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Home My WebLink About2002-046 Council ResolutionResolution No. 02-46 Councilmember Carlson introduced Resolution No. 02-46 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember Dahl and upon vote being taken thereon, the following voted in favor thereof: Reinert, Dahl, Bergeson, Carlson and O'Donnell. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION OF RESOLUTION NO. 02-46 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. 02-46 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. 02-46 APPROVING A VARIANCE FROM THE MAXIMUM ALLOWED ACCESSORY SQUARE FOOTAGE FOR PROPERTY LOCATED AT 907 OAK LANE. Witness my hand as said City Clerk and the Corporate Seal of the City this 28th day of May, 2002. (SEAL) CITY OF LINO LAKES RESOLUTION NO. 02-46 RESOLUTION APPROVING A VARIANCE FROM THE MAXIMUM ALLOWED ACCESSORY SQUARE FOOTAGE FOR PROPERTY LOCATED AT 907 OAK LANE WHEREAS, the City has received an application for a Variance from the maximum allowed accessory square footage, and WHEREAS, Section 3, subd. 4.D.8.g of the Lino Lakes Zoning Ordinance requires accessory building square footage be limited to 1,120 square feet for a property of this size and zoning classification, and WHEREAS, a 1,200 sq.ft. detached garage already exists on the property, and WHEREAS, the granting of a Variance would allow the applicant to construct a 630 square foot attached garage onto his proposed house, and WHEREAS, the Lino Lakes City Council makes the following findings of fact: 1. The pre-existing detached garage on the property precludes any additional accessory square footage without a Variance. In particular, the existence of the garage precludes construction of an attached garage, which is a requirement for property of this size and zone (Section 5, subd. 2.C.3). 2. The garage was constructed by the previous owner and not the prospective buyer. 3. City Ordinance requires an attached garage on property of this size and zone, but such a garage is precluded by the existence of the 1,200 sq.ft. detached garage already on the site. 4. Granting the Variance will not allow any special privilege beyond allowing the applicant to comply with a conflicting requirement of the City Ordinance. 5. Granting the Variance will allow the applicant to comply with City Ordinance NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the proposed Variance, as described by the attached document entitled "Surveyors Certificate for Lot 28, Block 2, Lake View Woodland," by Hy -Land Surveying, P.A., dated March 7th 2002. BE IT FURTHER RESOLVED, that the following conditions of approval apply: 1. The lot size Variance and Minor Subdivision (Thorp/901 Oak Lane) is approved by the City Council before this Variance can be effective. 2. The Variance applies to only the accessory square footage described by the report (the existing 1200 sq.ft. detached garage and the proposed 630 sq.ft. attached garage), and no future expansion of accessory square footage. Adopted by the Lino Lakes City Council this 28t day of May, 2002. ATTEST: Ann Bla}rf City Clerk J. B geson, Mayor AGENDA ITEM 7C STAFF ORIGINATOR: Tanda Gretz C.C. MEETING DATE: May 28, 2002 TOPIC: Resolution 02- : approval of a Variance from the maximum allowed accessory square footage. William Neeck, for property located at 907 Oak Lane ACTION REQUIRED: 3/5 vote BACKGROUND The existence of this lot as a separate piece of property depends on City Council approval of the Variance and Minor Subdivision addressed in the previous agenda item (Thorp). Should this approval occur, then consideration of this request for a Variance is in order. The subject site is zoned Rural Executive (R -X) and measures 100' X 423' (42,300 sq. ft.). The property is surrounded to the north, east and west by similarly zoned property, and to the south by property zoned Rural. The property contains a 1200 -foot detached garage. Mr. William Neeck is the prospective buyer of the property and plans to construct a 1,125 square foot home with a 630 square foot attached garage. ANALYSIS Accessory square footage is limited to 1,120 square feet for a parcel of this size and zoning classification according to the Lino Lakes Zoning Ordinance (Section 3, subd. 4.D.8.g). Since the pre-existing garage alone measures 1200 square feet, under City Ordinance Mr. Neeck would not be allowed to construct his proposed attached garage. Further, City Ordinance requires an attached garage as a building requirement for the Rural Executive Zone (Section 