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4.1. BASR 07-27-1999 rk/ Item# 4.1. Wity of 1 MEMORANDUM Elk Ri• ver TO The Board of Adjustments FROM: Stephen Wensman, Planner DATE: July 27, 1999 SUBJECT: Request by Gerald Sneft for a Variance, Public Hearing Case No. V 99-8 Request Please consider a request by the applicant for a .56 acre variance and a 3.28 acre variance from the minimum lot area requirements in the Al zoning district (10 acre minimum lot area). Location • NW corner of County Road 21 and County Road 13, Section 1, Township 33, Range 26, Elk River, MN. Zoning/Land Use Al (Agricultural Conservation) /A (Agriculture) Attachments • Location/zoning map • 1994 Administrative Subdivision • 1995 Administrative Subdivision • 1999 Existing conditions • 1999 Proposed Administrative Subdivision Overview The applicant owns 18.27 acres of property in the Al zoning district and would like to subdivide the property into two parcels, A and B. If the Variance is granted, the Administrative Subdivision request will be considered on August 16th by the City Council. The applicant is requesting a .56 acre (lot A) and 3.28 acre (lot B) variance from the 10 acre minimum lot • area requirements in the Al zoning district. According to the current 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425 Memo to the Board of Adjustments/V 99-8 July 27, 1999 Page 2 definition of Lot Area, road easements and dedicated road right-of-way cannot be counted towards lot area. Proposed lot A contains the applicant's farmstead, agricultural land, and some lowland towards the south of the lot. Proposed lot B is mostly agricultural land with a tree line on the north quarter near the property line. Both parcels appear to have adequate soils and area for houses and septic systems. In 1994, the applicant was granted an Administrative Subdivision of 39.07 acres of land to create a 10.4 acre lot ( .4 acres of road easement) and a 28.67 acre lot. In 1995, the applicant was granted an Administrative Subdivision to split the 28.67 acre lot into a 10.4 acre lot ( .4 acres of road easement) and an 18.27 acre lot. The previously subdivided lots have been developed as residential properties. The applicant now wants to subdivide the 18.27 acre lot into lot A of 10.27 acres (roughly .83 acres of road easement), and a lot B of 8 acres (roughly 1.28 acres of road easement). Neither of the proposed lots conform to the minimum lot area requirements in the Al zoning district. Granting of Variance • Staff refers the Board of Adjustments to Section 900.40 of the City of Elk River Code of Ordinances for the five standards to consider when reviewing a variance. A variance may be granted only if it meets the following five conditions: 1. Literal enforcement of the ordinance will cause undue hardship. 2. The hardship is caused by special conditions and circumstances which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. 5. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the . property is located and will in keeping with spirit and intent of the ordinance. f:\shrdoc\planning\stevewen\pcmmo\v99-8.doc Memo to the Board of Adjustments/V 99-8 July 27, 1999 Page 3 • When studying the variance request, staff has considered the following: • Historically the Homestead Act of 1862 granted 160 acre parcels to those who would homestead them. Typically, over time, these homesteads were subdivided into 40 acre farms. Most likely, the applicant's parcel 39.07 acres was long ago sold as a 40 acre parcel, but now measures to be only 39.07 acres. • The proposed lot sizes, 10.27 acres and 8 acres, are allowed in the Al zoning district if the 4 lot per 40 acre density transfer option is utilized. In this case, the applicant's intent was to create 4 lots. Overall, the density allowed in the Al will be adhered to. • Staff originally considered having the applicant adjust the common lot line in order to make at least one of the lots conform with the 10 acre minimum lot area. However after studying the property, staff concurs with the applicant's proposed subdivision layout. The applicant lives on the northerly lot with most of the wetland which will serve as a buffer between the lots. The southerly lot is nearly all buildable and contains a tree line that will also serve as a buffer between lots. • • In the previous administrative subdivisions, the applicant was required to subdivide his property into lots of 10.4 acres to comply with the definition of"lot area." This requirement did not give lot area credit for land under the easement area. For the applicant, that meant that the remaining parcel was even smaller. Staff and the applicant believe that literal enforcement of the ordinance will cause undo hardship for the following five reasons (See the attached letter from the applicant). 1. Staff believes that the literal enforcement will cause undo (unnecessary, unavoidable, extreme) hardship because the strict adherence to the minimum lot area requirement will deny the applicant a right enjoyed by others in the area. The applicant never had a true 40 acre parcel as would typically occur as the 160 acre homestead land was subdivided. Inadvertently, the subdivided homestead that the applicant purchased broke down to a 39.07 acre parcel which is just less than the 40 required by ordinance to allow for a 4 lot split. 2. Staff believes that the hardship is caused by special conditions and circumstances which are peculiar to the property involved because the • \shrdoc\planning\stevewen\pcmmo\v99-8.doc Memo to the Board of Adjustments/V 99-8 July 27, 1999 Page 4 • property is not a true rectangle, and was never quite a 40 acre parcel as is a typical size for agricultural land. 3. The literal application of the provisions of this ordinance would deprive the applicant of rights enjoyed by other properties in the same district under the terms of this ordinance because other 40 acre parcels can have varying size lots by utilizing the density transfer option of 4 lots per 40 acres. By all intents and purposes, the applicant simply wants to do the same. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. The remnant lot of 18.27 acres is a result of never having a typical 40 acre parcel to begin with and the result of the lot area definition which did not count the road easement as part of lot area. 5. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood because the two previous lot splits on the applicant's property have resulted in residential development, and the proposed lot split is consistent with that pattern and the lot sizes are similar to other properties in the Al zoning district • where the density transfer has taken place. Recommendation Staff recommends that the Board of Adjustments approve this request for a .56 acre variance and a 3.28 acre variance from the minimum lot area requirements citing the following five conditions for granting a variance: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE • HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE f:\shrdoc\planning\stevewen\pcmmo\v99-8.doc Memo to the Board of Adjustments/V 99-8 July 27, 1999 Page 5 • NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL IN KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE. 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