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9.1. & 9.2. SR 08-21-1995~~r ~~ ~~ ITEMS 9.1. ~ 9.2. ity of ~ MEMORANDUM lk ~ TO: Mayor & City Council Rover FROM: Gary Schmitz, Planning Assistant DATE: August 21, 1995 SUBJECT: Variance and Administrative Subdivision Request by Daniel Hanson, Public Hearing Case Nos. V 95-06 & AS 95-d6 Request To consider a request by Daniel Hanson for a variance to the minimum lot area and width requirements in the R1C zoning district and an administrative subdivision of Lot 10 and 11, Block 9, Westwood Subdivision back to its original description. Location • Lot 10 & 11, Block 9, Westwood Subdivision, Elk River, Minnesota 18857 Albany Street NW Zoning/Land Use R1C(Single Family Residential) MR(Medium Density Residential) Attachments • Memo from City Engineer dated August 15, 1995 • Memo to the Planning Commission dated July 25~r1995. Administrative Subdivision Daniel Hanson is proposing an administrative subdivision of Lot 10 & 11, Block 9, Westwood Subdivision back to its original description. 'In 1992, the City of Elk River extended city sewer and water to the Westwood Subdivision. When city services were extended to the Westwood Subdivision, Lot 10 & 11, Block 9, were assessed based on the frontage requirements of the parcel. Lot 10 & 11, Block 9, are each 75 feet in width, therefore, the • applicant was assessed for 150 feet of frontage along Albany Street. The 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Hanson Request Page 2 August 21, 1995 ------------------------ • applicant would like to subdivide the parcel in order to help pay for the assessments. Each parcel would measure 75 feet by 120 feet which is just shy of the city's minimum requirements of 10,000 square feet in size and 80 feet of frontage in the R1C zoning district. Only the City Council reviews the administrative subdivision requests, however, the Planning Commission did act on the associated variance. Mr. Hanson currently-lives in an existing home on Lot 10. The existing home does meet a 10 foot side yard setback from the newly created side lot line. Last year the City of Elk River approved a similar request by Roger Tarnowski to subdivide an existing parcel into two lots of identical size to what the applicant is currently proposing. The City of Elk River approved Mr. Tarnowski's request. Park Dedication With the creation of a new parcel, park dedication will be required. A cash payment of $500 will be a condition of approval. There was discussion by the City Council when Mr. Tarnowski went through the administrative subdivision procedure concerning park dedication fees. The City Council recommended that the applicant be required to pay a $500 park dedication fee for the new lot prior to recording the administrative subdivision. • Lot Area and Width Variance The Westwood Subdivision was platted in the early 1950's. The majority of the lots measure 75 feet wide by 120 to 140 feet in depth. Both Lot 10 and 11 measure 75 feet by 120 feet; 9,000 square feet in size. As mentioned earlier, the minimum lot size in the R1C zoning district is 10,000 square feet with 80 feet of frontage. Therefore, the proposed parcels will be slightly under the city's minimum area and width parameters. Allowing the variance to the minimum lot area and width requirements would remain consistent and not be out of character with this development in the Westwood Subdivision. Several homes are already constructed on 75 foot by 120 foot lots. Also, the applicant can show hardship due to the fact that he was assessed by the city for 150 feet of frontage when city sewer and water was extended to the subdivision. Planning Commission Meeting At the July 25, 1995, Planning Commission meeting, the Commission concurred with staff's findings and recommended approval of the variance request. • s:council:asv95-6 Hanson Request August 21, 1995 • Recommendation Page 3 Staff recommends approval of the lot area and width variance for Daniel Hanson based on the following findings: 1. Several of the parcels in the Westwood Subdivision are 75' x 120'; therefore, this request would be consistent with this subdivision and not be out of character with the surrounding area. 2. The applicant can show hardship in the fact that this parcel was assessed as two lots by the City when city sewer and water was extended past the property. 3. The variance would not be injurious or adversely affect the health, safety or welfare of the residents or neighbors and is in keeping with the spirit and intent of the ordinance. Staff also recommends approval of the administrative subdivision request by Daniel Hanson to divide Lots 10 and 11, Block 9, Westwood Subdivision into two separate parcels with the following condition: • 1. Payment of park dedication fees in the amount of $500 be paid to city prior to recording. 2. Payment of a surface water management impact fee of $61.80 be paid to the city prior to recording. 