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HomeMy WebLinkAbout2001-046 Council Resolution Boschee Variance page 4 01-46 Council MemberW introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 0'j-46 RESOLUTION APPROVING A VARIANCE FROM THE COLLECTOR ROAD SETBACK FOR LOT 8 BLOCK 1 PEREGRINE PASS 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 8 Block 1, Peregrine Pass WHEREAS, Section 6, Subd. 2.13.4.2 of the City Zoning Ordinance requires a forty (40) foot setback from a collector road, and WHEREAS, 121h Ave. is classified as a collector road, and WHEREAS, the applicant desires to construct a building 28.5 feet from the right of way of 12th Ave, and WHEREAS, the City Council of the City of Lino Lakes makes following findings of fact: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The lot shape and the double street setbacks combined with the wetland and extra buffer easements create unusual circumstances. 2. The plight of the landowners is due to physical circumstances unique to his property not created by the land owner. The lot shape and the double street setbacks combined with the wetland and extra buffer easements create unusual circumstances. 3. The hardship is not due to economic considerations alone. It is not reticence to spend extra money to avoid the need for a variance, but rather the desire to build a home of a high enough value to fit in with the neighborhood: it is the desire for a higher expenditure rather than a lower one. The surrounding neighborhoods are R-1 X, and the Peregrine Pass planned development requires R1-X houses sizes. Higher value homes are the reason for the R-1 X district compared to the R-1, and the house proposed is in keeping with that goal. 4. 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 other lots in the development do not have the same Boschee Variance page 5 combination of constraints. Lot 1, which has several road setbacks, is wider and can �-- accommodate a house within the setbacks. Lot 4 is narrow, but does not have the collector road setback or the extensive wetland easements. 5. The proposed actions will be in keeping with the spirit and intent of the ordinance. Higher value homes are the reason for the R-1 X district compared to the R-1, and the house proposed is in keeping with that goal. NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves the variance to construct the structure 28.5 feet from the 121h Ave. right of way, as indicated on the attached certificate of survey by Metro Land Surveying& Engineering, dated February 13, 2001. Adopted by the Lino Lakes City Council this 26 day of March, 2001. Q A0John J erg on, yor AT:. y- el Gaustad, CMC, Clerk/Treasurer The motion for adoW e foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: )/M L Whereupon said resolution was declared passed and adopted. MAIM �o4c�e5\dm em�sa dpaa o MmI'� Qp°•off oo�m� ��'�� Q o �. �oRoose a�l� ■ �Dcoo Q� �© �'®e.ci,omdn OFO�EOty�G:1E.. � ■I 1 am Am OR I new m od n �► ^ a oP44��r� p 0 °���'° I � i - - - - - - - 129.27 40.00 353.01 — — I r `I 1 I � o I In \ N ^I I o n o N I oI j33 40 y o (I 3�`NSSa I oo i I I_� �;, N I r---- DRAINAGE AND UTILITY EASEMENT wsTtavD 3 n' 353.00 S 89 45'53" W / 167.44 185.56. I j ° BLOCK 1 I w k r, SpYg APPROMATE EDGE OF WETLAND i J2 F I L1J O w \ _ J�i.•�� V) r, ^ _ I o N .� / cy co Nlb rye40 co / h ti o I C� OC4 C4 !!