6.1. - 6.3. SR 09-16-1996-'ity of
iver
IT~ 6.1., 6.2. & 6.3.
MEMORANDUM
FROM:
DATE:
Mayor and City Council
Scott Harlicker, Planning Assistant~
September 16, 1996
SUBJECT:
Matt Smith Request for Administrative
Subdivision, Variance and Conditional
Use Permit, Public Hearing Case No.'s
AS 96-3, V 96-10, and CU 96-20
Request
Matt Smith is requesting an administrative subdivision to subdivide a parcel
into 2 lots, a variance request to allow an undersize lot and a conditional use
permit for a zero lot line development.
Location
The property is located north of Railroad Drive between Freeport and Evans
Street alignments, Lot 1, Block 18, Village of Elk River, PID # 75-405-1801
Zoning/Land Use
R3 (Townhouse/Multi-family Residential) / MR (Medium Density Residential)
Attachments
Location map
Zoning map
· Survey of proposed subdivision
o Report to Planning Commission dated August 27, 1996
Overview
In June 1996 the applicant was issued a permit to begin construction of a
twin home on the subject property. After commencing construction they
decided it would be better if each of the units were situated on their own lot.
The applicant then applied for an administrative subdivision and a
conditional use permit for a zero lot line development. During the
preliminary review of the request for the conditional use permit, it was
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/AS 96-10
September 16, 1996
Page 2
determined that a variance to lot size was required because parcel i is 5903
square feet in size and the minimum lot size in the R3 zone is 6000 square
feet.
Variance
The applicant is requesting a variance to allow a 5903 square foot lot in the
R3 zoning district which has a minimum lot size of 6000 square feet.
Because of the placement of the twin home on the property, it is not possible
to subdivide the property into two lots that comply with the minimum lot size
requirement unless there is an odd jog in the lot line between the two
proposed lots. It should also be noted that the parent parcel is triangular and
because of its shape there is only one location to build the twin home and still
meet the setback requirements. The total square feet is adequate for 2 lots;
however, the subdivision creates one parcel that is slightly less than the
ordinance requires. The location of the twin home will result in parcel 1
having a lot size of 5903 square feet, 97 square feet less than what is
required, and parcel 2 having a lot size of 7117 square feet.
-Planning Commission Meeting
At the Planning Commission meeting held on August 27, 1996, no one spoke
at the pubhc hearing. Please refer to the Planning commission report for
additional information.
Recommendation
The Planning Commission and staff recommend the granting of this variance
to allow a 5903 square foot lot in the R3 zone, which has a minimum lot size
of 6000 square feet, based on the following findings.
The hteral enforcement of the Ordinance will cause undue hardship
for the apphcant since there is no other location for the proposed
property hne and an odd jog in the proposed property hne will deprive
the owner of parcel 2 a usable back yard.
o
There are special conditions, the shape of the parent lot, which is
peculiar to this property and the total square feet is adequate for 2 lots
but because of the location of the twin home, parcel one is undersized.
Literal apphcation of the Ordinance will deprive the apphcant of
property rights enjoyed by other properties in the neighborhood.
Owners of similarly sized lots in this neighborhood would be able to do
what the apphcant is proposing.
s:\planning\scott\as96-3cc.doc
Memo to the Mayor and City Council/AS 96-10
September 16, 1996
Page 3
There are special circumstances or conditions that are not a
consequence of the applicant's action. The shape of the original parcel
is beyond the applicant's control.
The granting of this variance will not be injurious to or adversely
affect the health, safety or welfare of the residents. The granting of a
variance for relief of 97 square feet would not be injurious to the
residents.
Administrative Subdivision
-Lot size
The proposed subdivision will spht the property into 2 parcels with the
property hne corresponding with the common wall between the 2 dwellings.
Parcel one will be 5903 square feet in size and parcel 2 will be 7117 square
feet. With the exception of the lot size of parcel 1, the proposed lots comply
with the dimensional and setback requirements for the R3 zone.
-Access and Parking
The lots will be serviced a shared driveway. The property hne will split the
driveway so that each parcel will have half of the driveway. Two parking
spaces are required for each dwelling and the driveway is large enough to
provide them. There is also a two car garage included with each dwelling.
-Park and Recreation Commission Recommendation
The Park and Recreation Commission recommended a cash dedication for the
new lot that is being created in the amount of $550.
Recommendation
It is recommended that the City Council approve the request for an
administrative subdivision with the following conditions:
Payment of park dedication fee in the amount of $550 to be paid prior
recording the administrative subdivision.
2. Payment of surface water management fee in the amount of $123.60
to be paid prior to recording the administrative subdivision.
Five foot wide utility easements be granted along each property l/ne
and 10 feet along the right-of-way for Railroad Drive.
s :\planning\scott\as96 -3cc.doc
Memo to the Mayor and City Council/AS 96-10
September 16, 1996
Page 4
Conditional Use Permit
The conditional use permit is required because the dwellings share a common
wall which rests directly on the lot hne. The site plan is typical of many
duplexes in the city with a wide common driveway that can accommodate the
required 2 parking spaces per house. The site plan meets the setback
requirements of the R3 zone and the houses will be serviced by municipal
water and sewer with individual services to each home.
