7.9. SR 07-15-1996~ty of
7.9.
iver
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Steven B. Ach, City Planner~~
July 15, 1996
Administrative Subdivision Request
by Darren and Elizabeth Duffy, Public
Hearing Case No. AS 96-2
Request
Darren and Elizabeth Duffy are requesting an administrative subdivision to
subdivide 5 acres into 2 separate residential parcels.
Location
The northeast corner of 201st Avenue and Zebulon Street NW.
Zoning/Land Use
R la (Single Family Residential)/LR (Low Density Residential)
Attachments
Location map
Zoning map
Survey of subdivision
Overview
The Duffys are proposing to subdivide their property into two separate single
family lots. The parcel currently has an existing single family home along
with a detached garage and a smaller accessory building to the east of the
house. The residence has its driveway access onto Zebulon Street (County
Road No. 72) approximately 220 feet north of the intersection of Zebulon and
201st. The single family home is also oriented toward Zebulon Street and
positioned in the central part of what is proposed to be parcel A. The existing
structure along with accessory buildings meets all of the city setback
requirements as set forth in the Rla zoning district.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Road Right of Way
As mentioned above, the property is currently 5.4 acres in size, however,
four-tenths of an acre is attributed to Zebulon Street right of way. As part of
the administrative subdivision, the County is requesting an additional 17
feet be granted to achieve the standard 50 feet of half right of way along
county roads. The additional 17 feet reduces Parcel A's area slightly below
the 2-1/2 acre minimum lot size. Therefore, a variance request was necessary
along with the administrative subdivision.
Concern from Neighbor to the East
A letter from Michael and Jeannie Bodner, who reside on the property
immediately to the east of the Duffys, have provided a letter stating their
opposition to the requested variance and subdivision. The Bodner's are
generally concerned that the subdivision and construction of a new home will
be in close proximity to their existing house and impact the qualities of the
area for which their purchased and constructed their house. Attached is the
letter from Michael and Jeannie Bodner.
Park and Recreation Commission Recommendation
The Park and Recreation Commission has recommended park dedication
requirements be satisfied with the payment of cash for the one new lot that is
being created.
Recommendation
It is recommended that the City Council approve the request by Darren and
Elizabeth Duffy for an administrative subdivision to divide 5.4 acres into two
parcels with the following conditions:
A grant of easement document be prepared and executed granting an
additional 17 feet of right of way along Zebulon Street.
ge
Payment of park dedication in the amount of $550 for the new lot
being created be paid prior to recording the administrative
subdivision.
o
Payment of surface water management fee in the amount of $61.80 for
the new residential lot being created.
4. The variance to the minimum lot size be approved for Parcel A.
s:\councfl\as96-2.doc
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El " River
13~5 Or°n° e~kway ' e'O' B°x 490Elk ~ver, ~ 55330 CASE:~ ~
Michael aad Jeannie Bodnar
14300 202nd Avenue
Elk River, M2q 55330
06-25-96
Mr. Steve Ach
City Planner
City of Elk River
Dear Mr. Ach:
This letter is from Michael and Jeannie Bodnar who live at 14300 202nd Avenue and whose
property dh'ex:fly borders the Dully residence (who live on Zebulon Street in Elk River). We are
writing in regards 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 wc~c itfl'vlme~l that thc Duffy's arc reclue~ting a vari~acc to ~ubdivid~ thc. ir ~,t~,l~t ty to build
another single dwelling home. If this is the ca~e, 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
witht~ut thc collcetn of i~¢w houscs changing thc present condition~.
At the present time, we are separated from the Dully residence by a large stand of trees. Because
our home is close to the Dui'try property line. if they are allowed to build another residence, the
conditions that led us to build where we did will be negatively impacted. The home will be built
cxtrcmcly cio,ne to the I'ront et our house. The result will be that the main benefit of building whexc
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
extra costs to have privacy will have been completely wasted.
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 ~lao~, it ia extremely important to uo to l¢~p tho area zoned a~ it ~x,ae ~t, hen x~,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,
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Existing Lcga]:
The South 475.00 feet of the West 500.00 feet of the Southwest Quarter of the Northwest
Quarter of Suction 19, Township 33, Range 26, Sherburne County, Minnesota.
Subjee?.to....the right of way of County Road No. 72 along the west side thereof.