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Home My WebLink About2001-161 Council Resolution 01-161 Reinert Council Member introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-161 RESOLUTION APPROVING A VARIANCE OF 3.2 FEET TO ALLOW A 6.8- FOOT SIDE YARD SETBACK FOR A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6483 CLEARWATER CREEK DRIVE 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 21, Block 5, Clearwater Creek 3`d Addition And WHEREAS, Section 5, subdivision l.B.3.d.2 of the Lino Lakes zoning ordinance states that"The required side yard setback for a principle building in an R-1 zone is ten feet," and WHEREAS, the applicant desires a Variance of 3.2 feet for a building already 90% complete with an existing 6.8-foot side yard setback, and WHEREAS, the City Council of the City of Lino Lakes makes the following findings of fact: l. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. A Certificate of Occupancy cannot be issued to a property currently in violation of City Code, without a Variance. Re-siting the existing home would be required to correct the violation and meet City Code. This seems impractical for a home that is 90% complete, thus a Variance is needed in order to allow reasonable use. 2. That the plight of the landowner is due to physical circumstances unique to his property and not created by the landowner. The plight of the landowner is due to a mistake in siting the home. 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. Reasonable use will require that a Certificate of Occupancy be issued, which will require a Variance. Hardship is exhibited due to the difficulty in re-siting a home that is 90%complete. 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. The proposed Variance would allow a side yard setback that is less than what is required under City Code. Denial of the Variance, however, would require re-siting a home that is 90%complete. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Approving the Variance would allow a side yard setback of less than what is required under City Code, but provide resolution for a non-conforming structure that is now 90%complete. NOW, THEREFORE, BE IT RESOLVED,that the Lino Lakes City Council hereby approves the Variance of 3.2 feet to allow a 6.8-foot side yard setback for a principle structure in an R-1 PDO zone. Motion seconded by Dahl. Motion carried unanimously. Adopted by the Lino Lakes City Council this 2 =day of oc,c ; 2001. Jefrn J. rgeso , Mayor ATTEST: - - Ann Blair City Clerk The motion for approval of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted for thereof: Reinert, Dahl, Bergeson, Carlson & O'Donnell. The following voted against same: None. Whereupon said resolution was declared approved. 32-� 1 q{,- i � t�,t�9 SEP 1 0 2001 4- CITY! OF A-Pi,.. ItniTCs�YG Gi2K- .V1 i�U G r5 �,2� iIj rJ K-1 N;%. i9- 6 W-!2. v A!D 6% i 7f-L-`_• 6 4-R• MA-1 K:�, 1,,r4V-fz L +4 JD �i -Frr' w n--w U —ti+� w i� � ? M ,c- (5t2 e!,- -ro►4, ii C arc, 6► too 2�J i A-Pcry=n. 3 4— 0lc)t rnt25 �x � 'l ,r (, rrfA tt-7KZ T f-t6at_, "-7i +c— p�ft,jj, - J D 't"t#c7J�o[E-=� is i� ( -� emu,' U !�C� -ji-C k�PI�C.�Z 1vi 4fcv rtt-f rou icy- ! o ;�-w�- AjZ-)T por\Vwc. (�L �2t; �T f u ��K= C�"V�L'1•✓Lur3,;'i�, �1`� /�"J�75i-t.1 D , `- /1WO L(1&&rt7NW l d 5C��1 '�eU� zvc)/ AJ PYtU w�i�� K yb^tLic9 C� -�- Ttl�J(al-t-T �- 2422 Enterprise Drive 4( Mendota Heights, MN 55120 PigER LAND SURVEYORS • CIVIL ENGINEERS (651) 681-1914 FAx:6ui-9488 engineering LAND PLANNERS • LANDSCAPE ARCHITECTS lr625 Highway 10 N.E. Blaine, MN 55434 * �1 (763) 783-1880 FAX:783-1883 Certificate of Survey for: CORNERSTONE HOME BUILDERS House Address: CLEARWATER CREEK DRIVE CLRARW — g.� T ER CR��I� 92 9�.� HYo. Z DRI V� �zq.oS78°43'34»E 69.1 R 2°os'S8 � 17.33 21 30 r--__ ssRV 01 929.8\ O� .► 101 0 Z DRII•EWAY r 15.17 09.17 0. o TOP OF- 31,BLOCK, ' 1 N N 1 43.97 1 1 r- �� 1 PROPOSED 1 I 928.E "? ��POUREDDOUSE 1 9 WALKOU T BSMT. 1 GARAGE d /z 3 A r?kNI l 1 w/LowEa, N �lA / ^ 3�IR N �g9L�o (/� 1D.DD 16.DD O 2Z.00 o qz3 5• !