HomeMy WebLinkAbout2001-119 Council Resolution01-119
Council Member Reinert introduced the following resolution and moved its adoption.
CITY OF LINO LAKES
RESOLUTION NO. 01-119
RESOLUTION DENYING A VARIANCE AND MINOR SUBDIVISION FOR
LOT 1, BLOCK 3, LEXINGTON PARK LAKEVIEW (7080 SUNSET ROAD)
WHEREAS, applications have been submitted to the City Council for a minor
subdivision and for a variance from the City of Lino Lakes Zoning Code, and
WHEREAS, the applications are represented on a survey document titled "Minor
Subdivision" by E.G. Rud & Sons, Inc., dated June 11, 2001 and received by the City the
same date, and
WHEREAS, the legal description of the property is:
Lot 1, Block 3, Lexington Park Lakeview, Anoka County, Minnesota
and
WHEREAS, Section 6 Subdivision 1.B.3 of the Lino Lakes zoning ordinance requires a
minimum lot depth of 135 feet in the R-1 zoning district and the proposed minor
subdivision would create a lot with a depth of 125.81 feet, and
WHEREAS, a variance would be required for this reduced lot depth, and
WHEREAS, Section 1001.19 of the City Code states that minor subdivision shall
conform to all standards and requirements applicable to all subdivisions, and
WHEREAS, Section 1001.08, Subdivision Design Standards, Subdivision 6(2) states that
lot dimensions shall comply with the requirements specified in the zoning ordinance, and
WHEREAS, Section 2 Subdivision 4.A of the zoning ordinance states that in considering
requests for variances the City must make a finding of fact which is specified in the
ordinance.
NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council makes the
following findings of fact:
1. The property in question is already being put to a reasonable use under conditions
allowed by the official controls, since there is a single family home on it and the
existing use as a residence is not being threatened by the status quo.
2. There are no physical circumstances unique to this property.
3. There is no hardship. The request for the variance is based solely on economic
considerations: the desire to make economic profit on the sale and development of a
new lot.
4. Granting the requested variance would be conferring a special privilege because the
variance is not justified.
5. Granting the requested variance therefore would not be in keeping with the spirit and
intent of the ordinance.
6. The proposed minor subdivision would create a lot that does not comply with the
requirements specified in the zoning ordinance.
BE IT FURTHER RESOLVED, that the Lino Lakes City Council hereby denies the
variance application based on these findings.
BE IT FURTHER RESOLVED that the Lino Lakes City Council hereby denies the
application for a minor subdivision based on these findings.
Adopted by the Lino Lakes City Council this 2 7 h '-day ofAugus 1 2001
John Berg on, Mayor
EST:
Jean V' r, Deputy Clerk
The motion for adoption of the foregoing resolution was duly seconded by
Council Member Carlson 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.
AGENDA ITEM 7 C
STAFF ORIGINATOR: Jeff Smyser
C. C. MEETING DATE: August 27, 2001
TOPIC: Resolution 01-119, Denying:
- Minor Subdivision
- Variance From Minimum Lot Depth
Joel Voelker Builder, Inc.
regarding 7080 Sunset Road
ACTION: 3/5 Vote for Resolution 01-119
BACKGROUND
Mr. Voelker has submitted an application for a minor subdivision to split off the eastern
portion of the property at 7080 Sunset Road. The property is owned by the current
resident, Jon Crenshaw. Mr. Voelker's intent is to create a new single family lot. A
variance would be required because the proposed new lot does not comply with the
minimum lot depth of 135 feet.
ANALYSIS
Lino Lakes has sewer and water two blocks to the east in Sunrise Drive. Lots along
Sunrise Drive can connect. Utilities are not available to the rest of the neighborhood to
the west of those lots. However, Blaine utilities are available to the lots on Sunset Road,
and several are connected to the Blaine utilities. The subject property at 7080 Sunset is
one of them. Utility service for the proposed new lot would need to connect to the Blaine
system.
The property is zoned R-1. Utility service would be necessary for the subdivision
because Lino Lakes requires public sewer and water service in order to create a lot in the
R-1 zone.
R-1 lot requirements are:
minimum proposed
lot size (area) 10,800 sf 13,213 sf
lot width 80 ft 105.02 ft
lot depth 135 ft 125.81 ft
The new lot would not meet the minimum lot depth requirement. A variance would be
necessary.
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 existing use of the lot as a single family residence is not threatened by the status quo.
There are no unique physical circumstances. The sole purpose of the variance is to allow
an additional lot to be created to provide economic gain. Granting an unjustified variance
would be conferring a special privilege and would not be in keeping with the spirit and
intent of the ordinance.
Whether it is advisable to allow for the creation of additional lots in this neighborhood by
splitting the existing lots is a policy question that may merit consideration by the City.
However, the application under consideration would create a lot that does not meet
current requirements and there is no justification for the requested variance. Without the
variance, the minor subdivision cannot occur.
Resolution 01-119 denies both the variance and the minor subdivision and included
findings to justify the denials.
PLANNING & ZONING BOARD ACTION
The P & Z considered the application on August 8. A motion to approve the variance and
minor subdivision failed 3-4. A subsequent motion to deny both actions failed for lack of
a second.
OPTIONS
1. Approve Resolution 01-119 which: denies the variance based on lack of justification
as described above in this report, and; denies the minor subdivision because the lot
doesn't meet the minimum lot depth.
2. Approve a revised resolution which would approve the variance and minor
subdivision.
3. Return to staff with direction.
RECOMMENDATION
Options 2 and 3
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