// j :W Ln 04 S 4� << q e .pS I � 60'00'00"E O 37.49 Ra1l29 °S \ o I I 40 �� a93°0 ��2 ,°�� %�9 ���^k� 25' Nd ���� I o> L =256 8 1 6 0 3 L=25.57 3 RpO•� \ I a N N O `�' •, D R=15.00 D0 10 NWN tij o "6 �,r p=97°41'03" °° s 0 d 90*00'00 i z =� �433�5 / �0- t'ss °0 w oA 2 73.09 �\3 O 3 0 I W w R�7�2j4 S89b5'1E vo N 20 ZNr <. d8'4o DO 12.00 B (J LIU N �Ob' W O En O a p �s' Oti ° OM I I �, �, j /\a?,s,9 M X / ILO �� �N 33 40 O 8 N�� \ D)rl� rl:N --I I W i LA P.O\ \OiC Lo —J d N� S 89°29'10" W 144.44 S 89°29'10" W 154.27 / S89°24'23"w ! mQuy DR =8.35�--- i - - - S89024 23"W 408.01 __=_____—__s. uNE of sw 1/4 SW CORNER OF I ' Y SW1/4 OF SEC. 27, T.31, R. 22 SEC 27, TWP 31,1 RNG 22 (ANOKA COUNTY MONUM�') CE-I'R TIF I CU TE. OJT'' SUS VIES For. Rick Boschee Homes, Inc. o� N89e45'53"E g 167.44 � I o N122a7 'E 5'S3 I — I —15— —7 �E(EI —_40--� L+ 0 3 A` X910.7'. X870.5�\<X910.3 rr`\�� oCO i /Y� 4� a,%' / 10.4 10-4 C X9,9.a / �� 5 0� OQ c91a.e au9arq rea �'11Y O X910.4 / O�'�'Y W z 911.1 11.9 911.0 1t_a Crj' — —T— — 50.00 -; — 970.9 97 POS.NOOSE C 12 COURSE BASEMENT n 911.7 _ WALKOUT �8 6 12 15.6 —, ,m., 1 X978.8 n — GARAGE I 12.00 6?. 878\ . ..' 8 1 ORCN CANT. _73 91&7 //' 915.8 10. 8732 9 6.6 ^ rl �8.6 u - a0---1 w ® Denotes 10 ft. offset hub Denotes direction of xelz, 3 x .6 proposed surface drainage. N �v / 9143 9350 Denotes proposed elevation x 935.0 Denotes existing elevation 0 Denotes iron monument found N 9116 0 Denotes iron monument set 1 PROPOSED BUILDINGS ELEVATIONS Lowest Floor =911.5 O —q� / Garage Floor =918.8 , 1 'S Top of Block =919.2 ato.a� 8,Culvert t97 7 9 23 91. 4/X911.6 53 PEREGRINE PASS P ,186. PJA� d9s a Y BItU pUe E Q,8o�600 LOT OY, MIOcSOTA 1 ANOKA CUNT N/tl' Subject to easements of record, if any. vvv CI�C S/01 Add setbaCk&Consery Bunt LAND SURVEYING & ENGINEERING I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly 412 EAST COUNTY ROAD D licensed I d surveyor under the laws of the state of Minnesota. LTTTLE CANADA. hMOMSOTA 55117 L ML(a 7WOM FAX 766-M MAW survey®metrols.com Dot is 14� do of �' 2001 Job No.596.002 Scale:r-W By. Drawn by JMB Surveyor, Minnesota License No. 7765 I X 910.7 X 910.5 r0�`�F 40' � J � X 910.3 o co / 910.4 e-� v X910.4 S79a 5, PD 0 ' 910.8 Buldirt Pad Q�.�[ m � X 910.4 � (1 aDECK // 0� z 911.1 11.9 911.0 W 11.4 ----T- - 50.00 - - - 910.9 91 / PROPOSED HOUSE 12 COURSE BASEMENT rI) •` / M 911.7 _ -_ WALKOUT n 96 12.00 15.6 j N X916.9 to i 0 o GARAGE I 19.67 cv 12.00 6 9 8` W `~ 0 17. CANT. 1>1> 0 o OPORCH -13 10. 67 q 19.67 --- 918.7--- / I / r 915.8 10. 9132 314.2 916.6 I I-P X9�2.1 X .6 / 935.0 a r / 914.3 r x 935.0 r ►� I [� N �� 1� 911.6 LO to N p r a O 1 PROPOSE. Lowest 4 1 / Garage 10 �, ���, Top of 970. ' q,� 91 •1 912.3 Culvert.j 91 .7 '4 X911.6 \ PEF 91 .5911.7 91 , ~� -� Edge 8i °f '' r to °us �18 3 LO a_ 8o � o(2�n V- '?6 .t 1 '' n N i n V AGENDA ITEM 7 A STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: March 26, 2001 TOPIC: Resolution 01-46: Variance From Collector Street Setback Rick Boschee, 1205 Peregrine Circle Lot 8 Block 1 Peregrine Pass BACKGROUND Mr. Rick Boschee of Boschee Homes, Inc., has applied for a variance from a setback requirement for a lot in Peregrine Pass. Mr. Boschee is a builder who prepared a plan for a house on Lot 8. The plan does not fit within the setbacks, which is the reason for the variance application. This report is based on the certificate of survey by Metro Land Surveying & Engineering dated February 13, 2001. ANALYSIS Peregrine Pass is an unusual development in that the developer worked very closely with staff to incorporate many environmentally friendly design elements. These resulted in some unique aspects to the development. In many ways, the project is an experiment utilizing several conservation subdivision elements. The site is zoned PDO Planned Development Overlay, and the unique design elements are part of the approved plat. Standards in the zoning ordinance apply if not specifically altered by the approved plat. For example, the conditions of approval for the plat state that the minimum house footprint size is that of the R-IX zone. However, no mention is made of altering building setbacks, so