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Home My WebLink About2001-108 Council Resolution 01-108 Council Member O'Donnell introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-108 RESOLUTION APPROVING A VARIANCE TO ALLOW AN ACCESSORY BUILDING TO BE CLOSER TO THE FRONT LOT LINE THAN THE PRINCIPAL BUILDING AT 8075 20TH AVENUE NORTH WHEREAS, a request has been submitted to the City Council for a Variance from the City of Lino Lakes Zoning Code, and WHEREAS, the legal description of the property is: Lot 1, Block 1, Van Elsberg Estates, Anoka County, Minnesota and WHEREAS, Section 3 Subd. 4.13.l.c. of the Lino Lakes zoning ordinance states that "No detached accessory structure shall be closer to the front lot line than the principal building or its attached garage", and WHEREAS, the applicant desires to construct an accessory building closer to the front lot line than the existing house, 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 existing drainfield and need for a secondary drainfield area prevents the accessory building from being built to the southwest of the house. 2. The plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The location of the low, wet area prevents an accessory building from being built north of the house the low-lying, wet area to the limits the location of a driveway to serve the area behind the house where there might be upland to build a storage building on. 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. The landowner's intent to use the new building for storage use fits with the purpose of the Rural zoning district. NOW,THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves the variance to construct an accessory structure closer to the front lot line than the principal building, in the general location indicated on the attached drawing received by the City on June 6, 2001. BE IT FURTHER RESOLVED that the following condition of approval applies: 1. A building permit must be obtained before construction of the accessory building begins. Adopted by the Lino Lakes City Council this 23rdday of-July , 2001 John . Ber 'son,, ayor ATTEST: can V er, Deput ler 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. Bergeson, Carlson, Dahl, Reinert and O'Donnell The following voted against same: None. Whereupon said resolution was declared passed and adopted. CII�OF �N)LBKE5 CERTIFICATION OF RESOLUTION NO. 01-108 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. 0 1-108 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 TO ALLOW AN ACCESSORY BUILDING TO BE CLOSER TO THE FRONT LINE THAN THE PRINCIPAL BUILDING AT 8075—20"H AVENUE NORTH Witness my hand as said Deputy Clerk and the Corporate Seal of the City this 23th day of July, 2001. r ' rt J M.1Viger, Deputy Cle (SE ) 600 Town Center Parkway, Lino Lakes, Minnesota 5501 4-1 1 82 Phone: 651-982-2400 • Fax: 651-982-2499 • TDD: 651-982-2410 AGENDA ITEM 7 A STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: July 23, 2001 TOPIC: Resolution 01-108 Approving Variance To Allow Accessory Building Closer To Front Lot Line Than Principal Buildin Sai Lee, 8075 20t Ave. No. ACTION REQUIRED: 3/5 vote BACKGROUND Mr. Sai Lee has applied for a variance from the prohibition on building an accessory building closer to the front lot line than the principal building. This report is based on a 1999 Certificate of Survey of the property by E. G. Rud & Sons, Inc. and a hand drawing showing the approximate location of the proposed accessory building. Both were receive 6/6/01. The City's zoning ordinance states that "No detached accessory structure shall be closer to the front lot line than the principal building or its attached garage (Section 3 Subd. 4.D.l.c.). ANALYSIS Mr. Lee wants to build an accessory building near the existing house but closer to the road than the house. The existing house is in the south central part of the property. The septic system is to the southwest,behind the house. The aerial photo indicates a low-lying, wet area to the north of the house and another, larger wet area to the east. A large area of the western part of the property is in a drainage easement. A larger portion of the western part of the lot is covered by a right of way easement for the electric transmission lines. The transmission easement is 200 feet wide. There may be upland available to build the storage building behind the house. However, creating a driveway to get to it would require impacting the wet areas to the north and east of the house. The drainfield prevents a driveway running on the south of the house. These physical constraints limit the location where a structure could be built. 