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HomeMy WebLinkAbout2002-116 Council ResolutionResolution No. 02-116 Councilmember Dahl introduced Resolution No. 02-116 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember Reinert 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. 02-116 APPROVING A VARIANCE FOR PROPERTY LOCATED AT 8065 WOOD DUCK TRAIL (SULLIVAN PROPERTY). 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. 02-116 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. 02-116 APPROVING A VARIANCE FOR PROPERTY LOCATED AT 8065 WOOD DUCK TRAIL (SULLIVAN PROPERTY) Witness my hand as said City Clerk and the Corporate Seal of the City this 2nd day of October, 2002. Ann J. lair (SEAL) CITY OF LINO LAKES RESOLUTION NO. 02-116 RESOLUTION APPROVING A VARIANCE FOR FOR PROPERTY LOCATED AT 8065 WOOD DUCK TRAIL (SULLIVAN PROPERTY) WHEREAS, the City has received an application for a Variance to allow the construction of an detached 24' X 36' garage closer to the front lot line than the principle building, and WHEREAS, the City's zoning ordinance, Section 3, subdiv. 4.D.1.c, 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 Lino Lakes City Council 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. Comment: the property as a whole may be put to reasonable use, but official controls preclude the construction of a garage (which is a requirement under the Zoning Ordinance) in the only workable location that is near the house. 2.) That the plight of the landowner is due to physical circumstances unique to his property, not created by the landowner. Comment: The physical location of the septic tank, drain field, well and pond preclude siting a garage in a location which would satisfy the requirements of the Zoning Ordinance. Such a configuration of elements presents a situation unique to this property, although this situation was — at least in part — created by the (previous) 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. Comment: The demonstrated hardship is the lack of a garage site that would satisfy the requirements of the Zoning Ordinance. Such a hardship is not economically motivated but, rather, site driven. While such a hardship still allows for the reasonable use of the property, such a hardship does not allow the property to comply with the requirement of the Zoning Ordinance, which states that all dwellings in a Rural zone should have a double garage.. 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. Comment: There is no special privilege involved but, rather, a need/hardship that is site -driven. Other properties with similar site constraints would also be valid candidates for a Variance such as this one. 5.) That the proposed actions will be in keeping with the spirit and intent of the ordinance. Comment: The Lino Lakes Zoning Ordinance states that a double garage is a building requirement for property located in the Rural zone. Granting this Variance would allow the applicants to comply with this requirement. NOW, THEREFORE BE IT RESOLVED THAT Lino Lakes City Council approves the proposed Variance, as described by the attached document submitted by Michael & Laura Sullivan, dated as received on August 12, 2002. BE IT FURTHER RESOLVED, that the following conditions of approval apply: 1.) The proposed garage be placed no closer than 62 feet from Wood Duck Trail, as shown on site plans submitted by the applicant. 2.) One of the two existing utility sheds is to be removed, so that the site will contain no more than two detached accessory buildings, as allowed under City Ordinance. r> Adopted by the Lino Lakes City Council this -day of�2002. ATTEST: 01(41, Ann Blai9 ity Clerk ergeson, Mayor AI ACR S EXHIBIT # 1 0 S :::5`:' 7 8 9 /O // 0149E ST 13 •uI/o/ 8 ■11 NIDE ELEMENTARY SCHOOL -I-- CO OUTLOT A r, 2 L 3A{31. A 36 5 E 6 7 8 9 35 34 10 2 33 LANE i21i 4 VIEY 32 31 30 29 7 8AR8^.RA LANE 8 7 1E VIEW PLACE NORTH G I'A,RES KES 8 ',LAC 0 STATE -TRUNK -HIGHWAY J 4 [ '-TRIAL.i. -LINO IN` i L4 AY Oe OIL A ei O LAKES CO o MERCIA / 0.x..9 0 M z CAINE & ASSOCIATES LAND SURVEYORS A SUBSIDIARY OF RLK-KUUSISTO,' LTD. 1321 Andover Blvd. N.E.Suite 114 — Ham Lake, Minnesota 55304 763-434-7646 FEMA REPORT FOR: Michael and Laura Sullivan LEGAL DESCRIPTION: The north 300.00 Feet of the south 1025.00 feet of the west 420.00 feet of the east 840.00 feet as measured along the east and south lines thereof, of the East Half of the Southwest Quarter, Section 5, Township 31, Range 22, Anoka County, Minnesota. S 89°14'03"E 420.00 16.2 I,TO Shed FI=906.2 I . N LAG=907,9 Base FI=906.5 98± FFE=910.3 I1111$11I11 ,:oda 0 ZONE C 420.00 N 89°14'03"W 9 ZONE .A — S. Line of the E1/2 of the SW1/4 of Sec. 5, T. 31, R. 22 420.00 SCALE: 1 INCH = 50 FEET. —FEMA —DENOTES EXISTING ZONE A BOUNDARY PER FEMA FIRM MAP PANEL. BEARINGS SHOWN ARE ASSUMED. 