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HomeMy WebLinkAbout2001-153B Council Resolution01-153B Council Member Carlsohntroduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. O1 -153B RESOLUTION APPROVING A VARIANCE TO ALLOW AN ACCESSORY BUILDING IN EXCESS OF THE MAXIMUM ALLOWABLE SQUARE FOOTAGE AND DENYING A VARIANCE FOR THE NUMBER OF ACCESSORY STRUCTURES ALLOWED FOR PROPERTY LOCATED AT 6180 WARE ROAD WHEREAS, an application has been submitted to the City Council for a Variance from the City of Lino Lakes Zoning Code, and WHEREAS, the application is represented on a document titled "Variance" by Steve Poser, dated August 10, 2001, and received by the City the same date, and WHEREAS, the legal description of the property is: Lot 1, Block 1, Scheunemann Corner And WHEREAS, Section 3, Subd. 4.D8.g.1 of the Lino Lakes zoning ordinance sets a maximum of 1,120 square feet of accessory building space for property 32,671 square feet to less than one and one-quarter acres in a Rural zone, and WHEREAS, Section 3, Subd. 4.D.8.g.2 of the Lino Lakes zoning ordinance sets a maximum of a) one attached garage and one detached structure, OR b) two detached accessory structures for property 32,671 square feet to less than one and one-quarter acres in a Rural zone, and WHEREAS, a Variance would be required for this increased number and square footage of accessory building space, 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 City Council of the City of Lino Lakes makes the following findings 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 landowner is due to physical circumstances unique to his property and not created by the landowner. 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. NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves the variance for the construction of an accessory structure 1080 square feet in excess of the maximum allowable square footage, with the following conditions: 1. A building permit is issued before construction begins. 2. The existing 160 -square foot non -conforming accessory building is removed prior to issuance of building permit. BE IT FURTHER RESOLVED, that the Lino Lakes City Council hereby denies the Variance for the increase in number of accessory structures allowed. Adopted by the Lino Lakes City Council this ,2 day of Sir 1-, 2001. ATTEST: Ann B1ay, City Clerk eson, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Reinert, Dahl, Bergeson, Carlson & O'Donnell. The following voted against same: None . Whereupon said resolution was declared approved. AMENDED AGENDA ITEM 7B STAFF ORIGINATOR: Tanda Gretz C. C. MEETING DATE: September 24, 2001 TOPIC: Request For Variances To Allow: 1.) Accessory Building In Excess Of Maximum Allowable Square Footage 2.) Accessory Building In Excess of the Maximum Number Allow Steve Poser, 6180 Ware Road ACTION REQUIRED: 3/5 vote BACKGROUND The subject property is a 1.2 acre parcel zoned Rural. Mr. Poser has applied for a variance from the prohibition of accessory buildings in excess of 1,120 square feet on a lot of less than one and one-quarter acres, in order to construct a 1080 square foot detached garage on the northern part of his property. A second variance from the prohibition of building a second detached accessory building in excess of the allowed one attached garage and one detached accessory building would also be required, as there is a 160 square foot shed already existing on the property. This shed is sited closer to Ware Road than the house, and so is currently in violation of City ordinance Section 3, Subd. 4.D.1.c, which prohibits detached accessory structures from being placed closer to the front lot line than the principal building. This report is based on information from standard plat files and also plans and narrative submitted by Mr. Poser. The City's zoning ordinance states: • The combination of accessory buildings and garages for a property 32,671 square feet to less than one and one-quarter acres in a Rural zone shall not exceed 1,120 square feet (Section 3, Subd. 4.D.8.g.1). • The combination of accessory buildings and garages for a property of one and '/4 acres to two and Y2 acres in a Rural zone shall not exceed 2,020 square feet (Section 3, Subd. 4.D.8.e.1). • The total allowable accessory building space for a property 32,671 square feet to less than one and 1/4 acres in a Rural zone shall be limited to a) one attached garage and one detached structure, OR b) two detached accessory structures (Section 