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Home My WebLink About2003-207 Council Resolution• • • CITY OF LINO LAKES RESOLUTION NO. 03-207 RESOLUTION APPROVING A VARIANCE FROM THE SIDE YARD SETBACK REQUIREMENT FOR PROPERTY LOCATED AT 6750 BLACK DUCK DRIVE WHEREAS, the City has received an application for a Variance requesting that an accessory building be sited 4.5 feet from the side yard property line, and WHEREAS, the City's zoning ordinance, in Section 6, subd. 1.4.c.2, requires that accessory structures be sited five feet from side yard property lines, NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the proposed six inch Variance, as described in the attached staff report, dated November 24, 2003. Adopted by the Lino Lakes City Council this 24th day of November, 2003. ATTEST: Ann B1 , City Clerk Jo J. Beres on ay or • • • AGENDA ITEM 7B STAFF ORIGINATOR: Tanda Gretz C.C. MEETING DATE: November 24, 2003 TOPIC: Variance from the required 5 -foot side yard for accessory buildings Kerry Burnham/Don Sina - Capital Homes 6750 Black Duck Drive ACTION REQUIRED: 3/5 vote BACKGROUND Capital Homes has constructed a home at 6750 Black Duck Drive (Lot 4, Block 7, Lakes Addition No. 2). The survey submitted for the proposed construction showed a side yard setback on the accessory/garage side at 5 feet, and on the home side at 15 feet. The Lino Lakes Zoning Ordinance requires the following side yard setbacks: five feet for accessory buildings and 10 -feet for principle structures. Thus, the proposed setbacks for the property were in compliance with ordinance requirements. After homes are constructed, the City requires that an "As -Built" survey be done to verify that the home has been built to specifications. The as -built survey for this property showed that the required five-foot side yard setback for the garage had not been met, being only 4.5 feet rather than the required 5 feet. For this reason, the applicant is asking for a 6 -inch variance from ordinance requirements. This report is based on the following exhibits: 1.) General Location Map. 2.) Courtesy Letter to Neighboring Property Owner. 3.) Certificate of Survey ("as -built" construction), dated October 14, 2003. C.C. Meeting Capital Homes Variance — 6750 Black Duck Drive November 24, 2003 III ANALYSIS Land Use & Zoning The following chart summarizes the zoning and land use of the subject property, as well as surrounding properties: • Location Guided Land Use Existing Zoning Site Low Density, Sewered Residential R-1, Residential Single Family West CC North 44 " East Public/Semi-Public (regional park) Public/Semi-Public (regional park) South Low Density, Sewered Residential R-1, Residential Single Family Setback Requirements The garage of the subject property is no longer in compliance with City Zoning Ordinance requirements, and an "after -the -fact" variance has been requested. The variance is for six inches for the side yard setback: specifically, a variance from the required 5 feet, to the 4.5 feet the garage was actually constructed at. PLANNING & ZONING BOARD The above report was presented at the November 12th meeting of the Planning & Zoning Board. After consideration of the issues, the board voted to approve the proposed variance. CONCLUSION Since the home and garage have already been constructed and there is no practical way to correct the setback, staff would recommend approval of this variance application. The neighboring property owner to the south has been notified of this variances application. OPTIONS 1.) Recommend approval of the proposed Variance. 2.) Recommend denial of the proposed Variance. 3.) Return to staff with direction. RECOMMENDATION Option #1. EXHIBIT # / IANAU ESTATES, 5 4 3 October 29, 2003 Resident/Owner 6742 Black Duck Drive Lino Lakes, MN 55014 EXHIBIT # 2— Re: Courtesy Letter — Variance Request for 6750 Black Duck Drive Dear Lino Lakes Resident/Owner: I am just writing to make you aware of a Variance application the City has received for property adjacent to yours. Capital Homes has applied for a variance to the required the side yard setback for property located to your north, at 6750 Black Duck Drive. More specifically, the requested variance is for 6 inches, as the garage should have been setback five feet from the property line, but was mistakenly actually constructed only 4 feet, 6 inches from the property line. The City is making you aware of this variance application simply because the property is adjacent to yours, and the garage is now sited closer to your property than what is normally allowed under the Lino Lakes Zoning Ordinance. If you have comments to make regarding this application, you should plan to attend the November 12t meeting of the Planning & Zoning Board, to be held here at City Hall at 6:30. Please feel free to contact me at 651-982-2426 should you have any questions regarding this issue. Respectfully, Tanda Gretz Associate Planner 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651-982-2400 • Fax: 651-982-2499 • TDD: 651-982-2410 RECORD DRAWING DEVELOPMENT ENGINEERING, P. A. 1296 Hudson Road St. Paul, Minnesota 55108 Survey Made For: CAPITAL HOMES Legal Description: LOT 4, BLOCK 7, LAKES ADDITION NO. 2, ANOKA COUNTY, MN. NOTE: Rear Lot Corners were not.monumented due to water. S00'14'11 "W 85.03 0 r ID `t10_ 888 --- R y 1 co 5\1Q N o2N E6 z:19.-�-- '.5tI if 1 9.5 ^1 A° 24.0_ 4r • 31.5 $ JA 11 ' D 1 IMAGE do UTILITY EASEMENT,d9 • ': —' 1 V'A`•t� (PER PLAT)g90'^ �''— O, o `'ti I/2" oPor worr PIPE Q� ' 10.24 ' 85.00 Concrete �� ''N4.91 '''''''S.-01 .3835;4040.w Driveway Y seep, 4 4.8-..seeoao DRAINAGE & UTILITY EASEMENT (PER PLAT) DOCUMENT N0. 1715183 DRAINAGE & UTILITY EASEMENT r 0 0 • +4" 0 0 4s rn Cn 40.0 25.0 Existing Split Level Walkout House GARAGE EXHIBIT #J EXISTING HOUSE n N SCALE 1 inch = 20 ft. 888 --_ _ _V 1 1 --r BASIS OF BEARINGS: The Plat of Lakes Addition No. 2, Anoka County, Mn. STREET ADDRESS: 6750 BLACKDUCK DRIVE NOTES O Denotes 5/8 inch Rebar monument set & capped RLS 23300. Denotes Iron monument found, • size & type as noted. Denotes contours from spot elevations shot 9-26-03. x ew.re Denotes Spot Elevation shot 9-26-03. Denotes Concrete Curb & Gutter. DEVELOPMENT ENGINEERING, P.A. JOB N0. 2003.140A I certify that this survey, plan or report was prepared by me or under my direct supervision, and that I am a duly Registered Land Surveyor under the lows of the State of Minnesota. Richard C. Person Registered Land Surveyor Minnesota Registration No. 23300 /P -/Y -Q..3 Date