840.00 N 89°14'03"W 420.00 I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. DATEZ 0 REG. N0. 13072 Jab No. 2002-081—L Sec. 5, T. 31, R. 22 AGENDA ITEM 7C STAFF ORIGINATOR: Tanda Gretz C.C. MEETING DATE: September 23, 2002 TOPIC: Resolution No. 02-116 Variance to allow a detached accessory structure closer to the front lot line than the principle building, for property located at 8065 Wood Duck Trail Michael & Laura Sullivan ACTION REQUIRED: 3/5 vote BACKGROUND Michael and Laura Sullivan reside at 8065 Wood Duck Trail, a 2.89 acre lot that is zoned Rural. The Sullivans have applied for a Variance in order that they may locate a detached garage closer to the front lot line than the principle building. Section 3, subdiv. 4.D.1.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." This review is based on the following attached exhibits: 1. General Location Map 2. Plan of the Sullivan Property, dated January 25, 2002 3. Narrative from the Sullivans ANALYSIS Lot Requirements The Sullivans home is sited 98 feet back from Wood Duck Trail. Wood Duck Trail is classed as a minor collector street, which has a setback requirement of 40 feet. City Council Meeting Sullivan Variance September 23, 2002 The property currently does not have a garage on site, although there are two small utility sheds. The Lino Lakes Zoning Ordinance, Section 5, subdiv. 1.C.3, states "all dwellings shall have a double garage." Further, Section 3, subdiv. 4.D.1.c states "no detached accessory structure shall be closer to the front lot line than the principle building or its attached garage." Lastly, Section 3, subdiv. 4.D.8.d allows for 3,600 sq.ft. of accessory buildings, and up to two detached accessory buildings for a property of this size and zone. Land Use & Zoning Location Guided Land Use Zoning Site Low Density, Unsewered Residential Rural West Low Density, Unsewered Residential Rural North Low Density, Unsewered Residential Rural East Low Density, Unsewered Residential Rural South Low Density, Unsewered Residential Rural Site Constraints To satisfy ordinance requirements, a detached garage would have to be parallel with, or behind, the front line of the house. This is problematic on this site for three reasons. First, the septic drain field is located approximately 24 feet to the south of the house, with the septic tank located southeast of the house approximately the same distance. Second, the well is located to the north of the house approximately 25 feet. Thirdly, there is a pond located to the northwest of the house, directly in back of the current shed location. Each of these features act to preclude locating a garage in what would be a typical location next to, or behind, the house. As a result, the applicant is asking to be allowed to site a garage in a location to the side of, but in front of, the house. Such a site would put the garage closer to the street than the house, and thus violate Section 3, subdiv. 4.D.1.c of the City Zoning Ordinance. Such a location, however, would meet the required 40 -foot setback requirement from Wood Duck Lane. In addition, such a location would allow for the construction of a double garage, which the site currently does not have, but is a building requirement for properties located in the Rural zone. Lastly, a 24' X 36' detached garage would be City Council Meeting Sullivan Variance September 23, 2002 within the allowable size and number of accessory building allowed on a lot of this size and zone, if one of the small sheds is taken down. Lastly, as a point of information, it should be noted that at least one neighboring property contains a garage which is sited closer to the street (8025 Wood Duck Trail). VARIANCE - FINDINGS OF FACT The Lino Lakes Zoning Ordinance states that "in considering all requests for variance or appeal, 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. Comment: the property as a whole may be put to reasonable use, but official controls preclude the construction of a garage (which is a requirement under the Zoning Ordinance) in the only workable location that is near the house. 