3, Subd. 4.D.8.g.2). • The total allowable accessory building space for a property one and 1/4 acres to two and '/2 acres shall be limited to a) one attached garage AND B) two detached accessory structures (Section 3, Subd. 4.D.8.e.2) • 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.1.c). ANALYSIS Mr. Poser wants to build a 1080 square foot detached garage on the northern part of his property, with access via 62' Street, for storage of recreational vehicles and trailers. The current garage (660 square feet) is attached to the house, which exists on the western part of the property with access via Ware Road. There is a 10' X 16' (160 square feet) shed located to the north of the house on the northwest portion of the property. It should be noted that this shed is currently in non-compliance with City Code Section 3, Subd. 4.D.1.c, as it is placed closer to the front lot line than the house. The septic system is located to the south of the house. The lot is wooded, with no apparent wetlands. The property is located at the southeast corner of the intersection of Ware Road and 62"d Street and zoned Rural. Miller's South Glen subdivision is located to the north of the property and zoned Residential Single Family Executive. Fox Trace subdivision is located to the northwest and zoned Residential Single Family. Property to the west, south and east are similar in size zone to that of the subject property. Mr. Poser has support for his variance from his three immediate neighbors to the north, east and south. The property is 348 X 150 feet, or 52,200 square feet. This puts the acreage at about 1.2 acres, or just under the 1.25 -acre lot size required for the construction of an accessory buildings of the size and number desired by Mr. Poser. In other words, City Code allows an accessory building of 2,020 square feet on a lot of 1-1/4 to 2-1/2 acres, but only allows an accessory building of 1,120 square feet on a lot of less than 1-1/4 acres. In addition, City Code allows EITHER one attached garage and one detached structure, OR two detached structures on a lot of less than 1.25 acres, but allows one attached garage AND two detached accessory buildings on a lot in excess of 1.25 acres. Mr. Poser already has a detached structure in the 10' X 16' shed located in his front yard (non- conforming). Thus, adding a second accessory building would also require a variance for a lot with his square footage. Existing accessory square footage is 820 square feet: a 660 square foot attached garage and a 160 square foot detached shed. Addition of the proposed detached garage would result in 1,900 square feet of total accessory building footage, 780 square feet over what is allowed under City ordinance. If the current non -conforming shed were eliminated from the total accessory square footage, the proposed garage would still be 620 square feet over what is allowed under City ordinance. Construction of the proposed garage in the area desired by Mr. Poser would require a separate, second driveway with access via 62"d street. City Code does not preclude construction of such a second driveway. There are, however, easement issues. There is an eighty-five foot United Power Association easement along the southern side of 62nd Street. The proposed garage does not impact this easement, but the driveway would cross the easement. Similarly, construction of the proposed garage does not appear to impact the current road right-of-way, however the driveway would be affected by any future improvements to 62"d Street. Overall, Mr. Poser states that he wants to locate the garage on the northern part of the property with access via 62"d street for two reasons: 1) the septic system is located on the southern part of the property and precludes siting there, and 2) there is less traffic on 62nd Street. The above report was presented at the September 11th meeting of the Planning and Zoning Board. After consideration of the issues, the board voted to recommend approval of the Variance, with the following two conditions: 1. Removal of the existing non -conforming accessory building. 2. Moving the proposed driveway 20' to the east. This would follow the City's Transportation Plan, which states that driveways should be sited 90' from road intersections. (NOTE: the above cited 90' guideline applies to arterial streets. Ware Road and 62"d Street are Minor Collectors. According to City Engineer John Powell, the applicant's drawings show the proposed driveway would be at least 65' from the intersection of two Minor Collector streets, and thus he would not object to the driveway in the proposed location). The Planning and Zoning Board approval of the Variance was based on the following two findings: 1. The subject property (1.2 acres) is only 2,178 square feet under the lot size required (1.25 acres) for the construction of the proposed accessory building. 