5. HRSR 03-05-2007ITEhI # 5.
fiver
MEMORANDUM
TO: Housing & Redevelopment Authority
FROM: Catherine Mehelich, Director of Economic Development/~
DATE: March 5, 2007
SUBJECT: Consider Recommendation to City Council on Request by Dale/Ann
Beaudry for Rezoning from R2a to R2b
Attachment
• Planning Staff memo dated March 5, 2007
Background
The City has received an application from Dale Beaudry to rezone his property on Jackson Avenue.
The application, if approved, would rezone the property from R-2b to R-2a, and allow him to split
his property into two lots. The focus changes the required lot width for the subject parcel from 80
feet to 60 feet. The frontage of the Beaudry parcel is approximately 130 feet. Further analysis of the
rezoning issues may be found in the Planning staff memo dated March 5, 2007, attached.
Issue
The City must act on a completed application in no more than 120 days, unless an extension has
been granted by the applicant. Mr. Beaudry declined staff's suggestion to table his request pending
completion of the comprehensive Downtown Redevelopment Plan.
Mr. Beaudry desires to split his lot to build a single family home on the property. A variance could
be applied for, but it is difficult from a staff perspective to prove hardship, among the other criteria
to be considered in granting a variance.
It is Planning Staff's suggestion to consider amending the zoning ordinance for R-2a to reduce the
lot frontage to 60 feet. This suggestion is forwarded as an alternative to spot zoning or outright
denial. The Mayor has suggested that a pending planning study should not be basis for denial of
applications, unless a moratorium has been established.
Requested Action
The lot split and the addition of one single family home will not alter the character of the
neighborhood, and will not make redevelopment of the area noticeable more difficult, in the event
the land use plan prescribes a change from single family residence.
The Council has asked for HRA direction on the same
~j
City of
Elk .~
River
city of tIK River
REQUEST FOR HRA ACTION Item Number
Agenda Section Meeting Date Prepared by
March 5, 2007 Chris Leeseberg, Park Planner
Item Description Reviewed by
Request by Dale/Ann Beaudry for Rezoning from R2a to R2b,
Public Hearin -Case No. ZC 07-03
Location
518 Jackson Avenue
Introduction
The applicant is requesting the City Council consider an ordinance amendment that would reduce the lot
size for R2a lots.
Attachments
• Request for Action
• Location Map
• Applicant's Narrative
• Applicant's Extension Letter
• 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 for the area on the east side of Jackson from 5`'' street to School Street.
Housing and Redevelopment Authority Action Motion by Second by vote
Follow Up
Case File: 'LC 07-03
Page 2
Location: 518 Jackson Avenue
Zoning: R2(a) Land Use: OT -Old Town
Adjacent N - R2(a) Adjacent N - OT
Zoning: E - R1c Land Use: E - OT
S - R2(a) S - OT
W - PUD 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. 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.
Analysis
The applicant has submitted a zone change request that must have action by the City Council by
March 20, 2007.
The property is currently zoned R2(a) with a frontage requirement of 80-feet. The property is
approximately 130-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.
The only difference, other than the lot width, between the two zoning districts is that the R2b
district allows townhouses and multifamily dwellings (four units per structure maximum).
Rezoning the parcel to R2b raises issues regarding the practice of spot zoning, which is typically not
supported by staff or the Council and is inconsistent with the purpose of zoning.
There are 20 properties north of 5th 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. Seventeen of the properties are non-conforming lots with the
current lot dimension requirements. Staff believes a better alternative would be an ordinance
amendment reducing the lot width to 60-feet for the R2a district.
The request was brought before the City Council on February 20, 2007 for direction. The council
questioned if the request was premature, given the possibility of redevelopment in the area. The
council wanted feedback from the HRA in regards to the request.
S:\PLANNING\Case Files\2007\"ZC\ZC 07-03_Beaudry\ZC 07-03_HRA.doc
Case File: ZC 07-03
Page 3
Request
Staff and the applicant are looking for support for the ordinance amendment in lieu of denial or
spot zoning.
With this support, an ordinance amendment to the required lot width of the R2(a) zoning district
will be researched. This possibly would make most of the non-conforming lots in the city 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_HRA.doc
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J Location Map
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R1VeP Case Number: ZC 07-03 DALE BEAUDRY
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February 9, 2007
Jeremy Barnhart
Planning Manager
City of Elk River
13965 Orono Parkway
Elk River, MN 55330
Dear Mr. Barnhart,
After discussing my application to rezone property I own on Jackson Avenue, with City
Staff, I respectfully request the City Council consider an ordinance amendment that would
reduce the lot size for R-2a lots.
With this request being forwarded to the City Council, I would extend my Zone Change
application to March 20, 2007.
If you have any questions, please give me a call.
Sincerely,
~C
Dale Beaudry
518 Jackson Avenue
Elk River, MN 55330
763.633.1452
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R2-A ~_B
Lot Size 10,000 ~, t~U~~
Width 80-feet ~0-feet
ses Single Family
Two Famil
State-Licensed Residential
Model Homes
Public Parks
Permitted Home Occuoatio~
Single Family
_ Two Family
State-Licensed Residential
Model Homes
Public Parks
Permitted Home Occupation
Toivnl~ome (4 unit niaaj ';;
Garages and Sheds
Private Recreation Facilities
Metal skinned Buildings
Institutional Uses
Government Uses
Licensed Day Care w/13 or more
Zero Lot Line
Manufactured home parks
Garages and Sheds
Private Recreation Facilities
Conditional Home Occupations
Metal skinned Buildings
Institutional Uses
Government Uses
_Licensed Day Care w/13 ox more
Zero Lot Line
Manufactured home narks