2.) That the plight of the landowner is due to physical circumstances unique to his property, not created by the landowner. Comment: The physical location of the septic tank, drain field, well and pond preclude siting a garage in a location which would satisfy the requirements of the Zoning Ordinance. Such a configuration of elements presents a situation unique to this property, although this situation was — at least in part — created by the (previous) 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. Comment: The demonstrated hardship is the lack of a garage site that would satisfy the requirements of the Zoning Ordinance. Such a hardship is not economically motivated but, rather, site driven. While such a hardship still allows for the reasonable use of the property, such a hardship does not allow the property to comply with the requirement of the Zoning Ordinance, which states that all dwellings in a Rural zone should have a double garage.. 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. Comment: There is no special privilege involved but, rather, a need/hardship that is site -driven. Other properties with similar site constraints would also be valid candidates for a Variance such as this one. City Council Meeting Sullivan Variance September 23, 2002 5.) That the proposed actions will be in keeping with the spirit and intent of the ordinance. Comment: The Lino Lakes Zoning Ordinance states that a double garage is a building requirement for property located in the Rural zone. Granting this Variance would allow the applicants to comply with this requirement. P & Z RECOMMENDATION The above report was presented at the September 11, 2002 meeting of the Planning & Zoning Board. After consideration of the issues, Board members voted unanimously to recommend approval of the Variance, with the conditions noted below. CONCLUSION This application for a Variance is driven by three site constraints: location of a septic system, well, and a pond. Each of these constraints prevent siting the proposed garage in a location next to, or behind, the house, in compliance with the Lino Lakes Zoning Ordinance. As a result, staff feels there is a demonstrated need/hardship that is site - driven and quantifiable, and so justifiable. Staff would recommend approval of the proposed Variance with the following conditions: 1.) The proposed garage be placed no closer than 62 feet from Wood Duck Trail, as shown on site plans submitted by the applicant. 2.) One of the two existing utility sheds is to be removed, so that the site will contain no more than two detached accessory buildings, as allowed under City Ordinance. OPTIONS 1.) Approval of the Variance, with conditions: Resolution No. 02-116. 2.) Denial of the Variance. 3.) Return to staff with direction. RECOMMENDATION Option #1 crxa Jcll 'an/ r_CYAiexth, ccs .cwaii August 12, 2002 To whom it may concern, EXHIBIT # 3 We are writing in request of a variance concerning the placement of a two -car garage that we wish to build on our property at 8065 Wood Duck Trail in Lino -Lakes. Due to the position of our home on our lot, it is necessary to build the garage closer to the road than the home. There are several conditions that prevent us from building our home anywhere else. First, sixty feet behind our home is a large pond. The land between the home and the pond slopes down into the pond. As a result that area floods often times in the spring. Second, in the ground on the north side of our home is our well. We had considered this option only to find that if there was ever a problem with our well, we would have to go through the top of the roof of the garage to work on it. Finally, one the south side of our home is our septic field. In order to maintain an efficient septic system we must not place any excessive weight onto the septic field and holding tank. This only leaves us with one option, which is to place the garage in front of our home closer to the street. We have noticed that a few of the homes in the neighborhood have remedied similar problems with this same solution. Please consider our request for variance. We thank you for you time. Sincerely, Resolution No. 02-116 Councilmember Dahl introduced Resolution No. 02-116 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember Reinert 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. 02-116 APPROVING A VARIANCE FOR PROPERTY LOCATED AT 8065 WOOD DUCK TRAIL (SULLIVAN PROPERTY). 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. 02-116 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. 02-116 APPROVING A VARIANCE FOR PROPERTY LOCATED AT 8065 WOOD DUCK TRAIL (SULLIVAN PROPERTY) Witness my hand as said City Clerk and the Corporate Seal of the City this 2nd day of October, 2002. Ann J. Blair (SEAL)