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7.4. 7.5. SR 09-18-1995., ~ 1~ ITEMS 7.4. ~ °. ( ~ 7.5. 'ty of ~ MEMORANDUM lk ~ TO: Mayor & City Council River FROM: Gary Schmitz, Planning Assistant DATE: September 18, 1995 SUBJECT: Administrative Subdivision Request and Variance Request by Dennis Booth, Public Hearing Case No. AS 95-07 and V 95-07 Request Consider an administrative subdivision by Dennis Booth dividing a 20 acre parcel into two 10 acre parcels and a request fora .25 acre variance for Parcel C and a .25 acre variance for Parcel D to the minimum lot size of 10 acres for the A-l, Agricultural Conservation District. • Location North side of 213th Avenue, west of the Jarvis Street intersection. Zoning/Land Use A-1, Agricultural Conservation A, Agricultural Attachments Variance report to the Planning Commission dated August 22, 1995 Overview Dennis Booth is requesting an administrative subdivision to divide a 20 acre parcel into two lots. The property is currently zoned A-1 which requires a minimum 10 acre lot size and 300 feet of frontage. As shown on the attached site plan, the gross acreage of both parcels are 10 acres in size, however, a portion of the 10 acres is within the right-of--way of 213th Avenue. According to the zoning ordinance, when calculating minimum lot area, right-of-way is not included. The actual lot area of each parcel falls short by .25 acres. Each • lot does exceed the minimum width requirement of 300 feet. The attached 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 • report to the Planning Commission explains the variance request in detail. Assuming the variance is approved by the City Council, the proposed administrative subdivision will consist of a 20 acre parcel split into two 10 acre parcels. Due to the road easement, each lot falls short of the 10 acre minimum lot size. Each parcel will be 9.75 acres in size. The proposed administrative subdivision meets all the zoning ordinance requirements except for the minimum lot size. Natural Features The subject property is relatively flat with very few trees located on site. In fact the area has been used as tillable farmland throughout the years. There is one long, narrow wetland which bisects Parcel C and Parcel D. The wetland area is narrow and the applicant should be able to construct a driveway and fill. less than 400 square feet of wetland area. Therefore, their proposed filling project would be exempt from the Wetland Conservation Act. Soil Boring's In an effort to determine the suitability of a septic system on the particular lot, a soil boring has been conducted which has determined that a mound septic system will be required for the lot, however, the site can support a • septic system. Park and Recreation Commission Recommendation The Park and Recreation Commission recommended a cash payment in the amount of $500 be paid prior to recording the administrative subdivision. Planning Commission Recommendation The Planning Commission recommended approval fora .25 acre variance per parcel to the minimum 10 acre lot size with the findings stated in the staff report. The Planning Commission also requested staff to research the need to require a variance on this type of issue where a portion of the lot area is in the road right-of--way. If possible, an ordinance amendment will be prepared to elliviate the need for a variance in this type of situation. Recommendation It is recommended the City Council approve the requested variance to the minimum lot size requirement in the A-1 zoning district by Dennis Booth based on the following findings: • • 1. The intent of the minimum lot standards set forth in the A-1 Zoning District is to allow large 10 acre subdivisions with a density of 4 units per 40 acres. 2. Literal enforcement of the lot area requirements in this particular case would go beyond the intent of the ordinance. Literal application of the ordinance would deprive the applicant full use of the property. 3. The variance will have no impact or adversely affect the health, safety or welfare of the community and will be keeping with the spirit and intent of the ordinance. It is recommended the City Council approve the administrative subdivision request by Dennis Booth to divide a 20 acre parcel into two 10 acre parcels with the following conditions: 1. Park dedication in the amount of $500 be paid prior to recording the administrative subdivision. 2. A surface water management impact fee in the amount of $61.80 be paid prior to the recording the administrative subdivision. • council:asv95-7 ~~ ' ,.~r ~~ ~~ y:%of~i lk • Rover TO: FROM: DATE: ITEM 5.4. MEMORANDUM Planning Commission Gary Schmitz, Planning Assistant C~ August 22, 1995 SUBJECT: Variance Request by Dennis Booth, Public Hearing Case No. V 95-7 Request Consider a .25 acre lot area variance request by Dennis Booth to the minimum lot size of 10 acres for the A-1 (Agricultural Conservation) zoning district. Location North side of 213th Avenue, west of the Jarvis Street intersection. Zoning/Land Use A-1 (Agricultural Conservation) / A (Agricultural) Attachments • Location Map • Zoning Map • Site Plan Back~'round In addition to the variance request, Dennis Booth is requesting an administrative subdivision to divide a 20 acre parcel into two lots. The administrative subdivision will be reviewed by the City Council on September 18, 1995. The Planning Commission is required to review this variance proposal because the two lots do not meet the minimum lot area requirements of the A-1 zoning district. r~ 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to Planning Commission August 22, 1995 Page 2 Dimensional Regulations • The property is zoned A-1 which requires a minimum lot size of 10 acres and 300 feet of frontage. As shown on the attached site plan, the gross acreage of both parcels are 10 acres in size, however, a portion of the 10 acres is within the right-of--way of 213th Avenue. According to the zoning ordinance, when calculating minimum lot area, right-of--way is not included. The actual lot area of each parcel falls short by .25 acres per parcel. Both lots do exceed the minimum width of 300 feet. Analysis There were three similar variance requests just to the east of the subject site in 1994. All three variances were approved by the Planning Commission and City Council. The proposed variance lies within the A-1 zoning district which requires a minimum 10 acre lot size. The intent of the A-1 zoning district was to allow four units per 40 acres. The proposed administrative subdivision would be consistent with the 4 per 40 rule. The lot size would also be consistent with other lots in the immediate area, therefore, the variance would not be detrimental to the surrounding property values and would be keeping with the spirit and intent of the ordinance. Recommendation Staff recommends approval of .25 acre lot area variance by Dennis Booth based on the following findings: 1. The intent of the minimum lot standards set forth in the A-1 Zoning District is to allow large 10 acre subdivisions with a density of 4 units per 40 acres. 2. Literal enforcement of the lot area requirements in this particular case would go beyond the intent of the ordinance. Literal application of the ordinance would deprive the applicant full use of the property. 3. The variance will have no impact or adversely affect the health, safety or welfare of the community and will be keeping with the spirit and intent of the ordinance. •' s:planning:pc: Vv95-7 _~ 2t8T~+ AyEt~UE i a ~ 219TH ~ - r 218TH ~ocaTioN 217TH ~, 216TH a , a - 215TH 214TH T >' 213TH 212TH EAGLE WcE 211TH Z 2 ~> O u Z 210TH w --~ 209TH 208TH LOCATION MAP ~ .~ +~ ,~ .~~~.- c~ry or ~' ~a_ ~ CASE NO. V 95-7 0 _306 Oro..,, .... ;-z•~~~ • --` --~.~~. uti .: _ _ ,_ A A . -' ^, /~ s.:.:~ : i . , . ' ~ 218TH AYENI+E I q ~. :::: Al ..~:..: 3 ..:::.. ... . ................. ..~ ~ 1 NTY R N 1 :':. :..: T R • ' , .... ... ° :~ ::: ~:: av ..... . _ _ _ -._ _... _. -- r..-. ... .. ... ..... . ,, ~.. -•• TY R AD N0. 33 ~ • • • "~ -- ~.. ___...._. _. A N ~„ i -- ZGNING ~1VIAP ~ Fbodpdn ®SYgN Frngp RMId~n1Y1 ®s~» Fanly n..waru.i ® stiw. Fatty n.rearw ® sa. FatnYy n..btlw ® srtp. 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