3. Grant a 5' drainage and utility easement along side and rear property lines, and a 10' drainage and utility easement along the front property line. • s:council:asv95-6 MS. CONSULTfNG ENGINEERS August 15, 1995 File: 230-284-11 1326 Energy Park Drive St. Paul, MN 55108 612-644-4389 1.800-888-2923 Mr. Steve Ach Fax: 612.644-9446 City Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: WESTWOOD SUBDIVISION PROPOSED LOT SPLIT Dear Mr. Ach: As you requested, I have reviewed the proposed split of Lots 10 and 11, Block 9, CIVIL ENGINEERING Westwood Subdivision. Essentially, this proposal is to split two lots that were previously ENVIRONMENTAL put together. It will create two lots similar in size to other lots within the Westwood MUNICIPAL Subdivision. A few years ago, when sewer, water, and streets were put into this ~NNING subdivision, the assessments were on a front foot basis. Therefore, Lots 10 and 11 were SOLID WASTE STRUCTURAL assessed for their total front footage, which is twice as much as smaller adjoining lots. SURVEYING They also had an extra set of services installed to Lot 10 in anticipation of potentially TRAFFIC splitting it in the future. The house is situated entirely on Lot 11. TRANSPORTATION I see no reason, from an engineering standpoint, to withhold approval of this proposed lot ELECTRICAL/MECHANICAL split. If you have any questions or would like further information, please call. ENGINEERING: HVAC Sincerely, POWER DISTRIBUTION scADa MSA, CONSULTING ENGINEERS SYSTEM CONTROLS Terry .Maurer, P.E. TJM:tw 284-1517.aug OFFICES IN: MINNEAPOLIS PRIOR LAKE ST. PAUL WASECA ~ ~ `~ ( amity of ~lk~ • R~ ITEM N0. 5.1. ~ T ®~ MEMORANDUM !' l,. TO: Planning Commission FROM: Gary Schmitz, Planning Assistant ~~~~~ DATE: July 25, 1995 SUBJECT: Variance Request by Daniel Hanson, Public Hearing Case No. V 95-6 Request To consider a request by Daniel Hanson for a variance to the minimum lot area and lot width requirements in the R-lc zoning district. Location 1 Lot 10 and 11, Block 9, Westwood Subdivision, Elk River, MN, 18857 Albany . Street NW. Zoning/Land Use Rlc (Single Family Residential) / MR (Medium Density Residential) Attachments. ~~ • Location Map k Zoning Map • Site Plan Background Daniel Hanson is proposing an administrative subdivision of Lots 10 and 11, Block 9, Westwood Subdivision. In 1992, the City of Elk River extended city sewer and water to the Westwood Subdivision. When the City of Elk River extended city services to the Westwood Subdivision, Lots 10 and 11, Block 9 were combined into one parcel and the property was assessed based on the number of buildable parcels. Mr. Hanson was assessed for two buildable parcels even though there was only one legal parcel of record because the • 1306 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to Planning Commission Page 2 July 25, 1995 City felt that this lot could be subdivided at a later date. The applicant would like to subdivide the parcel in order to help pay for the assessments. An administrative subdivision is required to subdivide the property back to its original description. A variance is required because the original parcels do not meet the minimum requirements of 10,000 square feet in size and 80 feet of frontage in the Rlc zoning district. Only the City Council must review the administrative subdivision request, however, the Planning Commission is required to act on the associated variance. Lot Area and Width Variance The Westwood Subdivision was platted in the early 1950's and the majority of the lots measure 75' wide by 120' - 140' in depth. Both Lot 10 and 11 measure 75' x 120' (9,000 sq. ft.) in size. As mentioned earlier, the minimum size in this zoning district is 10,000 square feet with 80' of frontage. Therefore, the proposed parcels will be slightly under this City's minimum lot area and width parameters. Allowing the variance to the minimum lot area and width requirements would remain consistent and not be out of character with this development in the Westwood Subdivision. Several homes are already constructed on 75' x 120' lots. Also, the applicant can show a hardship due to the fact that he was ~~ assessed by the City for two separate parcels when city sewer and water was extended to this subdivision. Recommendation Staff recommends approval of the lot area and width variance for Daniel Hanson based on the following findings: 1. Several of the parcels in the Westwood Subdivision are 75' x 120'; therefore, this request would be consistent with this subdivision and not be out of character with the surrounding area. 2. The applicant can show hardship in the fact that this parcel was assessed as two lots by the City when city sewer and water was extended past the property. 3. The variance would not be injurious or adversely affect the health, safety or welfare of the residents or neighbors and is in keeping with the spirit and intent of the ordinance. • s:planning:pc:v95-6 ~~ ~~ ~_ ~~. LOCATION MAP I ~~ Cary. of ,~! ~a_ ~~~%~~- ~~~ ~ V 95-6 ~, ... _ It '_ __. ___ 9 ~~ ~^, R1c IOUi1.OT A Ci TY PARK I s u ~x .. ~_" I ~_" OUilOT A )1 TI ~ ~i _ .. ~ i ' i .'-__ __...__ .. _.. i . ~ 4 ~ ~ L 1EADOWVALE ' ~~ ~ R ,a~~ .,emu„~ I •~~.. I ----- I ' ~ ROAO N0. t pyME ~ ~ 11 ~ ~_~ N ~2 ~ II s (Z1AL c6COND '~~; LET ~ _ _ ~~ _ e moo', I • ~~ :, G ~ P~Rk t Y .`~ `. e t 1 y '~ t0 waor • wcE.•. 'CA30N0 . g ~ oy ... ........... .... •• ~~ .i - t . ...................... ......~... z • ... .. .. .. .... ... .. _ _ _ . . ~.. ... ~xr_~1~ . ............... ~~ .. ~~• % ' .... u ~ .~.~~... •//' ~ ~ PARK .:.~: ': .:.~.. ... - ,e ........ pTY '::: . ~ .:: ~ ..•. ZONING MAP ~ ~~ ~,~ v 9~-s 12 oT~ ~~~pfT~K l: f~ . n _:~ ~,o~~ II -~. l ~~ City ar ~' ~~ .~.~ ~~-- SITE MAP Ciry ai ~~~ ~~v'o ;sue V 95-6 ~.