13 PCSR 04-26-1994 çi --kK. AGENDA ITEM 13
ty of MEMORANDUM
kRiver TO: PLANNING COMMISSION
FROM: STEVEN B. ACH, CITY PLANNER.44_
DATE: APRIL 26, 1994
SUBJECT: REQUEST FOR A VARIANCE BY JEFF
MASTLEY, PUBLIC HEARING, CASE
NO. V 94-03
REQUEST
Jeff Mastley is requesting a one-quarter of an acre variance to the minimum
lot area requirement of ten (10) acres in the Al zoning district.
LOCATION
Southwest corner of 213th Avenue and Jarvis Street.
• ATTACHMENTS
Location Map, Zoning Map, Preliminary Plat, Property Owners List
ANALYSIS
Jeff Mastley is requesting an administrative subdivision to divide a forty (40)
acre parcel into four (4) lots. The administrative subdivision is scheduled to
be brought before the City Council on May 16, 1994, for review and
consideration. However, each of the four lots fall short of the minimum lot
area requirements and must be reviewed by the Planning Commission and
City Council.
As illustrated on the attached proposed preliminary plat, gross acreage of
each lot is ten (10) acres. In order to achieve the ten acres, the existing right
of way of 213th Avenue must be included in the lot area calculation.
According to the zoning ordinance, when calculating minimum lot area right
of way is not included. Therefore, the actual lot area of each lot falls short by
approximately one-quarter of an acre.
• Section 900.40 (5) - Variances: When reviewing a variance application five
findings are required to be met. As long as the findings can be reasonably
mastley.plan
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Jeff Mastley, Variance Page 2
April 26, 1994
• addressed, variance applications have a basis for approval. The one
precaution with variance requests is to act reasonably and with sound
findings to prevent setting a precedent for future requests.
RECOMMENDATION
Staff recommends the Planning Commission recommend approval based on
the following findings:
1. The intent of the minimum lot standards set forth in the Al zoning
district is to allow large lot (10 acre) subdivisions with a density of one
unit per forty (40) acres. Literal enforcement of the lot area
requirement in this particular case would go beyond the intent of the
ordinance.
2. The variance of one-quarter of an acre on a ten (10) acre parcel can
virtually go unnoticed and alleviate the hardship of excluding right of
way, which is particular to large, unplatted tracts of land.
3. Literal application of the ordinance would deprive the applicant full
use of the property while keeping within the intent of the ordinance.
• 4. The property owner originally purchased the forty (40) acre parcel
which happened to include the right of way, making it a nominal
thirty-nine (39) plus or minus acre parcel for subdivision
considerations.
5. The variance will have no impact or adversely affect the health, safety,
or welfare of the community and will be in keeping with the spirit of
the ordinance.
•
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LOCATION MAP
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CASE V 94.03
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ver P.O. Box 490.13065 Orono Parkway w Elk River, MN 55330 9 (612) 441-7420