7.8. SR 07-15-1996~,ty of
River
1'T]~ 7.8.
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Steven B. Ach, City Planner~~~_~
July 15, 1996
SUBJECT:
Variance Request by Darren and
Elizabeth Duffy, Public Hearing
Case No. V 96-6
Request
Darren and Elizabeth Duffy are requesting a variance to the minimum lot
size requirement in the R la (Single Family) zoning district.
Location
Northeast corner of Zebulon Street NW and 201st Avenue NW
Zoning/Land Use
R la (Single Family Residential) / LR (Low Density Residential)
Attachments
· Location map
· Zoning map
Survey of proposed subdivision
Overview
Mr. and Mrs. Duffy are proposing to subdivide their property into two
separate parcels. Currently, the property has a gross acreage of
approximately 5.4 acres of which .4 acres is dedicated to the existing fight of
way along Zebulon Street. As part of the administrative subdivision, an
additional 17 feet of fight of way will need to be granted to meet the County's
requirements of 50 feet half fight of way along county roads. In granting this
additional fight of way, Parcel A will fall slightly below the 2-1/2 acre
minimum lot size requirement.
The Planning Commission and City Council have recommended approval of
similar variances in the past; whereby additional right of way required as
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council/V96-6
July 15, 1996
Page 2
part of the subdivision has reduced the minimum lot size shghtly below the
City's requirements. This subdivision is similar to those that have been
approved in the past.
It should be noted a resident immediately east of the Duffy's has expressed
opposition to the variance and subdivision. Please refer to the attached letter
for specifics.
Planning Commission Recommendation
The Planning Commission reviewed the requested variance and has
recommended approval based on the five findings outhned in the staff report.
Recommendation
It is recommended the City Council approve the variance request by Darren
and Elizabeth Duffy to allow a lot to be created which is shghtly less than the
2-1/2 acre minimum required by City ordinance based on the following
findings:
The intent of the Rla minimum lot size requirement of 2-1/2 acres is
not diminished by granting the requested variance.
o
Literal apphcation of the lot size requirements would deprive the
applicant the opportunity for subdivision of the property.
If the additional 17 feet of right-of-way along Zebulon was not needed,
the minimum lot size could be achieved.
The variance of .2 acres is the minimum requested to meet the intent
of the ordinance.
°
The variance will not adversely affect the health, safety or welfare of
the community and will be in keeping with the City's past actions on
similar requests.
s:\council\v96-6.doc
Tech%r on En~ in. Inc. 612 425 413]'5 P. 132
Michael and Jeanni¢ Bodnar
14300 202nd Avenue
Elk River, MN 55330
06-25-96
Mr. Steve Ach
City Harmer
City of Elk River
Dear Mr. Ach:
This letter is from Michael and Jeannie Bodnar who live at 14300 202nd Avenue and whose
property directly borders thc Duffy residence (who live on Zebulon Street in Elk River). We are
writing in rcgards to the property variance requested by the Duffy's for subdividing their property
on Zebulon Street. The variance request is to be discussed at the City Ordinance Meeting at 7:00
P.M. on 06-25-96. We are not able to attend the meeting, so please consider this letter our
response to the variance request.
Wc wt;IC hl£~OilllUd that the Duffy's arc requesting a variance tt) ~ubdivid~ their p~Ul~ty t~o build
another single dwelling home. If this ia the ease, we object to this being done. We built our house
in a wooded lot that borders the Duffy residence because the area was fully developed. Therefore,
we could place our house in the portion of our property that would give us the most privacy
without thc concern of new houses chmlging the present conditions.
At the present time, we are separated from the Duffy residence by a large stand of trees. Because
our home is close to the Dui-fy property line, if they are allowed [o build another residence, the
conditions that led us to build where we did will be negatively impacted. The home will be built
extremely clo~e to the t'ront et our house. The result will be that the main benefit of building whm'e
we did will be destroyed. We paid extra money in building costs, driveway, utility hook-up, etc.
so that we could be back in the woods away from our neighbors. If this variance is granted, our
exu'a costs to have privacy will have been completely wa~ted.
As everyone else in Meadowvale Woods, we benefitted greatly by being able to buy a relatively
large tract of land for a reasonable price. The land price was reasonable because only one home
could be built on each parcel of land. We not only accepted these conditions, but that was
precisely the main reason why we bought the property.
In ~hort, it i, cxtrcrncly important to uo to keep tho area zoned a~ it wac ~,h~n ~t,e bought our
property. We hope you will deny the Duffy variance request and enforce the conditions that we
adhered to in building our home.
Please call me at (612) 425-4077 during the day with any questions.
Sincerely,
5.9.
MEMORANDUM
'ver
FROM:
Planning Commlssion
Steven B. Ach, City Planner.~.~
DATE:
June 25, 1996
SUBJECT:
Variance Request by Darren and
Elizabeth Duffy, Public Hearing
Case No. V 96-6
Request
Darren and Elizabeth Duffy are requesting a variance to the minimum lot
size requirement in the Rla (Single Family) zoning district.
Location
The northeast corner of Zebu]on Street NW and 201st Avenue NW.
Zoning/Land Use
Rla (Single Family Residential) / LR (Low Density Residential)
Attachments
· Location map
· Zoning map
· Survey of proposed subdivision
Overview
Mr. and Mrs. Duffy are proposing to subdivide approximately 5 acres of
property into two single family lots. Currently, the property extends to the
center]ine of Zebu]on Street, which includes 33 feet of roadway easement.
Zebu]on Street, or County Road No. 72, will need to have additional 17' of
right-of-way granted as part of the subdivision; therefore, reducing the lot
size of Parcel A to an area less than the 2-1/2 acre minimum lot size required
in the Rla zoning district.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to Planning Commission
June 25, 1996
Dimensional Requirements
Page 2
The proposed subdivision will create two lots, each meeting the minimum
frontage requirement of 160 feet. As mentioned above, one of the two lots
will satisfy the lot size standards while the westerly (Parcel A) lot will be .2
acres shy of the 2-1/2 acre minimum lot size. The existing home on Parcel A
will meet all setback requirements based on the new lot lines.
Analysis
In reviewing the application, staff believes the following fin din gs can be met
to justify the variance request:
The intent of the Rla minimum lot size requirement of 2-1/2 acres is
not diminished by granting the requested variance.
Literal apphcation of the lot size requirements would deprive the
applicant the opportunity for subdivision of the property.
If the additional 17 feet of right-of-way along Zebulon was not needed,
the minimum lot size could be achieved.
The variance of .2 acres is the minimum requested to meet the intent
of the ordinance.
The variance will not adversely affect the health, safety or welfare of
the community and will be in keeping with the City's past actions on
similar requests.
Recommendation
It is recommended the Planning Commission recommend approval of the .2
acre variance request by Darren and Elizabeth Duffy based on the t~inc]ings
outlined in the staff report.
s:\plauui,~ g\pc\v96-6.doc
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LOCATION
City of
13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
LOCATION
MAP
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201 ST
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195TH
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City of
ZONING
MAP
13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
CASE:
PARK
V96-6
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237.01
.... 500.02
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N89o31,45" E ....
230.01
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230.00
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230.01
201 ST AVE. NW
Existing Legal:
The South 475.00 £ect of'the W~st 500.00 Feet o£th¢ Southwest Quarter of the Northwest
Quarter of Section 19, Township 33, Range 26, Sherbume County, Minnesota.
Subject to the fight of way of County Road No. 72 ~long the west side thereof.
cked with opproved buildings/
Propozed les~d description:
of the