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The subject parcel is zoned R-1, Single-Family Residential within the Shoreland District overlay. The <br />property is surrounded by properties with the same zoning. The applicant has indicated that <br />construction of a new single-family residential structure will occur on both parcels. The intended use <br />of the property complies with this district. The applicant has no definite/confirmed plans for the two <br />new lots. However, it would be staff’s recommendation that approval of the lot split would be subject <br />to any future plans for these lots to be in compliance with R-1 standards for setback requirements at the <br />time of construction. Below are the code requirements for setbacks within the R-1 District: <br />Setback Requirement <br />Front Yard Not less than 30 feet <br />Side Yard 7 ½ feet <br />Rear Yard Not less than 30 feet <br />City code defines Lot Frontage as “the front of a lot shall be, for purposes of complying with this <br />Ordinance, that boundary abutting a public right-of-way having the least width”. Therefore, as <br />presented the front yard for both of the newly created lots would be Labore Road. The rear yard for <br />both is Keller Parkway. <br />Site Plan Analysis <br />It is necessary to preface to the Commission that city staff has reviewed with Mr. Yargici a multitude <br />of concept plans over the past year. The former City Engineer, Lee Elfering, has walked the property <br />on a number of occasions with Mr. Yargici to discuss feasibility. The concept plans that have been <br />considered ranged from a Subdivision to create six or seven lots to then several revisions of a Simple <br />Subdivision where they’d be seeking three lots or less. In staff’s review of the site it is our <br />determination that the site is conducive to subdividing. The overall lot width and lot area have the <br />potential to create an additional lot or lots. The consideration that needs to be given in your review of <br />this application is will this variance request alter the essential character of the area and is the proposal <br />within the intent of the ordinance. That consideration should create the highest and best use of the site <br />within a reasonable manner being cognizant of the existing grades and proximity to Lake Gervais. <br />As mentioned above, the lot at 675 Keller Parkway as it exists today was the result of a lot <br />combination that occurred in 2006. This property was formerly two lots – 640 Labore Road and 675 <br />Keller Parkway. The owner at the time, Patricia O’Neill, owned both parcels. Her reason for <br />combining the lots was to allow for construction of a sports court on the property at 640 Labore Road. <br />The house and garage formerly on the site were demolished. In 2006, the property at 640 Labore Road <br />was considered a legal non-conforming lot of record due to the fact it only had 34.80 feet of street <br />frontage. The city code at that time also required 75 feet. As part of the City Council resolution for <br />the lot combination a condition was included that stated “any future request for the resubdivision of <br />this property will require that access for the new lot come from Keller Parkway and that the Labore <br />Road access cannot be reestablished”. Mr. Yargici is forthcoming that he was aware of this condition <br />when he purchased the property. That condition is another indicator that there is an understanding that <br />this lot has the potential to be subdivided. <br />The site plan submitted by Mr. Yargici is a concept plan rather than the final certificate of survey that <br />will be required for submission to Ramsey County. In fact, per discussions with Mr. Yargici these lots <br />will have lake access equal to the lot frontage along Keller Parkway which is not reflect on the site <br />plans submitted. However, the applicant did want to proceed with review as submitted.