Lino Lakes Ledger
Sport Court? Or Recreation Room?
At its regularly-scheduled meeting of Nov. 17, the Lino Lakes City Council addressed the issue of an appeal regarding the interpretation of the city’s Zoning Ordinance as it applies to “sport courts.”
Resident Mark Smith intended to build a 2,955 square foot addition to his home at 2120 Otter Lake Dr., labeling it a “sport court” on the drawings. The proposed addition did not require a variance.
Neighbors Paul and Julie Schwartz objected to the addition, stating it would only be 35 feet from their home. “Having this significant mass of structure with accessory use next to our property, running several hundred feet along our side yard, is an obtrusive use that the spirit of the zoning ordinance does not purposefully allow,” the couple argued.
The city’s regulations specifically address “sport courts” but according to a city staff report, those regulations are intended to regulate the placement of outdoor recreation facilities such as tennis courts or basketball courts.
The City Council found that regardless of what the room was called, it functioned as a habitable “recreation room” and its use within the home was accessory to the principal use of the building as a residence, and concluded that the maximum square footage allowed for accessory uses did not apply.
Resolution 08-130 clarified that areas used for recreational activities constructed within a dwelling are not subject to the requirements for accessory structures.
It was approved 5-0.
In other action, the council:
• Recited the Pledge of Allegiance, led by Cub Scouts Nick Ridley and Darren Cortez.
• Rescheduled its second regularly- scheduled meeting in December to Monday, Dec. 15 at 6:30 p.m. If necessary, the Truth-In-Taxation hearing will be continued at that meeting.
• Approved an application by Centennial Middle School PTA for a bingo event to be held Feb. 6, 2009.
• Proclaimed November Homelessness Awareness Month.
• Approved 5-0 the first reading of Ordinance 13-08, establishing the 2009 City Fee Schedule. Among the new fees added were the addition of a lawn sprinkling violation fee related to the city’s new time-of-day watering restrictions, a fee required at the time driveway replacement permit applications are submitted, and a certification fee for assessment of unpaid utility charges. A proposed increase in park dedication fees prompted a request by council for further information, to be provided by staff.
• Authorized the distribution of the city’s Comprehensive Plan to adjacent jurisdictions for review and comment, a process that must commence at least six months prior to submission of the plan to the Metropolitan Council. That deadline has been extended to May 29, 2009. Final vote was 4-1, as Council Member Jeff Reinert voted no, noting that he disagreed with the direction in which the city is headed.