7.10. SR 05-16-1994
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AGENDA ITEM 7.10.
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: STEVEN B. ACH, CITY PLANNE~
DATE:
MAY 16, 1994
SUBJECT: VARIANCE REQUEST BY JEFF
MASTLEY, PUBLIC HEARING, CASE
NO. V 94-03
ISSUE
Consider a request for a one quarter of an acre variance to the minimum lot
area requirement of ten (10) acres in the Al zoning district.
LOCATION
Southwest corner of 213th Avenue and Jarvis Street
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ATTACHMENTS
Report to the Planning Commission dated April 26, 1994
OVERVIEW
Jeff Mastley is requesting an administrative subdivision to divide a forty acre
parcel in to four lots. The property is currently zoned Al (Agricultural
Conservation), which requires a minimum ten (10) acre lot size. The
proposed subdivision illustrates lots that are ten acres in size, however, to
achieve this ten acres, roadway easement for 213th Avenue must be included
to achieve this ten acre minimum. According to the zoning ordinance, it
clearly states that in order to calculate minimum lot area, roadway easement
can not be included. Therefore, the actual lot area of each of the lots in this
subdivision fall short of the minimum requirement by approximately one
quarter of an acre.
It should be pointed out there have been other subdivisions in this area that
have created parcels slightly less than the ten acre minimum.
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P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Mastley , Variance
May 16, 1994
Page 2
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PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the requested one
quarter of an acre variance to the minimum ten acre lot size with the
findings stated in the staff report.
RECOMMENDATION
It is recommended the City Council approve the requested variance to the
minimum lot size requirement in the Al zoning district by Jeff Mastley with
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 one
unit per forty (40) acres. Literal enforcement of the lot area
requirement in this particular case would go beyond the intent of the
ordinance.
2.
The variance of one-quarter of an acre on a ten (10) acre parcel can
virtually go unnoticed and alleviate the hardship of excluding right of
way, which is particular to large, unplatted tracts of land.
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3. Literal application of the ordinance would deprive the applicant full
use of the property while keeping within the intent of the ordinance.
4. The property owner originally purchased the forty (40) acre parcel
which happened to include the right of way, making it a nominal
thirty-nine (39) plus or minus acre parcel for subdivision
considerations.
5. The variance will have no impact or adversely affect the health, safety,
or welfare of the community and will be in keeping with the spirit of
the ordinance.
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mastleyv .council
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AGENDTEM 13
MEMORANDUM
FROM:
PLANNING COMMISSION
STEVEN B. ACH, CITY PLANNER~Cl--
APRIL 26, 1994
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DATE:
SUBJECT: REQUEST FOR A VARIANCE BY JEFF
MASTLEY, PUBLIC HEARING, CASE
NO. V 94-03
REQUEST
Jeff Mastley is requesting a one-quarter of an acre variance to the minimum
lot area requirement of ten (10) acres in the Al zoning district.
LOCATION
Southwest corner of 213th Avenue and Jarvis Street.
e ATTACHMENTS
Location Map, Zoning Map, Preliminary Plat, Property Owners List
ANALYSIS
Jeff Mastley is requesting an administrative subdivision to divide a forty (40)
acre parcel into four (4) lots. The administrative subdivision is scheduled to
be brought before the City Council on May 16, 1994, for review and
consideration. However, each of the four lots fall short of the minimum lot
area requirements and must be reviewed by the Planning Commission and
City Council.
As illustrated on the attached proposed preliminary plat, gross acreage of
each lot is ten (10) acres. In order to achieve the ten acres, the existing right
of way of 213th Avenue must be included in the lot area calculation.
According to the zoning ordinance, when calculating minimum lot area right
of way is not included. Therefore, the actual lot area of each lot falls short by
approximately one-quarter of an acre.
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Section 900.40 (5) - Variances: When reviewing a variance application five
findings are required to be met. As long as the findings can be reasonably
. mast1ey.p1an
P.o. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 . (612) 441-7420 . Fax: (612) 441-7425
Jeff MastIey, '\lariauce
April 26, 1994
Page 2
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addressed, variance applications have a basis for approval. The one
precaution with variance requests is to act reasonably and with sound
findings to prevent setting a precedent for future requests.
RECOMMENDATION
Staff recommends the Planning Commission recommend approval 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 one
unit per forty (40) acres. Literal enforcement of the lot area
requirement in this particular case would go beyond the intent of the
ordinance.
2. The variance of one-quarter of an acre on a ten (10) acre parcel can
virtually go unnoticed and alleviate the hardship of excluding right of
way, which is particular to large, unplatted tracts of land.
3. Literal application of the ordinance would deprive the applicant full
use of the property while keeping within the intent of the ordinance.
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4.
The property owner originally purchased the forty (40) acre parcel
which happened to include the right of way, making it a nominal
thirty-nine (39) plus or minus acre parcel for subdivision
considerations.
5. The variance will have no impact or adversely affect the health, safety,
or welfare of the community and will be in keeping with the spirit of
the ordinance.
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