the setbacks in the ordinance apply. Setbacks are identical in both the R-1 and R-1 X zones. Setbacks • Street local 30 collector or arterial 40 • Front Yard 30 • Rear principal 30 accessory 5 • Side principal 10 �- accessory 5 Boschee Variance page 2 Normally, the right of way is the same as the property line. In this case, there is a park trail strip along the side of Lot 8, on 121" Ave. The trail strip is owned by the City, so the property line is the edge of the trail corridor. The side yard setback is measured from that. This poses no conflict with the proposed house plan. The standard 40 ft. building setback from a collector street also applies because 121n Avenue is a collector street. The setback from the road, which applies to all buildings, is measured from the edge of the right of way. The trail strip is 15 ft., and the proposed garage is shown 13.5 ft. from that, for a total setback from the road of 28.5 ft. This encroaches into the required setback by 11.5 ft. (40-28.5 = 11.5). Lot 8 does include some unusual elements. The lot is rather narrow at its front line. As noted, the trail corridor exists along 121" Ave., which reduces the lot width from what it would be without the trail. There is a drainage and utility easement covering a large portion in the northeast corner of the lot. In addition, there is an extra 30 feet covered by a wetland conservation buffer easement which further reduces the buildable area of the lot. Moving the house toward the back of the lot would leave very little backyard. Mr. Boschee's letter states that the problem arises due to a larger setback on a corner lot. It would be more accurate to state that the street setback is greater than the side yard setback, which results in a de facto larger setback on a corner lot, though it is not listed as `�- a"corner-lot setback." During the review of the plat in 1999, City staff and the developer discussed the building pads for the lots. The building pad location on Lot 8 of the approved preliminary plat and associated grading plan meets the 40 ft. road setback. Nothing has changed between the time of plat approval and the house design. No additional requirements have been added, nor are there any hidden requirements. All easements are recorded with the property and show up on a survey. The house pad location is a standard element of plat approvals. The setback requirements have not changed in the past two years. 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. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 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. Boschee Variance page 3 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. Though the builder should have known the requirements of the site and designed the house to fit within them, Lot 8 is a relatively difficult lot. • Its shape and the double street setbacks combined with the wetland and extra buffer easements create unusual circumstances. • It is not reticence to spend extra money to avoid the variance, but rather the desire to build a home of a high enough value to fit in with the neighborhood. While this is an "economic consideration" of a sort, it is the desire for a higher expenditure rather than a lower one. • The other lots in the development do not have the same combination of constraints. Lot 1, which has several road setbacks, is wider and can accommodate a house within the setbacks. Lot 4 is narrow, but does not have the collector road setback or the extensive wetland easements. • Higher value homes are the reason for the R-I X district compared to the R-1, and the house proposed is in keeping with that goal. For these reasons, staff recommends approval of the variance request. Staff notes that the recommendation on this variance request is based on the unique attributes of Lot 8 and in no way implies support for variances on the other lots in the development. PLANNING & ZONING BOARD ACTION The P & Z considered the application on March 14 and recommended approval. OPTIONS 1. Adopt Resolution 01-46 approving the setback variance to allow the garage to be constructed 28.5 feet from the road right of way as indicated on the survey. 2. Deny the variance request. 3. Return to staff with direction. RECOMMENDATION `— Option 1 VEDE CITY OF LINO LAKES CI FEB 12 2001 RICK BOSCHEE HOMES, INC. i 2540 NORTH SNELLING CURVE CITY OF U�O �KES r ROSEVILLE, MN. 55113-3145 TO WHOM IT MAY CONCERN; MY NAME IS RICK BOSCHEE, I AM PRESIDENT AND OWNER OF RICK BOSCHEE HOMES, INC., THE EXCLUSIVE BUILDER ON THE 8 LOTS ON PEREGRINE CIRCLE, IN PEREGRINE PASS. I HAVE A MODEL HOME UP AND FOR SALE AT 1220 PEREGRINE CIRCLE. MY INTENTION IS TO BUILD LIKE STYLE HOMES ON THE REMAINING LOTS. I'M LOOKING FOR A FRONT PORCH SPACE, (BECAUSE OF LIMITED BACK YARD AREA IN THE DEVELOPMENT), AND COMPARABLY PRICED HOMES, $350.000.00 AND UP. I SOLD LOT 8 TO A CLIENT, WE HAD A PLAN DEVELOPED TO SUIT THE NEIGHBORHOOD, HE GOT CONSTRUCTION FINANCING AND WE HAD THE LOT STAKED AND APPLIED FOR A BUILDING PERMIT. IT WAS AT THAT TIME THAT WE FOUND OUT THAT THE LOT WAS GOING TO BE CONSIDERED BY THE CITY AS A CORNER LOT WITH A BIGGER THAN ANTICIPATED SET BACK REQUIREMENT. EVEN THOUGH IT IS BORDERED FROM THE STREET BY A WALKING PATH _ DESIGNATED AS AN OUTLOT. THE PHYSICAL CONFIGURATION OF THE LOT WILL NOT ALLOW MOVING THE HOUSE TO ANY OTHER PART OF THE LOT. A LARGE PORTION OF THE REAR OF THE LOT HAS ALREADY BEEN GIVEN TO THE CITY OF LINO LAKES (PARCEL A) AS AN OPEN SPACE EASEMENT, UP TO THE WETLANDS. I AM ASKING THE CITY TO ALLOW A VARIANCE TO CONSTRUCT THE HOUSE I HA VE APPLIED FOR AS PLANNED AND SHOWN ON THE ATTACHED SURVEY, IF NOT, I WILL NOT BE ABLE TO BUILD A HOUSE COMPARABLE TO THE OTHERS IN THE NEIGHBORHOOD. (I.E. HOME VALUE AND 3 CAR GARAGE). I DO NOT BELIEVE THAT GRANTING ME THIS VARIANCE WILL CHANGE ANYTHING THAT WASN'T ORIGINALLY INTENDED FOR THIS PIECE OF PROPERTY. WITHOUT THE VARIANCE I AM CONFRONTED WITH AN UNUSUAL AND DIFFICULT PIECE OF PROPERTY TO CONSTRUCT A CONSISTENTLY VALUED NEIGHBORHOOD HOME ON. PLEASE CONSIDER THAT THERE ALREADY IS A BUFFER IN THE FORM OF THE WALKING PATH OUTLOT NEXT TO 12"'AVE. AND THAT THE REAR YARD HAS BEEN DESIGNATED A PERMANENT OPEN SPACE BY THE CITY. PLACING THE HOME I HAVE INTENDED FOR THE PROPERTY WOULD STILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE EXISTING ORDINANCE. THANK YOU RICK BOSCHEE `` G�i 1558738 n 01-46 Council Member'f y ( introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-46 RESOLUTION APPROVING A VARIANCE FROM THE COLLECTOR ROAD SETBACK FOR LOT 8 BLOCK 1 PEREGRINE PASS 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 8 Block 1, Peregrine Pass WHEREAS, Section 6, Subd. 2.13.4.2 of the City Zoning Ordinance requires a forty(40) foot setback from a collector road, and WHEREAS, 121h Ave. is classified as a collector road, and WHEREAS, the applicant desires to construct a building 28.5 feet from the right of way of 121h Ave, and WHEREAS, the City Council of the City of Lino Lakes makes following findings of fact: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The lot shape and the double street setbacks combined with the wetland and extra buffer easements create unusual circumstances. 2. The plight of the landowners is due to physical circumstances unique to his property not created by the land owner. The lot shape and the double street setbacks combined with the wetland and extra buffer easements create unusual circumstances. 