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Home My WebLink About2001-082 Council Resolution01-82 Council Member o'Donnel]introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-82 RESOLUTION APPROVING A VARIANCE FOR A STRUCTURE SETBACK AND APPROVING A VARIANCE FOR DRIVEWAY SETBACK FROM INTERSECTION, GOVERNMENT LOT 7, SECTION 36, AT THE SOUTHEAST CORNER OF 64TH ST. AND 20TH AVE. WHEREAS, a request has been submitted to the City Council for two Variances from the City of Lino Lakes Zoning Code, and WHEREAS, the legal description of the property is: That part of Government Lot 7, Section 36, Township 31, Range 22, Anoka County, Minnesota, excepting the easement to the State of Minnesota for Highway purposes. and WHEREAS, Section 5 Subdivision 1.B.3.a.2) of the Lino Lakes zoning ordinance requires structure setback of 40 feet from a collector road, and WHEREAS, Section 3 Subdivision 5.C.8.f.1) of the Lino Lakes zoning ordinance requires that a curb cut/driveway access shall be located at least 30 feet from the intersection of two streets, measured from the intersection of lot lines, and WHEREAS, the applicant desires to construct a single family detached house and garage that will be less than 40 feet from 20th Ave., and WHEREAS, the applicant desires to construct the curb cut/driveway access to 64th St. less than 30 feet from the intersection of 64th St. and 20th Ave., and WHEREAS, the City Council of the City of Lino Lakes makes following findings of fact: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The amount and location of wetlands on the site leaves very little upland on which to build a house and driveway. 2. The plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The amount and location of wetlands on the site leaves very little upland on which to build a house and driveway. 3. The hardship is not due to economic considerations alone. This application is not driven by reluctance to spend extra money to avoid the need for a variance. 4. 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. The physical features of the site create the hardship. 5. The proposed actions will be in keeping with the spirit and intent of the ordinance. In order to meet the setbacks required by the ordinance, the applicant would have to fill an excessive amount of wetland. It is preferable to grant the variances rather than create additional impact on the wetlands. NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves a variance to allow a structure within 10 feet of the road and a variance to allow the driveway 10 feet from the intersection, as indicated on the attached Certificate of Survey by E. G. Rud & Sons, Inc., dated 5-23-2001. BE IT FURTHER RESOLVED that the following conditions of approval apply: 1. Building permit must be obtained for the structure. 2. Applicant must obtain approval of wetland plan from the Vadnais Lake Area Watershed Management Organization Adopted by the Lino Lakes City Council 25th day of June, 2001 eson, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Reinert and upon vote being taken thereon, the following voted in favor thereof: Carlson, Dahl, O'Donnell, Reinert The following voted against same: Bergeson Whereupon said resolution was declared passed and adopted. CERTIFICATION OF RESOLUTION NO. 01-82 STATE OF MINNESOTA) COUNTY OF ANOKA) CITY OF LINO LAKES) I, the undersigned, being the duly qualified Deputy Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 01-82 with the original thereof on file in the city clerk's office, and the same is a full, true and complete copy insofar as the same relates to: RESOLUTION APPROVING A VARIANCE FOR A STRUCTURE SETBACK AND APPROVING A VARIANCE FOR A DRIVEWAY SETBACK FROM INTERSECTION, GOVERNMENT LOT 7, SECTION 36, AT THE SOUTHEAST CORNER OF 64TH STREET AND 20TH AVENUE Witness my hand as said Deputy Clerk and the Corporate Seal of the City this 6th day of August, 2001. \y Viger, Deputy Clerk 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651-982-2400 • Fax: 651-982-2499 • TDD: 651-982-2410 STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: AGENDA ITEM 7 B Jeff Smyser June 25, 2001 Resolution 01-82 Variance From Collector Street Setback and Variance From Driveway Setback From Intersection Glenn Valentine, Ventura Homes, Inc. Southwest Corner, 64th St. & 20th Ave. ACTION REQUIRED: 3/5 vote BACKGROUND Mr. Glenn Valentine of Ventura Homes has applied for a variance from the required setback from a collector road. The site lies between I -35E and 20th Ave. (Co. Rd. 54). Most of the site is wetland. Only a small portion of the site is upland: the area along 20th Ave. Variances from required road setbacks will be needed if a house and driveway are to be built. Some wetland fill will be required. This report is based on the certificate of survey by E. G. Rud & Sons, Inc. dated 5/23/01. ANALYSIS Structure Setback From Road: In the R -X Rural Executive zoning district, the City's zoning ordinance requires a 40' building setback from a collector road such as 20th Ave. This site has only a small area of upland. Some wetland fill will be required if a house is to be built. The greater the road setback, the more wetland fill will occur. The request is to allow the structure to be 10 feet from the right of way of 20th Ave. Driveway Setback From Intersection: The driveway must be at least 30 feet from the intersection, measured from the corner of the property (Sec. 3 Subd. 5.C.8.f of the zoning ordinance). However, this would require additional wetland fill for the driveway. Therefore, a