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Home My WebLink About2003-133 Council Resolution• CITY OF LINO LAKES RESOLUTION NO. 03-133 APPROVING A VARIANCE FROM THE 100 -FOOT STREET SETBACK REQUIREMENT FOR ACCESSORY BUILDINGS PLACED CLOSER TO THE FRONT LOT LINE THAN A PRINCIPLE BUILDING (IN THE RURAL ZONE) WHEREAS, the City has received an application for a Variance requesting that a detached accessory building be sited closer to the front lot line than the principle structure, for property located at 6340 Red Maple Lane (which is in a Rural zone), and WHEREAS, the City's zoning ordinance, in Section 3, subd. 4.D.1.c., requires that such a detached accessory building must be set back at least 100 feet from the street right-of- way when located in a Rural zone, and WHEREAS, hardship can be demonstrated in this case by the presence of a mound septic system which precludes the proposed accessory building from meeting the required 100 - foot setback, NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the proposed Variance, as described in the attached staff report, dated August 25, 2003. Adopted by the Lino Lakes City Council this 25th day of August, 2003. ATTEST: Aim Blair,/City Clerk • J. B eson, ayor RESHANAU EXHIBIT # 12 L_ AIL1 1 02 a2 t..6.4wHITE 5r OA.. 3 A • og fl Is HOW Y EXHIBIT # ?- • •; .„, EXHIBIT # _3 E: B T# z} EXHIBIT SKETCH PLAN ************** 1. Please 1 e all of the items listed below where pplicab CK LIST ******* Scale x 3b orth Arrow Structur • i o Side Lot Setback Road Setback Septic Tank Location eld Location tion of All Wells and Depths Within 100 ft. of Tank and Drainfield 0 r—m 0f-PratrivIrater Line ,Location of Wetland Areas (t /1 4 11 tt (f rt rh y' -- ;1 r 440 tiE\.4 =4 cto0-4:4 0 • EXHIBIT # (o ELEVATED SEPTIC SYSTEM DESIGN ********************************** Location: Lynn Fernstrom, Lot 1, Block 3, Colonial Woods, City of Lino Lakes, Anoka Co. Percolation Average: 2 mpi Type of Residence: ®I❑II❑III❑IV Number of Bedrooms: 4 Maximum GPD Water Usage: 600 Depth to Mottled Soil: 6-20" Depth to Watertable: 2'+ Depth of Clean Sand Under Rock Bed: 24" Length of Basal Area: 50' Width Basal Area: 20' Total Square Feet of Treatment Area: 500 Length of Treatment Area: 50' Width of Treatment Area: 10' Desired Slope of Basal Area: 4:1 Type of Distribution: pressure Septic Tank Number & Size: 1250 gallon(check existing tank for size & integrity -replace if necessary)' Lift Tank Size — (With Alarm): 1000 gallon Depth of Filter Rock Below Pipe: 9" Depth of Filter Rock Above Pipe: 2" Type of Cover Over Filter Rock: fabric Pump Size: 29gpm/15'hd. Pipe Size in Treatment Area: 1.5" Distance & Depth to All Wells Within 100 ft: 50'+ to deep well Distance to Lake or Stream: NA Use of a Garbage Disposal or Hot Tub: ❑(Y) ® (N) Special Conditions: Keep the system in the area near B-5, B-6, and Designed by: Chris Zierke Signed: MPCA Certification # 00998 Lic.# 119 • CERTIFICATE OF SURVEY FOR LYNN F E R N S T R O M (MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOT) KURTH SURVEYING, INC. 4002 JEFFERSON ST. N.E. I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF T. ST/yTE OF I LANES A. .C4 ZIA Randy L. Kurth. L.L.S. No. 20270 Russell J. Kurth. L.L.S. No. 16113 COLUMBIA FE/GNI-5 MN 55421 EITFAX (O7602 UAL:788-9769 URHSURVEYOA3L.CM - Y°T p.L LOT 7.0 .,A = LlSell 0-` SG2. \.OL% A.c - No Y:.ASGMCNZS beb\CAZ`-o' \N. `(lid: Vu v or "CoLnNIAL v.(oopS:' - NO DELIMLPir D WC -Z LANc>5 OIJ il-lli LoT - No \l\Su6LG GNc-GNoACIArelC:N'C S. S 89°18'18"E 0 30 I � I SCALE IN FEET 231.00 DATE a - k ° �✓ • •IRON MONUMENT FOUND k MARKED WITH LLS. 03527 it/CAMca5 PGP. QL 6-r 111.00 N 89°18'18"W RED MAIL E LANE LOT 1, BLOCK 3, COLONIAL WOODS, ANOKA COUNTY, MINNESOTA • • • AGENDA ITEM 7F STAFF ORIGINATOR: Tanda Gretz C.C. MEETING DATE: August 25, 2003 TOPIC: Resolution No. 03-133 Variance from the 100' setback requirement for accessory buildings placed closer to the front lot line than a principle building (Rural zone) George/Lynn Fernstrom, 6340 Red Maple Lane ACTION REQUIRED: 3/5 vote BACKGROUND George and Lynn Fernstrom own a home with an attached garage on property located at 6340 Red Maple Lane. Mr. Fernstrom would like to construct a second, detached garage, but such a proposed garage would have to be sited in front of the home due to placement of a septic system. The Lino Lakes Zoning Ordinance allows for such placement of accessory buildings in the Rural zone, but stipulates that they should be set back from the street right-of-way at least 100 feet (Section 3, subd. 4.D.1.c). The proposed garage could only accommodate a setback of 58 feet, however, due to the location of the septic system, and so the applicants are requesting a variance. This report is based on the following exhibits: 1.) General site location map. 2-4. Elevation sketches of proposed garage 5-6.) Septic location information 7.) Certifificate of Survey • • • City Council August 25, 2003 Fernstrom Variance ANALYSIS Land Use & Zoning The following chart describes