6.8 \„4 -
Item
# 6.8.
41 ,ity of MEMORANDUM
Elk •
River TO: Planning Commission
FROM: Scott Harlicker, Senior Planne IA
DATE: August 24, 1999
SUBJECT: Request by Arnold and Margaret
Barsody To Amend Subdivision
Ordinance, Public Hearing Case No.
OA 99-14
Request
Consider a request by Arnold and Margaret Barsody to amend the
Subdivision Ordinance to allow, under certain conditions, a one time
exemption to the lot size and dimensional requirements in the Al district.
Attachments
• • Memo to City Council dated 7/19/99
• Minutes of 7/19/99 City Council meeting
• Memo from Mayor to City Council dated 7/19/99
• Location map of Barsody property
Overview
The Barsodys own an 11.6 acre parcel on Brook Road (County Road 21) and
would like to subdivide the property into a 2.5 acre lot and a 9 acre lot. The
2.5 acre lot would be used as a homestead for their daughter and the 9 acre
parcel would contain the existing home and accessory buildings.
The minimum lot size in this district is 10 acres unless the property is
developed under the 4 lots per 40 acres density option. The density option
allows smaller lots, down to 2.5 acre minimum, provided the density of the
plat does not exceed 4 lots per 40 acres. However, the Barsodys do not have
adequate acreage to qualify for the density option. The minimum parcel size
needed to qualify for this option is 20 acres.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612)441-7425
Memo to Planning Commission/OA 99-14
August 24, 1999
Page 2
IIIProposed Amendment and Criteria
In order to accommodate the Barsodys, staff has drafted the attached
amendment to the Subdivision Ordinance. The proposed amendment would
allow property owners that met certain criteria a one-time exemption from
the lot area and dimensional requirements in the A-1 District. The following
are suggested criteria:
• Are zoned agricultural (A-1)
In other areas of the city, smaller lot sizes are already permitted.
• Have been in the same ownership, homesteaded and have not
been previously subdivided since October 31, 1977.
October 31, 1977 is the date the Elk River Township and City
consolidated. This criterion is intended to limit applicability to long
time residents who have not recently subdivided their property.
• Are at least 11 acres in size and smaller than 20 acres.
The amendment is intended to provide relief for those property owners
that would not be able to subdivide their property without a variance
(lots at least 11 acres but less than 20). With lots less than 11 acres,
subdividing them would create 2 non-conforming lots. Generally at
Ili
least 1 acre is needed to provide adequate area for well and septic. Lots
20 acres and larger can be subdivided under the density option.
• The remnant parcel, which shall be considered the lot that
contains the original homestead, shall be 10 acres in size.
This criterion is to ensure that at least one of the lots meets the
minimum lot size requirement. In certain situations, as in the
Barsody case, it may allow for a lot size as small as 1% acre. If the
original parcel is larger, say 15 acres, the new lot will be larger, 5
acres for the new lot and 10 acres for the remnant.
• Structures on both the new lot and the remnant parcel shall
meet the setback requirements for the A-1 district.
The purpose of this criterion is to minimize the impact on adjacent lots
and ensure sufficient separation between structures on adjoining lots.
Since the property owner is creating a new lot, they will have to go through
the administrative subdivision process. As part of the review process staff
will consider access, impact on adjacent properties, suitability for well and
septic, environmental concerns such as wetland impacts, and engineering
issues such as grading and drainage.
II
S:\PLANNING\SCOTT\OA99-14.DOC
Memo to Planning Commission/OA 99-14
August 24, 1999
Page 3
• The proposed amendment could affect 24 parcels in the city. The number may
be less depending on how long the parcel has been under the same ownership
and if it was subdivided since 1977. Should this amendment be approved,
staff will be working with the City Attorney regarding what type of
documentation will be needed to verify length of ownership and whether the
parcel was previously subdivided.
Other Considerations
Approval of this amendment may open the door to a policy discussion
regarding the future of the A-1, Agricultural District. The Planning
Commission may experience other property owners in the same district
asking why they cannot be allowed similar consideration; why are these
property owners granted this option when others are not.
•
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S:\PLANNING\SCOTT\OA99-14.DOC