variance is needed for this as well. The driveway as shown on the submitted survey is 10 feet from the intersection. Future Right of Way: Anoka County has informed us that it foresees the need for an additional five feet of right of way on each side of the road. If this occurs, the garage and driveway will be, only five feet from the ROW. While this is an undesirable situation, it is a trade-off between being closer to the road and filling more wetland. The City cannot simply prevent the property owner from using the land. Valentine Variance page 2 Wetland: The site is located within the jurisdiction of the Vadnais Lake Area Watershed Management Organization (VLAWMO). Because of the wetland impact, a review by VLAWMO is pending. The location of the house will determine the amount of wetland fill needed. The plan shows just under 1000 sf of fill, as noted on the attached VLAWMO notice. Increasing the road setbacks will increase the wetland fill. The VLAWMO board meets June 14 at 7:30 am. (the morning after the P & Z meeting). The VLAWMO staff recommendation is to approve the plan. Alternate Site for Septic System: Any new house on well and septic must have an alternate drainfield site designated. This is to ensure that a new drainfield can be constructed if the first one fails. The survey shows two drainfield sites. Findings for Variance In considering all requests for variance and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 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. 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. 5. That the proposed actions will be -in keeping with the spirit and intent of the ordinance. This site is severely restricted because of the wetlands. Without variances from setback requirements, the property cannot be used. The physical circumstance is not created by the landowner. The hardship is not due to economic considerations. No special privelege is being granted. This type of hardship is the reason for variances. PLANNING & ZONING BOARD ACTION The P & Z reviewed the application at its June 13 meeting and recommended approval with the conditions listed below. Valentine Variance page 3 Recommended Conditions of Approval Staff would recommend the following conditions of approval apply: 1. Building permit must be obtained for the structure. 2. Applicant must obtain approval of wetland plan from the Vadnais Lake Area Watershed Management Organization 3. Applicant should consider the feasibility of a wetland treatment system for the onsite septic system. OPTIONS 1. Approve Resolution 01-82 approving the variances to allow structure to be 10 feet from the collector road and variance to allow the driveway to be 10 feet from the intersection,. 2. Deny the variance request. 3. Return to staff with direction. RECOMMENDATION Option 1 illinalialrouprillITralital Nee ISC:iiirj:7,,1,7,E vocopoGICIDO MIgiCam o �►� .0.. ��o'� �T�a�dd?�m0^ate, neo � tuta.,M. o d Qo6,uF1 mmaRa�OVel1111 I co,. of I 930? 32 T. 31 N. R. 2?W - M 929.93 11317 11 +� J.�... 13 0 E929T.61 BI 929 07 EBIT 92987 929.83 E8/T 929.79 (err • 92916" EB/ 7 y 92.9. 26 (B/T Mir 14`#.0:.1*41,11AK-1K K . •`=L-'' 927. .926 v.) 928.23 ESIT g)471i-4 eTREET N89°26' 40"W 7792 N. line of the NW - 928.36 rp/T 928 22 CBI 928.21 9. EBIT 928.30 928 ' 3 926.41 Y 0 HfTA1 926 7 GE 925.38 DITCH • S89'26'40"E �26. ►9s1ra2 Proposed Wetland Fill Area ^' 270 Square Feet x0E 927!9 7 9'6.88 (2 7 x 10) 927. 7 x . }� WC TA CE 92591 1037 925,.49 1036' . 92561 --------_ •. 926.76 WE T.45 4 • Proposed Wetland Fill Area 140 Square Feet (20 x 7) 926.07 ?6. $ ' 1040 too" Builder to expose 4-5 feet of-- Btock to Match Wetland Elev. 3 ft. from wetland to proposed house 926.76 Dl rC/H. -93a 66 0019 930.53 BORINOHOL E M=928.1 60 ••1 92 !; D� SEPIA 1 931.31,1 06 92960• . s it/c �„ 1 MB 9276 til W 4... s Is) . 926.60 b rA • 4, " srPT,'C . 3 • 931.4 " SEPT/4' Uplan( 1050 Sq I 3 ..1 Proposed Wetland Fill Area 605 Square Feet • I•x 927.57 SEPTIC • .1 n Cf 927 79 4E7;49 r Y ` / • • CERTIFICATE OF SURVEY FOR: TOM C,9RLS0N The NW 1/4 corner of Sec. 36. T.31N, R.22W,-- Anoka County, Minnesoto. SA" • p 07 frw N89°26 ' 40"W 385.73 J Riff c. „--N. line of the NWS 4 of the NW 1/4 of Sec 36, T.31N. R.22W. jos JA" �n `'1 Mfr • ��`s eA�r4e. Ce. lr. S... 7.7 1�i7* 41:674 4.RGTi 1111## 4646 'we% --33.00' Rood Easement - •2�4 0. S89'26 40"E f 339.20 !7 • • r-� sem..- _ ./ ,Y Uo' /406,I'/--;// A /RSES) 5J M-928. 4 Ma92i ,Q. •I Ar/ !, .5 W. line of the NW 1/4 of the NW 1/4 of IVEp AY 2'3 2001 OF LI Builder to expose 4-5 feet of Block to Match Wetland Elev. Proposed Wetland Fill Area 550 Squore Feet • Borings by System Solutions • Edge of delineated wetland O LAKES l -k 100 •1 CO� 4 r9 9)• 100 / North Scale 1 "= 50' vP/ 93/ � 24.33 . 9.67 GARAGE H L y3/- 9600 To Rik-. 9.98 3 PROP. HOUSE , 5 CRS. BSMNT fasn.,/'929./ 44.00 -u DIAGIONAL: 44.33 X 72.00 = 84.55 PROPERTY DESCRIPTION Note: No title work provided. That port of Goverment Lot 7, Section 36, Township 31, Range 22, Anoka County, Minnesota, excepting the easement to the State of Minnesota for Highway purposes. I hereby 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 laws of the State of Minnesota. Date: -.Cr 23-000/ License No. 9�O8 LEGEND 11 DENOTES ® DENOTES x 863.24 DENOTES DENOTES • DENOTES 0 DENOTES DENOTES 11 FOOT OFFSET PROPOSED ELEVATIONS. EXISTING ELEVATIONS. DIRECTION OF DRAINAGE. FOUND IRON BOR/NG FOUND C.I.M. Namur, 4 SONS, INC. LAND SURVEYORS 9180 LEXINGTON AVE. NO. CIRCLE PINES, MINNESOTA TEL. 163-186 - 6666 RAX 163-186-6001 JOB 1113311s