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4. BASR 05-08-2007.~ Elk River REQUEST FOR ACTION To Item Number Board of Ad'ustments 4. Agenda Section Meeting Date Prepared by Ma S, 2007 erem Barnhart Item Description Reviewed by Consider request for Kevin Anderson for lot size variance, Case No. V 07-03 Reviewed by Action Requested The Applicant is requesting approval of a variance request to permit the creation of a lot that does not meet the minimum size requirements established by the Zoning Ordinance, section 30-1006. Background/Discussion The Applicant is requesting a variance to permit the subdivision of his property Financial Impact None Attachments • Request for Action • Location Map Applicants Narrative • Site Plan Action Motion by Second by Vote Follow U p General I nforrt~ation A licant: Kevin Anderson Requested Action Variance from Sec 30-1006 to permit a lot size of .916 acres where 2.5 is re aired MN Statute 15.99 status Action must be taken on this request by May 26, 2007 Location and Size: Approximately 4.69 acres south of Hwy 10/169, west of Edison street in the south eastern portion of the community. . Location Existing Use Land Use Plan Designation Current Zoning Subject Property Single Family Res Rural Residential (RR) R-1a North Single Family Res RR R-1a South Single Family Res RR R-1a East Single Family Res RR R-1a West Single Family Res RR R-1a Overview The applicant desires to subdivide the property, creating two parcels from the existing 4.69 acre parcel. The northern parcel would be 39,936 square feet, or .91 acres. (199.68 x 200 feet). Access to the northern lot is proposed to be from Edison street, which provides the minimum street frontage for the property. There are no structures on the northern parcel. The southern parcel would be 163,038 square feet, or 3.74 acres (approximately 816.5 x 199.68). The existing house on this parcel will be retained, and the existing access onto the property from 154' Avenue will be retained. The property is served by on-site water and sanitation systems. The Comprehensive Plan does not anticipate the extension of urban services into the property. To date, staff has not received any comments for or against the proposed variance. Analysis The Zoning Ordinance requires a minimum of 2.5 acres for single family lots within this district. There is no way to subdivide the property of 4.69 acres into two 2.5 acre parcels without acquiring additional property. There are several purposes behind the establishment of a minimum lot size, including density goals, and in non services area, adequate space for wells and septic systems. Although a lot split application has not been received, one of the requirements for that process is to show where two septic fields could be located on each property. A portion of the property is also located within the Mississippi wild and scenic river district, which requires a minimum of 2.5 acre lots for non-riparian lots. The northern quarter of the property falls outside this district. Variance Criteria 7. Literal enforcement of the ordinance will cause undue hardship. The requirements for lot size are clearly defined, and not open to interpretation. The applicant has not demonstrated evidence of a hardship. 2. The hardship is caused by sbecial conditions and circumstances, which aro~eculiar to the bro~er~ and the structure involved and which are not characteristic o~ or at~~licable to, other lands or structure in the same area. The lot is a relatively flat, currently farmed parcel rectangular is shape. There is no uniqueness to the land warranting a variance from the lot size. 3. The .~ecial conditions and circumstances aro not a consequence of the petitioner's own action or inaction. It does not appear that the applicant creating the original 4.69 acre parcel; it does not appear that the applicant purchased the property with the intent to subdivide. 4. The literal at~blication o the~rovisions of this ordinance would debrive the t~etitioner of rights enzo~bv~ other l~ro~erties in the same district under the terms of this ordinance. The property owner is afforded rights enjoyed by other R-1a properties, namely the use of the land for single family residential use. There is no loss of rights by not allowing subdivision of property not meeting minimum lot size requirements. 5. The variance hill not be injurious to or adversely a~ect the health, sa~ety or welfare of the residents o~the city or the neighborhood where the ~ro~ert~ is located and will be in keeping with st~irit and intent of the ordinance. A variance would allow subdivision of lots not meeting minimum standards established by the zoning ordinance, and with the exception of the on site water and sanitation requirements, its negative impacts may be negligible, especially from a visual standpoint. The applicant contends that the character of the neighborhood has been established with the creation of one acre lots or smaller south and west of the subject property. These lots do range in size from 20,000 to 48,600 square feet, with the average 29,000 square feet. These lots were platted in 1974, as part of the township, before initiatives to protect the river and soils, and maintain a maximum density were developed. Summanr It appears that the standards for variance have not been satisfied. While the applicant could pursue the minimum variance, (one lot at 2.5 acres and the second lot at 2.19 acres) and this may increase on site septic and water options, the property is not unique and no hardship has been offered indicating support for a variance. Based on this analysis, Staff recommends the Board of Adjustment accept the following motion: Recommendation Move to deny the variance allowing the creation of a .916 acre lot in a 2.5 minimum lot size district. Res ectfully Sub ~tted Jeremy B art, AICP Plannin Manager ~ ~I ~~ , ~ ~ ~' i_i r ,. ____ -- --~ - - I ---__- -- c~tyor ~' Location Map I'~ El N ~`" Case Number: V 07-03 KEVIN/PATRICIA ANDERSON River March 25, 2007 Variance of Zoning Decision for: Kevin D. Anderson 9927 154' Ave. NW Elk River, MN 55330 1). I would like to have my son's family use 200 x 199.68 feet of my land to build a new home, since the cost of land is so expensive nowadays. 2). I have 4.69 acres and I built on the Southwest acre, thus I have the remaining acres sitting to the Northeast. If I were to have my son use the 200 x 199.68 feet at the other end of my land, I would still have as much land, if not more, as most others in my area. 3). I am trying to help out the family. 4). All of the other properties in the area are all 1 Acre or less lots along the river and having my son's family build on my land would not interfere with anyone's property. In addition, the 200 x 199.69 feet of land already has road access. 5). There are no homes within 250 feet. The homes that are in my neighborhood are on one acre of land or less except for the neighbors to the East, which I believe have 2.5 acres and just started a new business on that much land. Established. in 1982 LOT SURVEYS COMPANY INC INVOICE NO. 625 , . F.B.NO. 924- . LAND SURVEYORS SCALE: ~ ~~ = is REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA ~ Denotes Iron Monument 1 7801 73rd Avenue North (783)580-3093 ^ Denotes Wood Hub Set Faz No. 580-3522 for excavation only Minneapolis, Minnesota 55428 x000.0 Denotes Existing Elevatic ~uruPlJ~rs C~Prt~f trMtP D0. Denotes Proposed Elevat -T-- Denotes Surface Drainage NOTE: Proposed grades are sul 88e.a 199.88(MEAS.) 97o.s EB 873.3 to results of soil tests, _ Proposed building inform 887.2 871.2 Pp, must be checked with a ee9.4 ~~ EB building plan and develop "°'" 889 872.18 grading plan before excc . ~~ ~' ~ " and construction. ANDERSON I ` TO8'~ Proposed Top of Block 2" j Proposed Garage Floor Proposed Lowest Floor Type of Building 985.7 I NOTE :Garage dropped ~~~~ ~~M~~ r I 2.0 feet la?01Gc,~T r~1C10v~S 1888.2 vi d `~ a m 0 ., 1993.8 i _.. 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