5, subdivision 2.C.3). As a result, Mr. Neeck is asking for a Variance from the maximum allowable accessory square footage cited under City Ordinance, to construct a 630 -square foot attached garage. The square footage of the existing detached garage and the proposed attached garage would bring total accessory square footage on the property to 1,830 sq. ft. This is 710 sq. Lino Lakes City Council Neeck Variance May 28, 2002 ft. over what is allowed under City Ordinance. The applicant has been apprised, in light of so much resulting accessory building square footage, of City Ordinance as it relates to exterior storage issues (Section 3, subd. 4.R.1.a.) and home occupations (Section 3, subd. 8.D). FINDINGS FOR VARIANCE In considering all requests for a 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. The pre-existing detached garage on the property precludes any additional accessory square footage without a Variance. In particular, the existence of the garage precludes construction of an attached garage, which is a requirement for property of this size and zone (Sec. 5, subdiv. 2.C.3). 2. That the plight of the landowners is due to physical circumstances unique to his property and not created by the landowner. The garage was constructed by the previous owner and not Mr. Neeck, the prospective buyer. \— 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. City Ordinance requires an attached garage on property of this size and zone, but such a garage is precluded by the existence of the 1200 sq. ft. detached garage already on the site. 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 will not allow any special privilege beyond allowing the applicant to comply with a conflicting requirement of the City Ordinance. 5. That the proposed actions will be in keeping with the spirit and intent of the Ordinance. Granting the Variance will allow the applicant to comply with City Ordinance. As a result of the above Findings of Fact, staff recommends approval of the Variance, with the following conditions: Lino Lakes City Council Neeck Variance May 28, 2002 1. The lot size Variance and Minor Subdivision (Thorp/901 Oak Lane) must be approved before this Variance is effective. 2. The Variance applies only to the accessory building square footage described in this report (the existing 1200 sq.ft. detached garage and the proposed 630 sq.ft. attached garage), and not to any future expansion of accessory building square footage. PLANNING & ZONING BOARD The above report was presented at the May 8, 2002 meeting of the Planning & Zoning Board. After consideration of the issues, Board member voted unanimously to recommend approval of the Variance. OPTIONS 1. Approve the Variance with the above conditions. 2. Deny the Variance. 3. Return to staff with direction. RECOMMENDATION Option No. 1. ATTACHMENTS 1. General site location map. 2. Survey of site, with existing and proposed structures. 3 • EXHIBIT # 1 1111tudi wal ,® oom®oiumn 114r4P1 -Ir-Fil li X00' :; „ffir 0u Trs pion kmt I ov mmr.� sua. ,06 I1' li,F,��rRIHW � pyrr, YQ�YH.f�L. ' a WNW ei z,pl ods, E-, logareg 1p^1111112111W,%� )Ry LINO LAKES L .ITATION CENTER GEORGE. WATCH LAKE 64,4 g 10.0 907,2 Proposed Proposed Proposed HY-LAND SURVEYING, LAND SURVEYORS Top of Block Garage Floor Lowest Floor Type of Building - B?\ ViAA{[DUt JOHN MEYER BENCHMARK: Top of Electri.% Box, Southwest Corner of Lois Lens and Knoll Drive Elevation 904.16 feet Tow i b 8g 1or.u2 8700 Jefferson Highway Osseo, Minnesota 55369 PHONE (763)493-5761 FAX (763)493-5781 buns/Tors0 q,e•eq �e.sa 10'1-7 ax ✓ 40.0 / EXISTING • i /n GARAGE / / arrtifrutr PLA MEAS. t!ou.. d qeVov• .zt oleo's". 10.01 w a 15.0 PROPOSED A RESIDENCE I2 -e' i e-0.ISO TNN 109•',5 get..o4-1IS 10 V e`Q 100.34 MEAS. (100.0 PLAT) irew 907,10 13 P.A. INVOICE NO. F.B. NO. — SCALE I"= EXHIBIT # 2- O Denotes Iron Monument ❑ Denotes Wood Hub Set For Excavation Only x000.0 Denotes Existing Elevation O Denotes Proposed Elevation t-- Denotes Surface Drainage Property, Located In Part Of Sec. _L. Twp. •3•J, R. 22, NOTE: PROPERTY CORNERS SET BY DEVELOPERS SURVEYOR 6,8 64 EDGE OF 911M140US em.701too 81OAK LANE /07 - LOT 28, BLOCK 2, LAKE VIEW WOODLAND The only easements shown are from plats of record of Information provided by client I hereby certify that this survey was prepared by me or under my direct supervision, and that I am a duly Registered Land Surveyor under the lows of the State of Minnesota. Surveyed by us thls 7TH day of MARCH , 20 02 Signed E'8 Trial Milton E. Hyland, Minn. Re,/.No. 20262