2. The applicant has shown that he has the support of his immediate neighbors. 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. Additional accessory building space is possible under City ordinance, although at a smaller size. Two hundred eighty (280) additional square feet is allowed as an addition onto the current non -conforming shed or attached garage; four hundred forty (440) additional square feet is allowed if the existing shed were to be eliminated. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. There are no unique physical circumstances to the property that require accessory building square footage in the number and location proposed. 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. Hardship has not been demonstrated. In addition, City ordinance does not preclude reasonable use of the property: additional accessory building space is allowed, although not in the size and configuration proposed by the applicant. 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. Granting the Variance would confer special privilege, as the additional accessory building and square footage is prohibited by City ordinance and not available to other property owners with lots less than 1.25 acres. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The number of detached accessory buildings and square footage of allowable accessory building space requested is prohibited by City ordinance. FINDINGS FOR VARIANCE OPTIONS: 1. Approve Resolution 01-153A Denying the Variance. 2. Approve Resolution 01-153B Approving the Variance for An Accessory Building In Excess of Maximum Allowable Square Footage and Denying the Variance For Buildings In Excess Of The Maximum Number Allowed. 3. Return to staff with direction. STAFF RECOMMENDATION Option 1. Steve & Gail Poser 6180 Ware Rd Proposed new garage. 30 x 36 Note: Siding & Shingles to match new remodeling of our house. Purpose. Storage of Boats, Snowmobile's and their trailers. Note: Trailers will not fit into existing garage Variance #1 City Ordinance 1.25 acres = 2020 sq ft. Garage, Outbuilding, & Sheds Property Size 150 x 348.06 approx. 1.2 acres = 1100 sq ft. Garage, Outbuilding, & Sheds Existing 2 + Garage 22 x 30 = 660 Sq Feet Shed 10 x 16 = 160 Sq Feet Total Exist = 820 Sq Feet t o80 New garage 36 x 30 = Sq Feet Proposed New Total = Sq Feet 1'100 Variance #2 City Ordinance Garage, shed, or outbuilding must be further away from the road than the closest part of your house. The Proposed garage would be further from Ware Road but closer to 62nd Street. • We wanted to exit / enter from 62Nd street because there is less traffic. • Our septic system is on the south side of our property. Planning & Zoning Board September 11, 2001 Page 2 VI. ACTION ITEMS A. Steve Poser, 6180 Ware Road, Variance Staff presented the application by explaining applicant had applied for a variance from the prohibition of accessory buildings in excess of 1,120 square feet on a lot of less than one and one-quarter acres in order to construct a 1060 square foot detached garage on the northern part of his property. A second variance from the prohibition of building a second detached accessory building in excess of the allowed one attached garage and one detached accessory building would also be required, as there was a 160 square foot shed already existed on the property. This shed was sited closer to Ware Road than the house, and so it was currently in violation of City Ordinance Section 3, Subd. 4.D.1.c, which prohibits detached accessory structures from being placed closer to the front lot line than the principal building. Staff presented its analysis of its request by explaining Mr. Poser wanted to build a 1080 square foot detached garage on the northern part of his property, with access via 62nd Street, for storage of recreational vehicles and trailers. The current garage was attached to the house, which existed on the western part of the property with access via Ware Road. There was a 10' X 16' shed located to the north of the house on the northwest portion of thsTprpperty. Staff noted that this shed was currently in non-compliance