5.9 ( ITEM 5.9.
ty of � MEMORANDUM
lkRiver TO: Planning Commission
FROM: Steven B. Ach, City Planner„ ' 7i --
DATE: June 25, 1996
SUBJECT: Variance Request by Darren and
Elizabeth Duffy, Public Hearing
Case No. V 96-6
Request
Darren and Elizabeth Duffy are requesting a variance to the minimum lot
size requirement in the Rla (Single Family) zoning district.
Location
The northeast corner of Zebulon Street NW and 201st Avenue NW.
• Zoning/Land Use
Rla (Single Family Residential) /LR (Low Density Residential)
Attachments
• Location map
• Zoning map
• Survey of proposed subdivision
Overview
Mr. and Mrs. Duffy are proposing to subdivide approximately 5 acres of
property into two single family lots. Currently, the property extends to the
centerline of Zebulon Street, which includes 33 feet of roadway easement.
Zebulon Street, or County Road No. 72, will need to have additional 17' of
right-of-way granted as part of the subdivision; therefore, reducing the lot
size of Parcel A to an area less than the 2-1/2 acre minimum lot size required
in the Rla zoning district.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Planning Commission Page 2
June 25, 1996
Dimensional Requirements
• The proposed subdivision will create two lots, each meeting the minimum
frontage requirement of 160 feet. As mentioned above, one of the two lots
will satisfy the lot size standards while the westerly (Parcel A) lot will be .2
acres shy of the 2-1/2 acre minimum lot size. The existing home on Parcel A
will meet all setback requirements based on the new lot lines.
Analysis
In reviewing the application, staff believes the following findings can be met
to justify the variance request:
1. The intent of the R1a minimum lot size requirement of 2-1/2 acres is
not diminished by granting the requested variance.
2. Literal application of the lot size requirements would deprive the
applicant the opportunity for subdivision of the property.
3. If the additional 17 feet of right-of-way along Zebulon was not needed,
the minimum lot size could be achieved.
• 4. The variance of.2 acres is the minimum requested to meet the intent
of the ordinance.
5. The variance will not adversely affect the health, safety or welfare of
the community and will be in keeping with the City's past actions on
similar requests.
Recommendation
It is recommended the Planning Commission recommend approval of the .2
acre variance request by Darren and Elizabeth Duffy based on the findings
outlined in the staff report.
•
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Techtron Engin. Inc. 612 425 4075 P. 02
Michael and Jeannie Bodnar
14300 202nd Avenue
• Elk River,MN 55330
06-25-96
Mr. Steve Ach
City Planner
City of Elk River
Dear Mr.Ach:
This letter is from Michael and Jeannie Bodnar who live at 14300 202nd Avenue and whose
property directly borders the Duffy residence (who live on Zebulon Street in Elk River). We are
writing in regards to the property variance requested by the Duffy's for subdividing their property
on Zebulon Street. The variance request is to be discussed at the City Ordinance Meeting at 7:00
P.M. on 06-25-96. We are not able to attend the meeting, so please consider this letter our
response to the variance request.
We weie nicotined that the Duffy's arc requesting a variance to subdividc their pwpczty Ix, build
another single dwelling home. If this is the case,we object to this being done. We built our house
in a wooded lot that borders the Duffy residence because the area was fully developed. Therefore,
we could place our house in the portion of our property that would give us the most privacy
without the cuncein of new houses changing the present conditions.
• At the present time, we are separated from the Duffy residence by a large stand of trees. Because
our home is close to the Duffy property line, if they are allowed to build another residence, the
conditions that led us to build where we did will be negatively impacted. The home will be built
extremely close to the Front of our house. the result will be that the main benefit of building where
we did will be destroyed. We paid extra money in building costs, driveway, utility hook-up, etc.
so that we could be back in the woods away from our neighbors. If this variance is granted, our
extra costs to have privacy will have been completely wasted.
As everyone else in Meadowvale Woods, we benefitted greatly by being able to buy a relatively
large tract of land for a reasonable price. The land price was reasonable because only one home
could be built on each parcel of land. We not only accepted these conditions, but that was
precisely the main reason why we bought the property.
In short, it is extremely important to us to koop tho aroa zoned az it was when use bought our
property. We hope you will deny the Duffy variance request and enforce the conditions that we
adhered to in building our home.
Please call me at(612) 425-4077 during the day with any questions.
Sincerely,
134*/
ike Bodnar
• •
211 TH
210TH
209TH
208TH
20rn
20 rl
205TH
204TH
203RD
'.02ND
201ST
200TH
199TH
198TH
19TH
198TH
195TH
194TH
193RD
1/'44 r
LOCATION
Cityof MAP
Elk River
13065 Orono Parkway • P.O. Box 490 CASE: v ab
Elk River, MN 55330
I 20601
207TH
206TH
205TH
204TH
203RD
202ND
201ST
200TH
19914
19814
19]71
196TH
195TH
194TH
193RD
192ND
191ST
City of
Elk Ri•ver
13065 Orono Parkway • P.O. Box 490
Elk River, MN 55330
ZONING
MAP
CASE: V96=6