HomeMy WebLinkAbout2002-153 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 02-153
RESOLUTION DENYING A VARIANCE
FOR THE CONSTRUCTION OF A METAL ACCESSORY BUILDING
FOR PROPERTY LOCATED AT 442 MAIN STREET
WHEREAS, the City has received an application for a Variance from the prohibition of
accessory buildings constructed with metal siding or roofs in excess of 150 sq.ft., for a
property two acres in size and zoned Rural, and
WHEREAS, the City's zoning ordinance prohibits the construction of such accessory
buildings on a property of this size and zone, and
WHEREAS, the applicant has already constructed such a prohibited building and without
\.... applying for a building permit, and
WHEREAS, the City makes the following Findings of Fact in relation to this Variance
application:
1.) That the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls.
The property can be put to reasonable use while still abiding by the Ordinance
regulations applying to accessory structures.
2.) That the plight of the landowners is due to physical circumstances unique to his
property and not created by the landowner.
There are no unique physical circumstances which are unique to the property and
come into play in this case.
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.
Again, the Ordinance regulations applying to accessory structures, which are the
focus of this Variance request, do not in any way preclude a reasonable use of the
property in question.
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 be conferring upon the applicant a privilege beyond
what is required under the Zoning Ordinance and which is not extended to other
residents.
5.) That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
Granting the proposed Variance would not be in keeping with the spirit and intent of
the Ordinance, which states that metal accessory buildings in excess of 150 sq.ft are
prohibited for a property of this size and zone.
NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council denies the
proposed Variance, as described in the attached staff report, dated November 12, 2002.
Adopted by the Lino Lakes City Council this 12th day of November, 2002.
ATTEST:
Ann Blairty Clerk
'
J. B 'geso, Mayor