The preliminary plat creates three (3) new lots for a total of 4 lots. The applicant proposes to construct new homes on the lots. The Planning & Zoning Board held a public hearing on June 11, 2014 and recommended approval of the project. Rezoning The parcel is currently zoned R, Rural and requires rezoning to R-1, Single Family Residential. The Planning and Zoning Board held a public hearing and found the proposal meets the criteria for rezoning as detailed in Ordinance 07-14. Variances The lot and yard requirements for lot size, depth and setbacks have been detailed in the June 11, 2014 Planning & Zoning staff report. The following variances are required for the Isabell Estates preliminary plat: • Lot 3: Lot size of 10,560 s.f. (80' width x 132' depth) which is 240 s.f. less than the required 10,800 s.f. • Lot 4: Side yard setback from existing house of 7.2 feet which is 2.8 feet less than the required 10 foot setback. • Lots 1 thru 4: Lot depths of 132 feet which is 3 feet less than required 135 feet. The Findings of Fact are detailed in Resolution No. 14-66. Subdivision Ordinance The preliminary plat has been reviewed for compliance with the comprehensive plan, zoning and subdivision ordinance. The subdivision is not considered premature, is consistent with the comprehensive plan for residential development and meets the performance standards of the subdivision and zoning ordinance with the approved minor variances. The rezoning, variances and preliminary plat are also consistent with the neighboring residential subdivisions, Hailey Manor and Golden Acres. Comprehensive Plan The proposed four (4) lot residential subdivision for the construction of three (3) single family homes for Isabell Estates is in compliance with the Comprehensive Plan in terms of Resource Management System, Land Use Plan, Housing Plan, and Transportation Plan. The parcel is guided Low Density Sewered Residential per the City's Comprehensive Plan which allows for 1.6 to 3.9 dwelling units per acre. The proposal of 3.60 units per acre is consistent with the Comprehensive Plan's guided land use and density. 2 Final Plat A land use application and fees for Final Plat shall be required. At such time, the developer shall enter into a Development Contract and other documents as the City deems necessary. RECOMMENDATION The Planning & Zoning Board and staff recommend approval of the rezoning, variances and preliminary plat for Isabell Estates subject to the conditions listed in Resolution 14-67. ATTACHMENTS 1. Site Location Map 2. Aerial Map 3. Ordinance No. 07-14 4. 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