with City Code Sectio Subd. 4.D.1.c, as it was placed closer to the front lot line than the house, and the City wo ex pct that the shed be moved to a location which met City Code. Staff stated the septic sy`sem wasated to the south of the house. Staff indicated the lot was wooded, with no pare wetland, Staff explained the property was located at the southeast • . er of the intersection of Ware Road and 62" Street and zoned Rural. Staff statedersSout Q len subdivision was located to the north of the property and zoned Residential Sin arn'Executive. Staff indicated Fox Trace subdivision was located to the northwest zoned Residential Single Family. Staff stated the property to the west, south and eas -- ere similar i size zone to that of the subject property. Staff indicated Mr. Poser had supportmance from his three immediate neighbors to the north, east and south. Staff explained the property as 348 X 150 feet, or 52,200 square feet. This put the acreage at 1.2 acres, or just under the 1. cr rot size required for the construction of an accessory buildings of the size and numbesired by Mr. Poser. Staff explained City Code allowed either one attached garage and one detached structure, or two detached structures on a lot of less than 1.25 acres, but allowed one attached garage and two detached accessory buildings on a lot in excess of 1.25 acres. Staff stated Mr. Poser already had a detached structure in the 10' X 16' shed located in his front yard (non -conforming). Thus, adding a second accessory building would also require a variance for a lot with his square footage. Staff stated the existing accessory square footage was 820 square feet: a 660 square foot attached garage and a 160 square foot detached shed. Addition of the proposed detached garage would result in 1,880 square feet of total accessory building footage, 780 square feet over what was allowed under City ordinance. Staff indicated if the current non -conforming shed were eliminated from the total accessory square footage, the proposed garage would still be 620 square feet over what was allowed under City ordinance. Planning & Zoning Board September 11, 2001 Page 3 Staff indicated construction of the proposed garage in the area desired by Mr. Poser would require a separate, second driveway with access via 62nd street. Staff stated City Code did not preclude construction of such a second driveway. There were, however, easement issues. Staff stated there was an eighty-five foot United Power Association easement along the southern side of 62nd Street. The proposed garage did not impact this easement, but the driveway would cross the easement. Similarly, construction of the proposed garage does not appear to impact the current road right-of-way, however the driveway would be affected by any future improvements to 62nd Street. Staff explained Mr. Poser stated that he wanted to locate the garage on the northern part of the property with access via 62nd street for two reasons: 1) the septic system was located on the southern part of the property and precludes sitting there, and 2) there was less traffic on 62nd Street. Staff reviewed the five findings for variance, as stated in the zoning ordinance that the City shall make in considering all requests for variance in taking subsequent action. Staff recommended denying the variance for the reasons outlinedin the staff's report. Chair Schaps invited applicant to make comment. Steve Poser, 6180 Ware Road, stated he was .05 acres hort,from being allowed to do what he wanted to do, which was the equivalent of 5 feet. Secoc a was not sure why there was a violation on the present shed he had on his proprty. He -st4tsd he had obtained a permit and was not informed at that time he would be in violation; Chair Schaps asked if he had given any thought tq eliminating one of the structures. Mr. Poser replied he could do that, but at there hdid not know when he applied that he was in violation. Chair Schaps indicated the Ordinances were there for a purpose, even if he was only .05 acres short. Mr. Corson agreed and stated they did need to draw the line somewhere, and he could not support this variance. ' ; Mr. Zych stated Mr. Poser was only .05 acres short from being able to put as many buildings as he wanted to on the property. He stated the neighbors had indicated it was okay with them, so he did not see why they did not grant the request. Mr. Corson replied that the line needed to be drawn somewhere and the rules were there for a