�'�• /v 2 9z4,3 2 Z zo 1 9z�4 , 9z3.5 _ a N� vacant c'y1 _ 9zo ,0 21 arEP � 0 2001 �- / •� U�N!0 LAKES N 6°0g�42 W 923.0 80, JJ 9z 3 I WE-TLAND E00:56i RACEr>-1F-J-F I YR-916.7 100YR-917 8 Mtn. Lowest Opening: 923.0 ELE�>4 nart5 5E'r PE(Z bwrJC-R Min. Lowest Floor Elevation: 921.0 PROPOSED BUILDING ELEVATIONS X 9oo.o Denotes Existing Elevation Lowest Floor Elevation: 4z3.S' oo. Denotes Proposed Elevation TA- of Rlncle F1Rvnf1nnt 93h� 2422 Enterprise Drive Mendota Heights, MN 55120 * PIONEER LAND SURVEYORS • CIVIL ENGINEERS (651) 681-1914 FAX:681-9488 engineering LAND PLANNERS • LANDSCAPE ARCHITECTS 625 Highway 10 N.E. Blaine, MN 55434 * (763) 783-1880 FAX:783-1883 Certificate of Survey for. CORNERSTONE HOME BUILDERS House Address: CLEARWATER CREEK DRIVE Foundation As—Built 8-28-01 CLEARWA Tg —� S78043' 34E 69.19 R04`0 , 1�3 .218 OQ Oi t +`Di i 7 r 20 '�� ;s .� STING H / I JS'? �N%jam / 47 OUSE / I l it I CV ` I . HOUSE GARAGE I WAUCOUT WAOµ.ER a c I GARAGE ;N r 3 'oZ 2z.o 22 Nof I O s Ox C 21 ,0 o Ll P 1 0 2001 / r � N76*09'42" W WETLAN 8�' D 100YR 9 78 Min. Lowest Opening: 923.0 Mir.. !.owes+ F!nor Elevation: 921.0 x goo.o Denotes Existing Elevation EM77NG BURDIXG ELKVA77ONS ✓ x<� Denotes Proposed Elevation Lowest Floor Elevation: 923:5- 923.0 ne.. i— n_,.r.... Top of Block Elevation: 934--Er 932.2 CITY' �OF IN KE Jeff&Brenda Lucey 6489 Clearwater Creek Drive Lino Lakes, MN 55038 RE: 6483 Clearwater Creek Drive Dear Mr. And Mrs. Lucey: I am writing to inform you that on October 22 the Lino Lakes City Council will be hearing a Variance request from the owner of the property neighboring you to the east. The owner/developer of the property is requesting a 3.2-foot Variance to the side yard setback. City Code requires a 10-foot side yard setback for a residence, but the home at 6483 was actually built with only a 6.8-foot side yard setback, due to a mistake in siting the home. I am enclosing a notification letter for you to sign and return, if you so wish. If you have further concerns and would like to address the Council on this matter,you are most welcome to do so. The meeting on the 22nd will begin at 6:30 in the Council Chambers here at City Hall. Please do feel free to call me about this matter should you have questions to ask or information to give. Sincerely, Tanda Gretz Associate City Planner 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1 182 Phone: 651-982-2400 • Fax: 651-982-2499 • TDD: 651-982-2410 CITY' �OF LI N KE This is to confirm that the undersigned, Jeff& Brenda Lucey, have been notified of the request made to the City of Lino Lakes by Robert Straus of Cornerstone Homes for a 3.2-foot Variance to the required side yard setback of 10 feet for a home constructed at 6483 Clearwater Creek Drive, to be heard at the City Council Chambers on October 22, 2001. Having been so notified, the Lucey's do not contest the granting of the Variance. Jeff Lucey Brenda Lucey 600Town Center Parkway, Lino Lakes, Minnesota 5501 4-1 1 82 Phone: 651-982-2400 • Fax: 651-982-2499 • TDD: 651-982-2410 AGENDA ITEM 7B STAFF ORIGINATOR: Tanda Gretz C.C. MEETING DATE: October 22, 2001 TOPIC: Resolution 01-161 approving a 3.2-foot Variance to allow a 6.8-foot side yard Setback for a Single Family Residential Building. Cornerstone Home Builders, For Property Located at: 6483 Clearwater Creek Drive ACTION REQURIED: 3/5 vote BACKGROUND This is a new construction in an R-1 Zone with a PDO. This report is based on Certificate of Surveys from Pioneer Engineering. The home is now approximately 90% complete, but has been built 3.2 feet into the side yard setback. Construction was begun in spring of this year, with the foundation work done in March. On March 27, 2001 City building inspectors signed off on footings work, based on the staked property. Both the inspectors and the contractor admit there were large piles of excess dirt at the site and frost conditions, which can make measuring