5.4 PCSR 06-28-1994 k) -� AGENDA ITEM 5.4
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MEMORANDUM
TO: PLANNING COMMISSION
FROM: GARY SCHMITZ, PLANNING ASSIST. 60.-1
DATE: JUNE 28, 1994
SUBJECT: VARIANCE REQUEST BY JEFF
MASTLEY, PUBLIC HEARING, CASE
NO. V 94-06
REQUEST
Consider a request for a one and a quarter acre variance for Parcel B, and a
half acre variance for Parcel A to the minimum lot size of ten acres for the Al
zoning district.
• LOCATION
Intersection of Jarvis Street and 213th Avenue (North 662.46 feet of the
northeast quarter of the northeast quarter of the northeast quarter, Section
13, Township 33, Range 26, Sherburne County, MN)
ZONING / LAND USE
Al (Agricultural Conservation) /A (Agricultural)
ATTACHMENTS
Location Map, Zoning Map, Site Plan
BACKGROUND
Jeff Mastley is requesting an administrative subdivision to divide a 20 acre
parcel into two lots. The administrative subdivision will be reviewed by the
City Council on July 18, 1994. The Planning Commission is required to
review this proposal because the two lots do not meet the minimum lot area
requirements of the Al zoning district and therefore require variances.
•
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Mastley, Variance Page 2
June 28, 1994
•
DIMENSIONAL REGULATIONS
The property is zoned Al which requires a minimum lot size of 10 acres and
300 feet of frontage.
As shown on the attached site plan, the gross acreage of both parcels are 10
acres in size however, a portion of the 10 acres is within the right of way of
213th Avenue and Jarvis Street. According to the zoning ordinance, when
calculating minimum lot area, right of way is not included. The actual lot
area of each parcel falls short by one-half acre and one and one-quarter acres,
respectively. Each lot does exceed the minimum width requirement of 300
feet.
ANALYSIS
The applicant recently platted Trott Brook Estates into four parcels. This
subdivision involves a 40 acre tract immediately west of the subject site. Mr.
Mastley received similar variances for each of those four lots. This current
proposal is very similar to the Trott Brook Estates variance and
administrative subdivision.
III
The proposed variance lies within the Al zoning district which requires a 10
acre minimum lot size. The intent of the Al district was to allow 4 units per
40 acres. This proposal would remain consistent with the 4 per 40 rule. The
lot size would also be consistent with other lots in the area, therefore, the
variance would not be detrimental to the surrounding property values and
would be keeping with the spirit and intent of the ordinance.
RECOMMENDATION
Staff recommends approval of the lot area variance by Jeff Mastley, 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 4 UNITS PER 40 ACRES. LITERAL ENFORCEMENT
OF THE LOT AREA REQUIREMENTS IN THIS
PARTICULAR CASE WOULD GO BEYOND THE INTENT
OF THE ORDINANCE.
• 2. LITERAL APPLICATION OF THE ORDINANCE WOULD
DEPRIVE THE APPLICANT FULL USE OF THE
mastley.pc
Mastley, Variance Page 3
June 28, 1994
•
PROPERTY WHILE KEEPING WITHIN THE INTENT OF
THE ORDINANCE. THE PROPERTY OWNER
ORIGINALLY PURCHASED THE 20 ACRE PARCEL,
WHICH HAPPENED TO INCLUDE THE RIGHT OF WAY,
MAKING IT A NOMINAL 18.5 ACRE PARCEL FOR
SUBDIVISION CONSIDERATIONS.
3. THE VARIANCE WILL HAVE NO IMPACT OR
ADVERSELY AFFECT THE HEALTH, SAFETY, OR
WELFARE OF THE COMMUNITY AND WILL BE
KEEPING WITH THE SPIRIT AND INTENT OF THE
ORDINANCE.
•
•
mastley.pc
NOTE: Physical features ore from on enlarged aerial photo.
ADMINISTRATIVE SUBDIVISION Bearings are based on an assumed datum.
FOR -
16
161
I -- �7 N Res Denotes existing wooded area.
JEFF MASTLEY
/ l 131 0 Denotes iron pipe set with a plastic
16161 Z // �s'r t'7". plug stamped RLS 8194.
no 290 r Found I/2 inch iron pipe 0.20 ft. I I I /
SCALE x4 FEET / east by 0.03 ft. north of actual corner. I I I F-/ A Sherburne County monument
I_ .7k7'.----- I N 89°03'33" W 1314.49 I
__ _J_ ,„ 213th AVENUE NW 0 -�'
c I s` a -I/ • PARCEL "D":
.a 11 I I N
PARCEL D
a 1 o The North 331.23 feet, as measured at right angles, of the
'a y o ". Gross: 10.00 Ac, +/- (I) tE Northeast Quarter of the Northeast Quarter of Section 13,
c `A Less: .97 Ac, +/- in 213th Ave. N.W. I I Township 33, Range 26, Sherburne County, Minnesota.
3 o n Less: .28 Ac, +/- in Jarvis Street N.W. n iI n
a� I s� I n Containing 10.00 acres, more or less. Subject to that part
\ Net: 8.75 Ac, +/- Witness point on line r o Q ; taken for 213th Avenue N.W. over and across the North 33 feet
oo Nco
not on Right-of-way� \ thereof. Also subject to that part token for County State Aid
In .r ....,....—South line of the North 331.23 ft. �\
c� ' N \.( `O' , . Highway No. 13 along the east line thereof. Also subject to
tn o �! co� PARCEL E �PS` I II other easements of record, if any.
w I , I N
o as Gross: 10.00 Ac, +/- _ II 3 `o PARCEL "E":
z.) Less: .36 Ac, +/- in Jarvis Street N.W. IP 1_ o
F. N Net: 9.64 Ac, +/- �p IM I o o The South 331.23 feet of the North 662.46 feet of the
d n L 1 o Northeast Quarter of the Northeast Quarter of Section 13,
° n "> Witness point on line-\ , li° I.•0 o Township 33, Range 26, Sherburne County, Minnesota.
°` / '°°.l not on Right-of-way \ 1 `� o ro.
o 1 S 89°03'33" E 1315.70 1 y z $ Containing 10.00 acres, more or less. Subject to that part
z taken for County State Aid Highway No. 13 along the east line
3 `'�, Witness point on line i�/� x Pines / �I thereof. Also subject to other easements of record, if any.
Y N /`O �� c - /j// I o
iv O *.r. i /7I / oo w SC 09: /Mastley.D&E 6/02/94 File #6918.3
z • South line of the North 662.46 ft. (20 Acres) of the Lpr /,..., M x°
8 Northeast Quarter of the Northeast Quarter y. / y
to �o,� Q I I hereby certify that this survey was prepared by me or under my
/� 4/ o direct supervision, is correct to the best of my knowledge and
° /a`V.%t I Z belief, and that I am a duly licensed Land Surveyor under the laws
0, FID -(1-
lAOR\ 'S9 / - of the State of Minnesota.
co In //' `/ 7�
w o /s6/41$./
/� m o JON OLIVER & ASSOCIATES, INC.
x P v o B . John O. Oliver, Land Surveyor
Minnesota License No. 8194
/^)y//= W Date: June _. , 1994
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x - 99.15-
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9.15- -- ' /l
p---- x
,„-- 312.09 -',,yr John Oliver d Associates, Inc.
I ---1316.87--- / �•;�)
/ MI580 ,
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I Fence line '/ / / Ssv (612)441-207Ilk River, 2(788)441-6666
South line of thota
e North Half of the Northeast Quarter--,, / /
1 / / n..11,60'wring,L.4 a....rw.w n.°w.r
DRAWN BY: B.G. 6918.3
4111 • •
LOCATION MAP
Ak-
VeMEMOr
V 94-06 '
Vel' P.O. Box 490.13065 Orono Parkway • Eik River, b11Y 55330 • (612) 441-7410