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HomeMy WebLinkAbout2015-021 Council Resolution1 • CITY OF LINO LAKES RESOLUTION NO. 15-21 RESOLUTION DENYING REZONING OF PROPERTY LOCATED AT 6966 AND 6970 LAKE DRIVE FROM R-1, SINGLE FAMILY TO R, RURAL WHEREAS, the City received a Land Use Application requesting rezoning of property located at 6966 Lake Drive (PID# 19-31-22-41-0006) and 6970 Lake Drive (PID# 19-31-22-41-0005) for the purpose of keeping farm animals; and WHEREAS, both parcels are currently zoned R-1, Single Family Residential and the R-1, Single Family Residential zoning district does not allow for the keeping of farm animals; and WHEREAS, the applicant is requesting both parcels be rezoned to R, Rural, which does allow for the keeping of farm animals; and WHEREAS, the Planning & Zoning Board held a public hearing on February 11, 2015, and recommended that the Application be denied. NOW THEREFORE, in light of the factors set forth in City Zoning Ordinance Section 2, subdivision 1(E), the Council makes the following: FINDINGS . The proposed action has been considered in relation to the specific policies and provisions of, and has been found to be consistent with, the official City Comprehensive Plan. Per the City's Comprehensive Plan, the parcels are guided Low Density Sewered Residential and are within the 1A: 2008-2015 utility staging area. The watermain and sanitary sewer systems in this staging area have capacity to accommodate development along this stretch of Lake Drive. Rezoning to R, Rural would not be consistent with the Comprehensive Plan for low density sewered development. 2. The proposed use is or will be compatible with present and future land uses of the area. Present and future land uses in the area are a mix of low density sewered residential, medium density and commercial development. Rezoning these two parcels to R, Rural to allow for farm animals would not be compatible with present and future land uses of the area and would be considered spot zoning. Spot zoning is poor planning practice and is not advised. • 3. The proposed use conforms to all performance standards contained herein. If re -zoned to R, Rural, the parcels would not meet performance standards for lot width and lot area and would be considered substandard lots. Both parcels are approximately 200 feet • • wide and 3-4 acres in size. Rurally zoned parcels require 330 feet in width and 10 acres in size. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Per the City's Comprehensive Plan, the parcels are within the IA: 2008-2015 utility staging area. The watermain and sanitary sewer systems have capacity to accommodate development along this stretch of Lake Drive. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. Lake Drive/CSAH 23 is a minor arterial road. Traffic generation would not be increased or decreased by the proposed rezoning. BE IT RESOLVED that, based upon the above Findings, the City Council of the City of Lino Lakes denies the application for rezoning of the parcels located at 6966 and 6970 Lake Drive from R-1, Single Family Residential to R, Rural. Adopted by the Council of the City of Lino Lakes this 9 ttlay of March, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Roe ser and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Roeser, Kusterman, Reinert The following voted against same: none (Absent - Stoesz) ATTEST: Juli nne Bartell, C* Clerk • CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: March 9, 2015 TOPIC: Consider Resolution No. 15-21 Denying Rezoning of Property Located at 6966 and 6970 Lake Drive from R-1, Single Family Residential to R, Rural VO I REQUIRED: 3/5 INTRODUCTION The applicant, Robert and Carol Stanek, is requesting their property located at 6966 & 6970 Lake Drive be rezoned from R-1 Single Family Residential to R, Rural for the purpose of keeping farm animals. BACKGROUND • The Planning & Zoning Staff Report dated February 11, 2015 details the rezoning request. In summary, the property owners are currently keeping chickens, goats and horses on their property located at 6966 & 6970 Lake Drive. These animals are defined as farm animals per the zoning ordinance. The properties are currently zoned R-1, Single Family Residential and R-1 zoned parcels do not allow for the keeping of farm animals. Only parcels zoned R, Rural allow for keeping of farm animals. The Planning & Zoning Board held a public hearing on February 11, 2015. Five residents spoke at the public hearing in favor of the rezoning. Two residents who were not able to attend the meeting contacted City staff to offer their support of the rezoning. Due to the concerns and issues as detailed in the Planning & Zoning Staff Report, staff does not recommend approval of the rezoning. The Planning & Zoning Board voted 3-2 in favor of not rezoning the property. The Planning & Zoning Board requested staff to evaluate amending the ordinance to base the keeping of farm animals on lot size vs. zoning district. • RECOMMENDATION Staff recommends approval of Resolution No. 15-21. ATTACHMENTS 1. Resolution No. 15-21