difficult. As a further complication, the lot is only just large enough to accommodate the home, with no room for any error in siting or construction in terms of side yard setbacks. Plans call for the home to be sited exactly ten feet from the side property line on the residence side, and five feet from the side property line on the garage side. In August, while out on inspections, City building inspectors noticed that the side yard setbacks seemed close, and called the contractors attention to it. The contractor then had an"as-built" survey done, and it was found that the home was built into the side yard setback on the residence side by 3.2 feet. ANALYSIS An error was made in siting, and the home sits 6.8 feet from the property line rather than the required ten feet. The builder is requesting a 3.2-foot Variance from the City's required side yard setback of ten feet. The home in question abuts neighboring garages on both sides, rather than the residences. According to the City attorney Bill Hawkins, contractors and homeowners are ultimately responsible for making sure a home is sited according to specifications. Mr. Hawkins further offered the counsel that other Municipalities in similar situations have issued Variances when other remedies for correction were not suitable. The above report was presented at the October 10`h meeting of the Planning and Zoning Board. After consideration of the issues, the board voted to approve the Variance with the condition that the effected neighbor be notified. That notification has taken place, in the form of a letter sent out on October 121h to Jeff and Brenda Lucey of 6489 Clearwater Creek Drive. FINDINGS FOR VARIANCE In considering all requests for a Variance and in taking subsequent action, the City shall make a finding of fact: l. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. A Certificate of Occupancy cannot be issued to a property currently in violation of City Code, without a Variance. Re-siting the existing home would be required to correct the violation and meet City Code. This seems impractical for a home that is 90% complete, thus a Variance is needed in order to allow reasonable use. 2. That the plight of the landowners is due to physical circumstances unique to his property and not created by the landowner. The plight of the landowner is due to a mistake in siting the home. 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. Reasonable use will require that a Certificate of Occupancy be issued, which will _ require a Variance. Hardship is exhibited due to difficulty in re-siting a home that is 90% complete. 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. The proposed Variance would allow a side yard setback that is less than what is required under City Code. Denial of the Variance, however, would require re-siting a home that is 90% complete. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Approving the Variance would allow a side yard setback of less than what is required under City Code, but provide resolution for a non-conforming structure that is now 90% complete. OPTIONS 1. Approval of Resolution 01-161. 2. Denial of Resolution 01-161. 3. Return to Staff with directions. RECOMMENDATION Option 1. CIT 0F Ll N CERTIFICATION OF RESOLUTION NO.01-161 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned,being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 0 1-161 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 NO. 01-161 APPROVING A VARIANCE OF 3.2 FEET TO ALLOW A 6.8-FOOT SIDE YARD SETBACK FOR A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6483 CLEARWATER CREEK DRIVE. Witness my hand as said City Clerk and the Corporate Seal of the City this 29th day of October, 2001. Ann J. Bl 'r, City Clerk (SEAL) 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651-982-2400 • Fax: 651-982-2499 9 TDD: 651-982-2•+10 CITY O F .r, I N KE CERTIFICATION OF RESOLUTION NO.01-161 1615486 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I,the