02-14-2002 Planning Comm. Agenda

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Street Vacations. While the subject property exceeds the minimum area requirement of the R-1 District, a limited amount of "buildable" land exists on the site. To increase the amount of buildable land upon the subject property (for home construction), the applicant is proposing to vacate portions of the two streets which abut the property (and add the former right-of way to the subject site). Specifically, the applicant is proposing to vacate a portion of Savage Lane west of the subject site and 10 feet of the Rose Place right-of-way south of the subject site. While the acceptability of the proposed street vacations is not subject to Planning Commission action, it is obviously a key component of the subject request and is therefore worthy of some discussion. The proposed Savage Lane right-of-way appears to be excess and its vacation would result in a consistent right-of-way width north of Rose Place. The requested vacation is also not expected to negatively impact future roadway improvement plans in the area. For these reasons, we are in support of the vacation request. It believed however, that the Savage Lane right-of-way is presently under State (MnDot) jurisdiction. Therefore, in order for the vacation to occur, MnDot would first need to turn the area to be vacated over to the City. With an existing width of 60 feet, Rose Place exceeds the minimum 50 foot width requirement for a local street. While the proposed reduction of the Rose Place right-of- way from 60 to 50 feet appears acceptable, question exists as to whether the 10 foot reduction ought to occur on the north side of the roadway centerline (as requested) or split north and south of the centerline. Regardless of how the excess right-of-way is dispersed, no changes in building separations would result. A determination of the most appropriate dispersal of the excess right-of-way is considered a policy matter to be determined by the City Council. Setback Variance. As previously indicated, the applicant has requested a variance from the 30 foot front yard setback requirement (along Rose Place). To be noted is that the degree of variance (a 10 foot setback verses a 20 setback) depends upon whether or not the City approves the requested vacation. The zoning ordinance states that special conditions and circumstances which are peculiar to the land, structure, or building must be demonstrated in order to grant a variance. Special conditions may include exceptional topographic or water conditions, or in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2