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Home My WebLink About2015-119 Council Resolution i CITY OF LINO LAKES �-- RESOLUTION NO. 15-119 RESOLUTION APPROVING A 12 FOOT VARIANCE TO ALLOW FOR THE CONSTRUCTION OF AN ATTACHED GARAGE AT 6602 PHEASANT RUN WHEREAS,a request has been submitted to the City for the approval of a variance at 6602 Pheasant Run, said property legally described to-wit: Lot 32, Block 5, Lakes Addition No. 2; and WHEREAS,review and approvals of variances are governed by state statutes and City ordinances, and WHEREAS,the Lino Lakes City Council makes the following Findings of Fact: 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the ordinance is to establish performance standards intended to assure compatibility of uses, prevent blight and to enhance the health, safety and general welfare of the residents of the community. Approving this variance request for an attached accessory structure doesn't pose a threat to the health, safety or general welfare of the neighborhood. In fact, since no attached accessory structure is present on the applicant's property (6602 Pheasant Run) approving this variance request will enhance the atmosphere in the neighborhood as Lino Lakes requires all dwellings to have, at minimum, a double garage. 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the comprehensive plan. The applicant's property is intended for a Single Family dwelling as such, current zoning ordinances require dwellings to have, at minimum, a double garage. 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties,"as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The property owner proposes to use the property in a reasonable manner, as the construction of a double garage is considered a reasonable use of the property. The practical difficulty in complying with the 40' setback from Birch Street's right-of-way creates a situation where the applicant cannot construct a double garage unless the variance is approved. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is due to circumstances unique to the property and was not created by the landowner. The current landowner recently purchased the property and did not construct the house without a garage. 5. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality by maintaining the 30 foot— 40 foot setbacks found along other Birch Street corner properties. Accessory structures such as garages are common features found throughout Lino Lakes residential districts. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. Accessory structures are permitted as Accessory Uses in the R-1, Single Family Residential District. 7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves of a 12 foot variance to reduce the required setback from 40 feet to 28 feet along Birch Street to allow for the construction of an attached double garage at 6602 Pheasant Run, subject to the following conditions: 1. The detached shed in the northeast corner of the lot, found in violation of city ordinances, shall be relocated onto the applicant's property. 2. The accessory structure shall meet the requirements of§1007.043 General Building and Use Provisions. 3. The accessory structure shall meet all other city code and state building code requirements. 4. A building permit shall be submitted for by the applicant and approved by the City of Lino Lakes prior to construction. Adopted by the Council of the City of Lino Lakes this 26ffi day of October, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Roeser, Stoesz, Reinert The following voted against same: �-- None (Absent—Kusterman) t� Jeff Rein rt, Mayor ATTEST: } `Ju 1 e Bartell, ity berk CITY COUNCIL AGENDA ITEM 6F STAFF ORIGINATOR: Keith M. Dahl, Community Development Intern MEETING DATE: October 26, 2015 TOPIC: Consider Resolution No. 15-119,Approving a 10 foot variance to allow for the construction of an attached garage at 6602 Pheasant Run VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council's consideration for approval of a 10 foot variance to reduce the required setback from 40 feet to 30 feet along Birch Street to allow for the construction of an attached double garage at 6602 Pheasant Run. BACKGROUND `.- In September 2015,the City received a land use application requesting a 15 foot variance to reduce the required setback along Birch Street/CSAH 34 from 40 feet to 25 feet to construct a 24' x 36'attached garage. When the house was built in the 1980's no garage was constructed or planned for. The current property owner recently purchased the property with plans to construct an attached double garage; however, due to a municipal code requiring a setback of 40 feet from a collector or arterial road right-of-way the applicant is unable to construct the double garage. The Planning& Zoning Board held a public hearing on October 14, 2015. Both staff and a unanimous Board recommended approval of a 10 foot variance that would reduce the setback from 40 feet to 30 feet to construct a 20' x 36' attached double garage. Staff appreciates the applicant's desire to have a 24 foot wide garage; however,20 feet wide is the required minimum standard. The Planning and Zoning Board staff report dated October 14, 2015, case number VR2015 — 001 details the project. RECOMMENDATION Both staff and the Planning&Zoning Board recommend approval of Resolution No. 15-119 approving a 10 foot variance to allow for the construction of an attached garage at 6602 Pheasant Run subject to conditions listed in the resolution. 1 ATTACHMENTS 1. Resolution No. 15-119 2. Certificate of Survey 2 GERALD T. COYNE LOT SURVEYS COMPANY RAY►4OND A. PRAS H 300 BRUNSWICK AVE. S. 6917 IDAHO AVE. N. GOLDEN VALLEY, MINN. LAND SURVEYORS BROOKLYN PARK, MI 4N. MINN, REG. NO. 4741 MINN. REG. NO. 67 3 RZG18TZRRD UNDKR LAMB OF STATZ OF HINNESOTA 7601 -73rd Ave.No Minneapolis.MinnesotaNYOICE NO. 1097 55428 560 3093 21 — g INDUSTRIAL — JUDICIAL `� ,� F. �. NO. COMMERCIAL — TOPOGRAPHICAL lirtIPLJIIrS (�PI'�iiC$tF SCALE I" = 3�s CITY LOTS — PLATTING O — DENOTES IRO 3.J. CONSTRUCTION 1 -4 Denotes Wood iiub P,.` • .�-::, ' i r.a:. Set For Excavation 1 t tl. OnlyID K d �dy Lot 32 , Block 5 , LAKES ADDITION NO. 2 10, Tf LVV- Car '�Vff)olr OL rc GurreyO 54�kwK fivm ' Hon►eawn�r� ro a p P°5 Act- l+n E 4 1 W 4 a 2o' ,,ate double ��. e We hereby cer'ifi that this ;s a true and correct reprasentelion of s survey of the boundaries of the above described lend and the location of all budidings and visible encroechm.F.ms, if any, from or on said lend. 15th Signed —_ _—�_ Surveyed by �; th;s " day of September p 19 g2 — LO�SLIRVEYS COMPANY I(IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Record ID 3810657 C I T Y O F 111 NOU KE!; S-0 2121915 . 001 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 15-119 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Resolution No. 15-119, Approving a 12 Foot Variance to Allow for the Construction of an Attached Garage at 6602 Pheasant Run, approved by the Lino Lakes City Council on October 26, 2015, and have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF, I have signed and affixed the city seal on October 27, 2015. City Cler t,f 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 15-119 RESOLUTION APPROVING A 12 FOOT VARIANCE TO ALLOW FOR THE CONSTRUCTION OF AN ATTACHED GARAGE AT 6602 PHEASANT RUN WHEREAS,a request has been submitted to the City for the approval of a variance at 6602 Pheasant Run, said property legally described to-wit: Lot 32, Block 5, Lakes Addition No. 2; and WHEREAS,review and approvals of variances are governed by state statutes and City ordinances, and WHEREAS,the Lino Lakes City Council makes the following Findings of Fact: 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the ordinance is to establish performance standards intended to assure compatibility of uses, prevent blight and to enhance the health, safety and general welfare of the residents of the community. Approving this variance request for an attached accessory structure doesn't pose a threat to the health, safety or general welfare of the neighborhood. In fact, since no attached accessory structure is present on the applicant's property (6602 Pheasant Run) approving this variance request will enhance the atmosphere in the neighborhood as Lino Lakes requires all dwellings to have, at minimum, a double garage. 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the comprehensive plan. The applicant's property is intended for a Single Family dwelling as such, current zoning ordinances require dwellings to have, at minimum, a double garage. 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties,"as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The property owner proposes to use the property in a reasonable manner, as the construction of a double garage is considered a reasonable use of the property. The practical difficulty in complying with the 40' setback from Birch Street's right-of-way creates a situation where the applicant cannot construct a double garage unless the variance is approved. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is due to circumstances unique to the property and was not created by the landowner. The current landowner recently purchased the property and did not construct the house without a garage. 5. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality by maintaining the 30 foot— 40 foot setbacks found along other Birch Street corner properties. Accessory structures such as garages are common features found throughout Lino Lakes residential districts. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. Accessory structures are permitted as Accessory Uses in the R-1, Single Family Residential District. 7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. NOW,THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves of a 12 foot variance to reduce the required setback from 40 feet to 28 feet along Birch Street to allow for the construction of an attached double garage at 6602 Pheasant Run, subject to the following conditions: 1. The detached shed in the northeast corner of the lot, found in violation of city ordinances, shall be relocated onto the applicant's property. 2. The accessory structure shall meet the requirements of§1007.043 General Building and Use Provisions. 3. The accessory structure shall meet all other city code and state building code requirements. 4. A building permit shall be submitted for by the applicant and approved by the City of Lino Lakes prior to construction. Adopted by the Council of the City of Lino Lakes this 26t'day of October, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Roeser, Stoesz, Reinert The following voted against same: None(Absent—Kusterman) Jeff Rein rt, Mayor ATTEST: i e Bartell, 9 ity ANOKA COUNTY MINNESOTA Document No.: 2121915.001 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 10f30/2015 11:18:00 AM Fees/Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Administrator!Recorder./Registrar of Titles BAP, Deputy Record ID: 3810657