undersigned,being the duly qualified City Clerk of the City of Lino Lakes, Minnesota,do hereby certify that the attached document is a true copy of Resolution No. 01-161 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 NO.01-161 APPROVING A VARIANCE OF 3.2 FEET TO ALLOW A 6.8-FOOT SIDE YARD SETBACK FOR A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6483 CLEARWATER CREEK DRIVE. Witness my hand as said City Clerk and the Corporate Seal of the City this 29th day of October, 2001. Ann J.Bl ' , City Clerk C, t� x �1 C r� �fcC l ,r✓ 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 � � r� Phone: 651-982-2400 • Fax: 651-982-2499 9 TDD: 651-982-2- i u a 01-161 Reinert Council Member introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO.01-161 RESOLUTION APPROVING A VARIANCE OF 3.2 FEET TO ALLOW A 6.8- FOOT SIDE YARD SETBACK FOR A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6483 CLEARWATER CREEK DRIVE 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 21,Block 5,-Clearwater Creek Yd Addition And WHEREAS, Section 5, subdivision l.B.3.d.2 of the Lino Lakes zoning ordinance states that"The required side yard setback for a principle building in an R-1 zone is ten feet, and WHEREAS,the applicant desires a Variance of 3.2 feet for a building already 90% complete with an existing 6.8-foot side yard setback, and WHEREAS,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. A Certificate of Occupancy cannot be issued to a property currently in violation of City Code, without a Variance. Re-siting the existing home would be required to correct the violation and meet City Code. This seems impractical for a home that is 90%complete, thus a Variance is needed in order to allow reasonable use. 2. That the plight of the landowner is due to physical circumstances unique to his property and not created by the landowner. The plight of the landowner is due to a mistake in siting the home. 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. Reasonable use will require that a Certificate of Occupancy be issued, which will require a Variance. Hardship is exhibited due to the difficulty in re-siting a home that is 90%complete. 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. The proposed Variance would allow a side yard setback that is less than what is required under City Code. Denial of the Variance, however, would require re-siting a home that is 90%complete. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Approving the Variance would allow a side yard setback of less than what is required under City Code, but provide resolution for a non-conforming structure that is now 90%complete. NOW, THEREFORE, BE IT RESOLVED,that the Lino Lakes City Council hereby approves the Variance of 3.2 feet to allow a 6.8-foot side yard setback for a principle structure in an R-1 PDO zone. Motion seconded by Dahl. Motion carried unanimously. Adopted by the Lino Lakes City Council this mi dday of o, ;2001. 04— ()z�' Jaffn J. 3,Zrgesoff,Mayor ATTEST: Ann Blai City Clerk The motion for approval of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon,the following voted for thereof: Reinert, Dahl, Bergeson, Carlson & O'Donnell. The following voted against same: None. Whereupon said resolution was declared approved. ABSTRACT Receipt# I d I(/W 7 ❑ Certified Copy Date/Time: Il �Q 3D ,,o, Date Mailed Doc.Order of ❑ Tax Liens/Releases � ❑ Multi-Co Doc Tax Pd ✓by: Pins: Recordability/Delgs: ❑ Transfer ❑ New Desc. DOCUMENT NO. 1615486 . 0 ABSTRACT Filing Fees: ❑ Division ❑ GAC ANOKA COUNTY MINNESOTA Well Certificate ❑ Status ❑ Def.Spec I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Received this Date: FOR RECORD ON OCT 30 2001 Anoka County Recorder ❑ Other No Change AT 4 :4 0 PM AND WAS DULY RECORDED. Notes: FEES AND TAXES IN THE AMOUNT OF $2 0 . 0 0 PAID. RECEIPT NO. �n��]�,7�� q t�77 E =lVMd(7DP&%P;AV J.`vEVINE ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES BAP BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES