11-12-2019 Council Packet - Laserfiche WebLink

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2 Owning an approximately 30,000 sq ft. lot in a zoning district that has a 20,000 sq ft. minimum lot size is not a unique circumstance. The need for a variance is created by the landowner’s desire to subdivide a conforming lot that is not large enough to create two lots. Is the variance in harmony with the purposes and intent of the ordinance? The purpose and intent of restricting minimum lot size is to limit the density of development occurring in shoreland areas. Increasing density can have wide ranging impacts. For example, impervious surface increases, resulting in an increased rate and amount of runoff and pollutants entering public waters. The variance requested does not seek minimal relief of the minimum lot size but is a substantial deviation that is not in harmony with the purposes and intent of the City’s Shoreland Ordinance. The proposed variance to allow a conforming lot to be subdivided into two non-conforming lots sets a precedent for all zoning districts of the City. Does the proposal put property to use in a reasonable manner? The purpose and intent of having a mimimum lot size is to control the density of development in shoreland areas .The property currently is being used in a reasonable manner. That is, a single family home that is located on a lot that is between the minimum lot size and a lot that is large enough to subdivide. When evaluated against the purpose and intent of the City’s Shoreland Ordinance the proposed subdivision does not use the property in a reasonable manner. Recommendation After reviewing the application, it appears that the variance request is being driven by the economic interests of the landowner. Legal standards require that variances may only be granted when the applicant establishes that there are “practical difficulties” in complying with the official control. The DNR recommends denial of the variance request to subdivide a lot that currently conforms to lot size requirements into two non-conforming lots. State rule requires that final decisions regarding variances be sent to the DNR within 10 days of the decision. The DNR monitors the circumstances and frequency under which local governments approve variances to shoreland ordinances and may take legal action in situations where variances that don’t meet the statutory criteria, and result in negative impacts to shoreland areas and adjacent public waters, are approved. Please notify me within 10 days of the planning commission and city council’s decisions, including the rationale or “findings of fact” and a summary of the public record and testimony. If you have any questions please call me at 651-259-5822.