the land use and zoning for the subject site, as well as surrounding properties. Location Guided Land Use Existing Zoning Site Low Density, Unsewered Residential Rural West ,, North " East " " South " " Setbacks The proposed garage will be sited closer to the street right-of-way than the home. Such placement of accessory buildings is allowed in the rural zone, provided a setback of at least 100 feet from the right-of-way can be achieved (Section 3, subd. 4.D.1.c). However, achieving a 100' setback for the proposed garage is not possible, due to placement of a septic system, which was installed in its present location about a year ago based on the recommendation of the septic system designer (Exhibits 5 & 6). The furthest the proposed garage could be sited would be 58' from the right-of-way. The existing garage is 79' from the right-of-way. Other possible locations for the garage — such as directly to the rear of the home - do not seem functionally practical, as there does not appear to be room between the edge of the septic system and the existing garage (approx. 8-12') to accommodate a driveway, and such a driveway would end up crossing septic pipes. Alternatively, placing a garage on the opposite side of the property from the existing garage is also problematic due to the location of an existing pond and the necessity of constructing a second driveway. Accessory Building Requirements The subject lot is just under 1-1/4 acres in size. As such, the property is allowed a total of one attached garage and one detached accessory structure, and an overall total of 1,200 square feet of accessory building space. The proposed garage would meet these requirements in terms of number of accessory buildings, as the applicant reports the existing attached garage is currently the only accessory building on the property. In terms of square footage, the footprint of the proposed garage is 22' x 28' or a total of 616 square feet (the Certificate of Survey shows this as 20' x 28', which is incorrect). • • City Council August 25, 2003 Fernstrom Variance This square footage, added to the existing 24' x 24' garage, totals 1,192 square feet. This is within the 1,200 sq.ft. maximum set by City ordinance. 616 = lower level of proposed garage (22' x 28') + 576 = existing garage (24' x 24') 1192 total square feet The proposed garage will have a 385 sq.ft. (22' x 17-1/2') loft area, but City building inspectors report that such upper areas have not traditionally been counted when figuring accessory square footage totals. The garage meets other zoning requirements: it is 20 feet in height and thus meets height requirements, and although the siding is vertically oriented, the applicant reports that it is a non-metalic, lap siding and is thus not in violation of the prohibition against metal sheet/panel siding on accessory buildings for a property of this size. FINDINGS OF FACT FOR A VARIANCE Variances are driven by issues of hardship. In considering all requests for Variance, and in taking subsequent action, the City shall thus make a finding of fact on the following five issues of hardship: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Comment: a second garage cannot be sited in any area near the existing garage without a variance, since the location of the septic system prevents its placement in a location that would meet ordinance requirements. 2. That the plight of the landowners is due to physical circumstances unique to his property and not created by the landowner. Comment: the septic system location poses a physical circumstance/situation that precludes siting the garage in a location that would meet ordinance requirements. 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. Comment: hardship is demonstrated by the location of the septic system, which precludes the homeowner from siting a second garage in reasonable location near the existing garage.. • • • City Council August 25, 2003 Fernstrom Variance 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. Comment: since there is a demonstrable issue of hardship, there would not be any special privilege conferred. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Comment: variances can be granted, while at the same time upholding the spirit of the ordinance, when hardship can be demonstrated. CONCLUSION The issue of hardship drives all requests for variances. Hardship can be demonstrated in this instance by the location of the septic system. The septic mound precludes the proposed garage from being sited in an area that would satisfy ordinance requirements. In this way, hardship can be demonstrated and staff would recommend approval of the requested variance. PLANNING & ZONING BOARD The above report was presented at the August 13th meeting of the Planning & Zoning Board. After consideration of the issues, the board voted to approve the proposed variance. OPTIONS 1.) Approve the proposed Variance. 2.) Deny the proposed Variance. 3.) Return to staff with direction. RECOMMENDATION Option #1