5.4 PCSR 08-22-1995 ek/ \
(
ITEM 5.4.
y of ,/
tit
MEMORANDUM
TO: Planning Commission
FROM: Gary Schmitz, Planning Assistant G(,./1,
DATE: August 22, 1995
SUBJECT: Variance Request by Dennis Booth,
Public Hearing Case No. V 95-7
Request
Consider a .25 acre lot area variance request by Dennis Booth to the
minimum lot size of 10 acres for the A-1 (Agricultural Conservation) zoning
district.
Location
•
North side of 213th Avenue, west of the Jarvis Street intersection.
Zoning/Land Use
A-1 (Agricultural Conservation) /A (Agricultural)
Attachments
• Location Map
• Zoning Map
• Site Plan
Background
In addition to the variance request, Dennis Booth 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
September 18, 1995. The Planning Commission is required to review this
variance proposal because the two lots do not meet the minimum lot area
requirements of the A-1 zoning district.
III
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Planning Commission Page 2
August 22, 1995
IllDimensional Regulations
The property is zoned A-1 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. 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 .25 acres per parcel. Both lots do exceed the
minimum width of 300 feet.
Analysis
There were three similar variance requests just to the east of the subject site
in 1994. All three variances were approved by the Planning Commission and
City Council. The proposed variance lies within the A-1 zoning district which
requires a minimum 10 acre lot size. The intent of the A-1 zoning district
was to allow four units per 40 acres. The proposed administrative
subdivision would be consistent with the 4 per 40 rule. The lot size would
also be consistent with other lots in the immediate 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.
IllRecommendation
Staff recommends approval of.25 acre lot area variance by Dennis Booth
based on the following findings:
1. The intent of the minimum lot standards set forth in the A-1 Zoning
District is to allow large 10 acre subdivisions with a density of 4
units per 40 acres.
2. Literal enforcement of the lot area requirements in this particular
case would go beyond the intent of the ordinance.Literal
application of the ordinance would deprive the applicant full use of
the property.
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.
III
s:p lanning:p c:Vv95-7
Nor/h fine of Me Swj-
0 _-_ --- N 95°474/"N
/, _ , 653.59
z f ° /48.05 F
Q
i
I ,
1
II
.Z.' \.
Z \
e N N 1
N,'
I :
S -� 1 '
N 1/4 `
o I •10'635"W0
0 Z) .
W1 3 0c, ,✓ ��s �`s4�4
99 •1 0 `
h ° ^ N '
c \`` \ 3 h
�� N
PARCEL A
.p >; 1
h
C. 20.od'oGGS I
ti
\ii ,,,
� f
N W
tom/\ h c.
9.
'''N I ,
\ '
I ..\ \
I
• 1 '- I
I
�;
®m
ME
LOCATION
218 qV[! UE 2
< 219TH
218TH
215TH
214TH
r 213TH
211TH
EAt
7
UNE O 2
J O
tt Q
5 210TH
LOCATION MAP
CASE NO. V 95-7
e1 P.O. Sox 490 • 13065 Oronn D- cn. .
208TH
........................:.
T N 0 T
. 13 N 1„ 0 F I I
e ... . . . .. .. ..... ..
I ..
. W. ...
1
Fbodq.Y.
93 A$kuRUY Cu.
® %V. FYNry W�
® Sb" F.1y F.�
99 U-0. F. -I, F..kw.W
Rg Sb.w F. yRii R..Itl..YW
%'e* F...W,
ZONING MAP
® T" ftdif x.b.nb, IT II.M bCwbW
R� T...M.w/MWIW. Famry nw ft C12^ M.eem uwatrw
R4 Mn.b�. F * Rwtldn� en9 S.W W.H. Fmi%
® M.. Lwt O.wkp..m. �T Mf . T...r
Q 0Rb w kt
CASE /
verP.O. Box 490. 13063 Orono Parkway • Elk River, MN 53330 0 (612) 441-7420