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. The low-lying, wet area to the north of the house limits the location of a driveway to serve the area behind the house where there might be upland to build a storage building on. The area behind the house is also limited by the transmission line easement, even if a driveway could be built to serve it. Conditions of Approval Staff recommends approving the variance application with the following condition: 1. A building permit must be obtained, which will require that the building meets the size and other requirements of the zoning ordinance and building code. PLANNING & ZONING BOARD ACTION The P &Z considered this application on July 11 and recommended approval with the above condition. OPTIONS 1. Approve Resolution 01-108 approving the variance based on physical constraints described in the report. 2. Deny the variance application. 3. Return to staff with direction. 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STATE AID HW NO 21 -------------------------------------- as�� ae �� property line pond ' subtic tank _ - -- resident "o .0 tD r-r 0 L pond pond ------------------ MCEIVED JUN 0 6 2001 CITY of LINO LAKES CITY �0F LN KE1635702 CERTIFICATION OF RESOLUTION NO. 01-108 �- 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. 0 1-108 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 TO ALLOW AN ACCESSORY BUILDING TO BE CLOSER TO THE FRONT LINE THAN THE PRINCIPAL BUILDING AT 8075—20TH AVENUE NORTH Witness my hand as said Deputy Clerk and the Corporate Seal of the City this 23th day of July, 2001. r,"Deputy Cle E 600 Town Center Parkway, Lino Lakes, Minnesota 5501 4-1 1 82 Phone: 651-982-2400 • Fax: 651-982-2499 • TDD: 651-982-2410 01-108 Council Member O'Donnell introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO.01-108 RESOLUTION APPROVING A VARIANCE TO ALLOW AN ACCESSORY BUILDING TO BE CLOSER TO THE FRONT LOT LINE THAN THE PRINCIPAL BUILDING AT 8075 20TH AVENUE NORTH WHEREAS, a request has been submitted to the City Council for a Variance from the City of Lino Lakes Zoning Code, and WHEREAS, the legal description of the property is: Lot 1,Block 1,Van Elsberg Estates,Anoka County, Minnesota and WHEREAS, Section 3 Subd. 4.D.l.c. of the Lino Lakes zoning ordinance states that "No detached accessory structure shall be closer to the front lot line than the principal building or its attached garage", and WHEREAS, the applicant desires to construct an accessory building closer to the front lot line than the existing house, 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 existing drainfield and need for a secondary drainfield area prevents the accessory building from being built to the southwest of the house. 2. The plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The location of the low, wet area prevents an accessory building from being built north of the house the low-lying, wet area to the limits the location of a driveway to serve the area behind the house where there might be upland to build a storage building on. 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. The landowner's intent to use the new building for storage use fits with the purpose of the Rural zoning district. � NOW, THEREFORE,BE IT RESOLVED,that the Lino Lakes City Council hereby approves the variance to construct an accessory structure closer to the front lot line than the principal building, in the general location indicated on the attached drawing received by the City on June 6, 2001. BE IT FURTHER RESOLVED that the following condition of approval applies: 1. A building permit must be obtained before construction of the accessory building begins. Adopted by the Lino Lakes City Council this 23rdday of July , 2001 ATTEST: hns Jo Ber `son,14ayor ean V ger, Deput lerl 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. Bergeson, Carlson, Dahl, Reinert and O'Donnell The following voted against same: None. Whereupon said resolution was declared passed and adopted. ABSTRACT - Receipt O �1- ❑ Certified Copy Date/Time: // / Date Mailed /f S�•34 - — / El Tax Liens/Releases Doc.Order 1635702 . 0 ABSTRACT ❑ Multi-Co Doc Tax Pd DOCUMENT NO. ✓by: Pins: Recordability/Delgs: ❑ Transfer ❑ New Desc. ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Filing Fee � ❑ Division ❑ GAC FOR RECORD ON `TAN 08 2002 AT 2 . 2 9 PM AN$T6 DULY RECORDED. Well Certificate ❑ Status ❑ Def.Spec . 50 Received this Date: FEES AND TAXES IN THE AMOUNT OF PAID. Anoka County Recorder ❑ Other No Change RECEIPT NO. 2002003006 Notes: MAUREENJ.DEVINE ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES JMH BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES