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5.8 PCSR 09-26-1995 f (1 \ ITEM 5.8. •ity of E1k/ River MEMORANDUM TO: Planning Commission FROM: Gary Schmitz, Planning Assistant DATE: September 26, 1995 SUBJECT: Variance Request by Gina Havron, Public Hearing Case No. V 95-11 Request Gina Havron is requesting a 24 foot variance to the required road frontage of 160 feet in the Rla zoning district. Location 411 13160 Ranch Road ZoninM'/Land Use Rla (Single Family Residential) /LR (Low Density Residential) Attachments • Location Map • Zoning Map • Site Plan • Letter from Applicant Background Gina Havron is proposing an administrative subdivision to divide a 24.59 acre parcel into a 14.59 (Parcel A) and a 10 acre parcel (Parcel B). The 24 acre parcel is a flag-shaped lot which has 272.80 feet of road frontage along County Road 33. Each proposed lot has 136.4 feet of road frontage. The minimum frontage requirements in the Rla zoning district is 160 feet; therefore, each lot falls short by 24 feet of road frontage. Only the City • Council will review the administrative subdivision. However, the Planning Commission is required to act on the proposed 24 foot road frontage variance for each parcel. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 • Dimensional Regulations The property is zoned Rla which requires a minimum lot size of 2-1/2 acres and 160 feet of road frontage. As shown on the attached plan, the acreage of the overall site includes 24.59 acres. The subject site lacks the necessary road frontage to subdivide the property without the need for a variance. Analysis The applicant has explained her situation in the attached letter. Due to an unforeseen circumstance, the applicant would like to split off a ten acre parcel in order to be able to afford to stay on the property. The applicant had considered platting the property into 2-1/2 acre lots; however, ran into a problem with a long dead-end road situation due to the lack of viable outlets to the rear of the property. The property is further hindered by a large wetland near County Road 33 and a powerline easement which limits access. The one other option other than a variance that could also be considered is that the applicant could pursue purchasing an additional 47 feet of property near County Road 33; however, Ms. Havron would like to apply for a variance rather than purchasing more property. The 47 feet of property • would likely contain a great majority of wetland area; therefore, would do little to improve the overall situation other than satisfy the frontage requirement. If the administrative subdivision and variance are approved, the applicant would use the existing driveway to service both lots with the driveway divided once the property opens up past the flagged area. Staff feels that there are adequate findings to grant the variance and offers the following comments: • The unique shape of the lot and surrounding wetlands pose a physical hardship in subdividing the parcel. The flag shape with the bulk of the property to the rear, limits the applicant's development potential in a zoning district that allows smaller rural lots. The flag shape also precludes a public street from being constructed to meet the frontage requirement as it would result in a long dead end street (also requiring a variance). The ability to extend the public street to tie in with an existing street is limited by neighboring lowlands and would involve the cooperation from other property owners. • The proposed administrative subdivision is a reasonable use of the property. The property is quite large (24.59 acres) and the minimum lot size is only 2-1/2 acres. Therefore, a 14.59 acre parcel and a 10 acre • parcel would not be out of character for the area. s:planning:p c:v95-11 • • The variance will not be detrimental to the health, safety and welfare of the area and is keeping with the spirit and intent of the ordinance. One of the purposes of the minimum lot width in this zoning district is to disperse the driveway access points onto public streets. The applicant has indicated that no new driveways would be constructed on the new parcel and an easement would be granted to use the existing driveway. • Granting the variance would not convey any special privileges to this property owner that other property owners in this area would not have with a similar sized parcel in terms of number and size of proposed lots. Recommendation Staff recommends approval of the 24' lot frontage variance request by Gina Havron based on the following findings: 1. The unique shape of the lot and surrounding wetlands pose a physical hardship in subdividing the parcel. The flag shape with the bulk of the property to the rear, limits the applicant's development potential in a zoning district that allows smaller rural lots. The flag shape also precludes a public street from being constructed to meet the frontage requirement as it would result in a long dead end street (also requiring a • variance). The ability to extend the public street to tie in with an existing street is limited by neighboring lowlands and would involve the cooperation from other property owners. 2. The proposed administrative subdivision is a reasonable use of the property. The property is quite large (24.59 acres) and the minimum lot size is only 2-1/2 acres. Therefore, a 14.59 acre parcel and a 10 acre parcel would not be out of character for the area. 3. The variance will not be detrimental to the health, safety and welfare of the area and is keeping with the spirit and intent of the ordinance. One of the purposes of the minimum lot width in this zoning district is to disperse the driveway access points onto public streets. The applicant has indicated that no new driveways would be constructed on the new parcel and an easement would be granted to use the existing driveway. 4. Granting the variance would not convey any special privileges to this property owner that other property owners in this area would not have with a similar sized parcel in terms of number and size of proposed lots. • s:plannin g:p c:v95-11 /) _M` o \ � __ ----- ,7 tilt1 v t; `0 / 6/ _e 0 $t, ..._. c.. / St' or , rj/ • 1 , ifti/ y , ii) _.z,...... lig • 1‘ , a� 0 J' /mac' .E'�,C/ 0' -�.cif ...V.-I, OS'. ,( t ' I ..... ., LO _ I1 1° 11/ - 1.• .4.r.t...- / (1., iiIpect alit' / . •"' a,- — -- 9.0)1.0 / p, ,,&i, ,/o o,._C --- 7 rid19 Pi:; ....er..=, ----'9'z! ,✓o Z;.:,... /��1 G.,o _....Wri7 Ls:_aim GOA / / E / i :..4,..,. t . b 1 i it(7/ <.I I l� ` I) e r V , it -�- - ,-- - -x.$ :'t5. f -92 a' E6'1 2 z 7,-o��'- - -----"v ,-,,!/Y --,',..44e ---o .7,---e---, `s�M 1C fi i \-J \ - c \\7--- - _ o..5j N. ar•o0'9 t:!' „... .e/o c7 � �"a � � - - ' 7I `L � ' ..-.0�o _ {(�� V % ) II R n L lik ‘11 t N i i r%I � _ � ` C..) j W ‘4"41. N1111 5\fh,‘ • • »nor _ .� 'E/ /'?. a/, ,2 deo a JY - - l`----'.,‘, Q •-'i: . 1)11.611111111411141 o N'" M.; ,, _.4....1-p,.?--- - +':rZe IPI► ,' "t )te �t...,' ti. k'Tl' Variance Application—Letter of Explanation August 28, 1995 I, Gina Havron, own approx. 24. 5 acres on the south side of County Road 33. I wish to be able to build a home on the southern portion of my property. there is currently a home on the property about 1600' from the county road. Because the property is an odd shaped parcel, due mainly to the fact that is bordered on two sides by low lying areasr I am having difficulty in obtaining any other access to the southerly section of the property. I would like to split off 10 acres of the property for the new home with the bulk of this area being on the south end of the section and putting an easement on the existing driveway to maintain as little wetland disturbance as possible. It is feasible that I can place a road to this new site without disturbing any of the low lying areas on the new or the old parcel. I am running in to difficulties with the required road frontage. The property has approx. 273' of road frontage and would only make 136' available to each parcel. What I am proposing to do when this is approved, will not in any way change the existing road by creating new driveways and this will not conflict with any of the surrounding properties. I have no other solutions available inthis situation that would make it possible for me and my children to main— tain a residence on this property and the result would be for us to move of this parcel. Because this such a favorable location with plenty of property for two homes to exist , I would like the opportunity to stay : ty. Gina Havron CiAri -�-- � Cityof E'River LOCATION MAP CASE y 9sm P.O. Box 490 9 13065 Orono Parkway 0 Elk River, MN 55330 • (611) 441-7420 FbaMa�n AprIgYI1tM Commrnlbn ® Singb FertWy flnbonWl 5�h F®muy RwItlYtlW 9� sm'* F."y HooltloiVW Rig $Nw F�, %w W 99 S)qb F.W ftw&wW ver ZONING MAP R2 TYio Rniy wra.mw.... _ Q m'&t 1'&tCom s ® lbo F�,tlty FtmbMWl JE u0M bWs4W R� Tama,um/MWti FmNh Fabentlat 12 m� b .Of 1 fl4 MWIb1y Femly flaebwrtlel 5—m So W Fe ty ® PIFA Mt . Tarot y C� CavarrtW ®M4are1 © 011ko CWticl CASE V 95.11 P.O. Box 490 • 13065 Orono Parkway 0 Elk River, MN 55330 • (612) 441-7420