3. The hardship is not due to economic considerations alone. It is not reticence to spend extra money to avoid the need for a variance, but rather the desire to build a home of a high enough value to fit in with the neighborhood: it is the desire for a higher expenditure rather than a lower one. The surrounding neighborhoods are R-1X, and the Peregrine Pass planned development requires RI-X houses sizes. Higher value homes are the reason for the R-1 X district compared to the R-1, and the house proposed is in keeping with that .-� goal. 4. 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 other lots in the development do not have the same combination of constraints. Lot 1, which has several road setbacks, is wider and can accommodate a house within the setbacks. Lot 4 is narrow, but does not have the collector road setback or the extensive wetland easements. 5. The proposed actions will be in keeping with the spirit and intent of the ordinance. Higher value homes are the reason for the R-1X district compared to the R-1, and the house proposed is in keeping with that goal. NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves the variance to construct the structure 28.5 feet from the 121h Ave. right of way, as indicated on the attached certificate of survey by Metro Land Surveying& Engineering, dated February 13, 2001. Adopted by the Lino Lakes City Council this 26 day of arch, 2001. John J. Bergeson, Mayor ATTES : r Ry-12hdf Gaustad, CMC, Clerk/Treasurer The motion for ad tipn of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon,the following voted in favor thereof: The following voted against same: A 1� ' U Whereupon said resolution was declared passed and adopted. OFIS /Y CU E,v R�TI F I CC For: Rick Boschee Homes, Inc. N89045'53"E So 167.44 � I o N89'4553"E 12_27 l� E 1 I \ COP.\ Fyl � \ F. \ \ P,' \\ X910.7 M X910.5\�\�2F X91 o.3 .�33' 40' .. A / yO co \// C _ �/ 5 7+ 0 O01 910.8 auadNa Pod X910.4 O �O�p� W z / ns 911.0 11_a 93 stos PROPOSED 50.00 q/ e HOUSE _9'/ 12 COURSE BASEMENT / 911.7 n WALKOUT " 96 N,2.00 15.6 I X915.9 I J GARAGE I 19.67 r 12.00 6.�' 918 . 17.ROPCN CANT.. -73 10.67 .67 918.7___t I/ 915.8 10. 913 2 i 916.E --- - 40---' ® Denotes 10 ft. offset hub n Denotes direction of E..I x9i2.1 3 x .6 /// proposed surface drainage. 935.o Denotes proposed elevation r11 i / 914.3 x 935.0 Denotes existing elevation • Denotes iron monument found 971'6 0`O /� o Denotes iron monument set ON / PROPOSED BUILDINGS ELEVATIONS , Lowest Floor =911.5 Garage Floor =918.8 12 �' w Top of Block =919.2 - 11. try 910,4 9"�Culvert p l.7 91 '1 912.3 l 4 X911.6 /.2cs 9j 5 9 PEREGRINE PASS pER 4,8?80.00 LOT 8, BLOCK I 41" ANOKA COUNTY, MINNESOTA Subject to easements of record, if any. 2/13/01 Add setback&c smt METRO LAND SURVEYING & ENGINffitING I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly 412 EAST COUNTY ROAD D licensed I d surveyor under the laws of the state of Minnesota. 1X=CANADA, NI NNF.SOTA 55ll7 TEL(650 765-M FAX 766-M EMAII;survey®metrols.com Dot is do of �' ,2001 Job No.596.002 Scale:T-3V By. v -- Drawn by:JMB Surveyor, Minnesota License No. 7765 ABSTRACT Receipt# a 91 o�a9• ❑ Certified Copy 3 o Date Mailed DOCUMENT N0. 1558738 . 0 ABSTRACT -,ONDate/Time: / ❑ Tax Liens/Releases Doc.Order �of_ ANOKA COUNTY MINNESOTA I__ ❑ Multi-Co Doc Tax Pd I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE ./by: Pins: FOR RECORD ON MAR 30 2001 Recordability/Delgs: ( ❑ Transfer ❑ New Desc. AT 3 :4 0 PM AND WAS DULY RECORDED. Filing Fees: / •� ❑ Division ❑ GAC FEES AND TAXES IN THE AMOUNT OF $2 9 . 5 0 PAID. Well Certificate ❑ Status ❑ Def.Spec RECEIPT NO. 2 0 010 2 7 910 Received this Date: a. MAUREENJ.DEWNE Anoka County Recorder ❑ Other ,2Dto Change ANOKACOUNTYPROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES KLO Notes: BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES