6.2. SR 02-20-2007
City of Elk River
REQUEST FOR CITY COUNCIL ACTION
Agenda Section Meeting Date
Plannin Items Febru 20, 2007
Item Description
Request by Dale/Ann Beaudry for Rezoning from R2a to R2b,
Public Hearin - Case No. ZC 07-03
Item Number
6.2.
Prepared by
Chris Leeseber , Park Planner
Reviewed by
Location
518 Jackson Avenue
Introduction
The applicant would like to request the City Council consider an ordinance amendment that would
reduce the lot size for R2a lots.
Attachments
.
Request for Action
Location Map
Aerials
Zoning Comparison Chart
.
.
.
Action Requested
Staff and the applicant are looking of direction in regards to a Zone Change or for an Ordinance
Amendment.
Planning Commission Action Motion by _
Second by _
Vote
Follow Up
Case File: ZC 07-03
Page 2
location: 518 Jackson Avenue
Zoning:
Adjacent
Zoning:
R2(a)
N - R2(a)
E-R1c
S - R2(a)
W-PUD
land Use:
Adjacent
land Use:
OT - Old Town
N-OT
E-OT
S-OT
W-OT
60 Day Rule: Action must be taken on this request by February 20, 2007
Overview
The applicant's property is a result of a previous lot line adjustment. It was at one time two
individual lots that were the same size as the neighboring properties. Sometime in the past the lot
line between the properties was removed and the two lots were combined into one. The applicant's
desire is to subdivide it back to two lots to be able to create a buildable lot.
Applicable Regulations
Rezoning
In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directlY and
indirectlY qffected fry the proposal, the conservation if properry values, the use to which the properry qffected is being
devoted at the time, and relevant provisions, if af!J, in the land use plan.
Analysis
The property is currently zoned R2(a) with a frontage requirement of 80-feet. The property is
approximately BO-feet in width and in order to meet the current zoning requirements, each
individual lot must meet the 80-feet of frontage. The lot is not wide enough to create the two lots
with the current zoning, but if it were zoned R2b which has frontage requirement of 60-feet, the
property could be divided. A zone change was the initial direction of his request.
The only difference between the two zoning districts is that the R2b district allows townhouses and
multifamily dwellings (four units per structure maximum).
Staff does not anticipate any issues with the lot being split, as the newly created lot would fit the
character of the neighborhood. The issue that would be raised is the practice of spot zoning, which
is typically not supported by staff or the Council. Also, if the property were rezoned, the ability to
build a townhouse would be allowed.
s: \pLANNING\ Case Files \2007\ZC\ZC 07-03_Beaudry\ZC 07-03_CC-Direction.doc
Case File: ZC 07-03
Page 3
There are 15 properties north of 6th street to School Street, of which only three meet the minimum
lot widths. Two of the three (including subject property) are wider than 120-feet. These lots appear
to have been combined in the past. Twelve of the properties are non-conforming lots with the
current lot dimension requirements. It also appears when looking at the city base map, that many of
the properties in the R2(a) districts might be non-conforming.
Request
Staff and the applicant are looking for direction on which avenue should be explored; rezoning or an
ordinance amendment.
Staff suggests that the ordinance amendment to the required lot width of the R2(a) zoning district be
looked at. This would possibly make most of the non-conforming lots conform to the zoning
ordinance. It would also keep the intent of the R2 zoning district.
S:\PLANNING\Case Files\2007\ZC\ZC 07-03_Beaudry\ZC 07-03_CC-Direction.doc
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Permitted Uses
Accessory Uses
CUP's
R2-A
10,000
SO-feet
Single Family
Two Famil
State-Licensed Residential
Model Homes
Public Parks
Permitted Home Occu
Single Family
Two Famil
State-Licensed Residential
Model Homes
Public Parks
Permitted Home Occu
Public Shelters
Gara es and Sheds
Private Recreation Facilities
Signs
Conditional Home Occupations
Metal skinned Buildin s
Institutional Uses
Government Uses
Licensed Da Care wi 13 or more
Zero Lot Line
Manufactured home parks
Public Shelters
Gara es and Sheds
Private Recreation Facilities
Signs
Conditional Home Occupations
Metal skinned Buildin s
Institutional Uses
Government Uses
Licensed Da Care wl13 or more
Zero Lot Line
Manufactured home parks