-Planning Commission Meeting
At the Planning Commission meeting held on August 27, 1996, no one spoke
at the pubhc hearing. Please refer to the Planning commission report for
additional information.
Recommendation
The Planning Commission and staff recommend the City Council approve the
conditional use permit for zero lot hne development with the following
conditions:
An administrative subdivision approval to subdivide the property into
two parcels is recorded with Sherburne County prior to the issuance of
the conditional use permit.
2. Paved driveways and parking be provided and shown on the site plan.
3. Individual services be provided to each dwelling.
s:Xplannin gXscottXas96-3cc.doc
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MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Planning Commission
Scott Harlicker, Planning Assistant
August 27, 1996
Matt Smith Request for Conditional Use
Permit and Variance, Case No. CU 96-20
and V 96-10
Request
Matt Smith is requesting a conditional use permit for a zero lot line
development to allow a common wall and shared driveway for a twin home
and a variance request to allow an undersize lot.
Location
The property is located north of Railroad Drive between Freeport and Evans
Street alignments, Lot 1, Block 18 Village of Elk River, PID it 75-405-1801
Zoning/Land Use
R3 (Townhouse/Multi-Family Residential) / MR (Medium Density
Residential)
Attachments
* Location map
· Zoning map
· Site Plan
Background
In June 1996 the applicant was issued a permit to begin construction of a
twin home on the subject property. After commencing construction they
decided that it would be better if each of the units were situated on their own
lot. They then apphed for an administrative subdivision and a conditional use
permit for a zero lot line development. The City Council will be reviewing and
acting on the request for administrative subdivision on September 16, 1996.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Planning Commission/CU 96-20/V 96-10 Page 2
August 27, 1996
During the preliminary review of the request for the conditional use permit,
it was determined that a variance to lot size was required because parcel 1 is
5903 square feet in size and the minimum lot size in the R3 zone is 6000
square feet.
Existing Conditions
The twin home is currently under construction. The site is relatively fiat with
a grove of pine trees in the southeast corner of proposed parcel 2. The
property is bounded by Railroad Drive to the southwest, a single family home
to the north and single family homes to the east.
Variance
The applicant is requesting a variance to allow a 5903 square foot lot in the
R3 zoning district which has a minimum lot size of 6000 square feet.
Because of the placement of the twin home on the property, it is not possible
to subdivide the property into two lots that comply with the minimum lot size
requirement unless there is an odd jog in the lot line between the two
proposed lots.
The parent parcel is triangular and because of its shape there is only one
location to build the twin home and still meet the setback requirements.
Since the proposed property line will correspond with the common wall
between the two units, the placement of the property line is also limited. The
location of the twin home will result in parcel 1 having a lot size of 5903
square feet, 97 square feet less than what is required, and parcel 2 having a
lot size of 7117 square feet.
Staff refers the Planning Commission to section 900.40 of the Elk River Code
of Ordinances for the standards to consider when reviewing a variance.
Recommendation
It is staffs opinion that this request meets the five standards required to
grant a variance based on the following findings.
The literal enforcement of the Ordinance will cause undue hardship for
the applicant since there is no other location for the proposed property
line and an odd jog in the proposed property line will deprive the
owner of parcel 2 a usable back yard.
s:\planningXscottXcu96-20.doc
Memo to the Planning Commission/CU 96-20/V 96-10
August 27, 1996
2. There are special conditions, the shape of the parent lot, which is
peculiar to this property.
Page 3
o
Literal application of the Ordinance will deprive the applicant of
property rights enjoyed by other properties in the neighborhood.
Owners of similarly sized lets in this neighborhood would be able to do
what the applicant is proposing.
There are special circumstances or conditions that are not a
consequence of the applicant's action. The shape of the original parcel
is beyond the applicant's control.
The granting of this variance will not be injurious to or adversely
affect the health, safety or welfare of the residents. The granting of a
variance for relief of 97 square feet would not be injurious to the
residents.
Conditional Use Permit
Site plan
The site plan meets the lot coverage requirements and building and parking
setback requirements for the R3 zone. The conditional use permit for zero lot
line development is needed because the two units will share a common wall.
Parking and access
Parking and the driveways are not shown on the site plan. It appears from
the building elevations that the two units will have a shared driveway.
However, parking and access should be shown on the site plan. Two parking
spaces are required for each dwelling.
Landscaping
The property has existing vegetation that will be retained. Lot one has 2
trees; lot two has two trees and a grove of pine trees. Both lots are sodded
and the sod that is removed during construction will be replaced. No
additional landscaping is proposed at this time.
Elevations
The front entrances and garages will be under the main hving areas. The
exterior finish on the lower half of~ the dwellings will be brick and upper half
will be vertical siding.
s:\planning\scottXcu96-20.doc