purpose. He expressed concern about setting precedence if this was granted. Mr. Corson stated Mr. Poser did not have a unique hardship and therefore, did not qualify for this variance. Mr. Smyser stated the issue was that he already had an accessory building. Mr. Poser stated he wanted to put the garage up to store additional trailers in. He stated the shed could not be seen from any of his neighbors' yards. Planning & Zoning Board September 11, 2001 Page 4 Chair Schaps indicated the Ordinance allowed Mr. Poser to have a structure, but not the number he wanted or the size he wanted. Ms. Lane asked if the shed were removed, what size structure would Mr. Poser be allowed to have. Ms. Gretz replied he could build a 1,100 -foot building. Mr. Hyden asked about the driveway access off of 62nd. He asked if this would be a problem. Mr. Powell replied the driveway construction would go over an easement and they would need to receive permission to go over the easement, but this was not unusual and this was done all of the time. Mr. Corson asked if there was any problem with having two driveways. Mr. Powell replied the Ordinances did not prohibit it, but he strongly advised against it. Ms. Lane stated she was in agreement with Mr. Zych for allowing this, but only if the smaller shed would be removed. Ms. Lane made a MOTION to allow the variance on the condition that the small accessory building of 160 feet be removed, and the driveway be moved 29,feet further east, and was supported by Mr. Zych. After further discussion, Ms. Lane withdrew her motion.and Mr. Zych withdrew his second. accessory building in excess of Zych. Motion carried 5-0. Ms. Lane made a MOTION to deny the variance to al maximum allowable square footage, and was supported Ms. Lane made a MOTION to approve the new garage contingent with the driveway being placed in compliance 20 feet east and th, resent Qccessory building be removed for the reason that Mr. Poser was extremely close in me mg the,Ordinance, and he had the permission of the adjoining landowners, and was suppo WZych. Mr. Corson stated staff mi g t wantrrchapge this Ordinance. Chair Schaps clarified that what they were allowing was one accessory building and the shed would need to be removed. Motion carried (4-1 Corson). B. Rick Piper, 6153 Oakwood Drive, Variance Staff presented the application by explaining applicant had applied for a variance from the required 5 -foot side yard setback for accessory buildings in order to construct a 465 square foot addition on to his existing 624 square foot attached garage. The proposed addition would be used primarily to house a third car, a secondarily for storage. In addition, applicant argued that several homes in the neighborhood had three -stall garages, and that such an addition would add value and marketability to the subject property. Staff presented its analysis of the request by explaining applicant wanted to build a 31' X 15' addition onto his existing attached garage. The current garage was located in the northeast UX ONE .'iWi►.N'iYV'wwY.NIrN '11 worgracom BALDW I N LAKE 3 • w•aowp 110E322151EIG ■0000 i•:i111-1 '�� offs Iz 5 a va m - —ASH ST CORPQRATE p4S OF CITY OF LINO LACES —' War—STATE—A10—HIGHWAY—NO. 32 --- Y E r R DRAWN REVISED REV. REV. REV. REV. REV. SEP. 1974 NOV. 1978 MAR.1980 SEP.1981 DEC .1982 JULY 1985 DEC. 1985 REVISED JAN. 1987 REV. MAY 1988 REV. AUG. 1989 REV. FEB. 1991 REV. FEB. 1992 REV. FEB. 1993 REV. MAY 1994 SCALE I" = 1500' REVISED REV. REV. REV. REV. REV. REV. 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Garage, Outbuilding, & Sheds Existing 2 + Garage 22 x 30 = 660 Sq Feet Shed 10 x 16 = 160 Sq Feet Total Exist = 820 Sq Feet New garage 36 x 30 = 1060 Sq Feet Proposed New Total = 1880 Sq Feet The Proposed garage would be further from Ware Road but closer to 62nd Street. • We wanted to exit / enter from 62Nd street because there is less traffic &. Our septic system is on the south side of our property. City of Lino Lakes To whom it may Concern Aug 8 2001 We have no objection to Steve & Gail Poser (6180 Ware Rd) building a • garage on the North end of their property, exiting on to 62 nd Street. Bob & Liz Stokes 6150 Ware Rd .( Bill & Sandy Trudeau 410 62 nd Street 64 (fit01-7 Nick & Esther Mangelsen 6202 Ware Rd //i7e /1/ W/./4 of 5 W Seel/az, t5 618 02' 5.8"E -482.16' /j50.00 85.f,///"We at STREE7 / 0. 00 Rower A s .s ocia /ion Doc. No. 38424/ 1-0e0,A 30 34 -3cs )Jsc.,-) PrIA-Cpe. 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