12/12/2001 P&Z Packet - Laserfiche WebLink

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• • • Sanitary sewer and water, however, are not yet available along Marshan Lane. A feasibility study is currently being conducted to explore the viability of extending services down Marshan Lane, with results expected in January. Section 6, subd. 1.F of the City Code states "no R -1 subdivision creating a lot less than ten acres shall be permitted in this district without sanitary sewer and water." Thus, a Minor Subdivision prior to availability of utilities would not only continue the non - conformity of the original property, but would result in the creation of a second non - conforming property. Under City code, subdivision should occur only after utilities are available. The applicant, however, maintains that utilities can be provided to the proposed lot north of Marshan Lane via Town Center Drive, through the rear of the lot, and are not dependent upon utility availability down Marshan Lane. It is the position of staff, however, that a Minor Subdivision prior to the provision of utilities to both lots would result in an increase, or exacerbation, of the non - conformity of the original property, as the original property continues to decrease in size while still lacking utilities. In other words, the continuing decrease of property size actually increases its non - conformity. Section 3, Subd. 2.B.8 states that "a lawful non - conforming use may be changed only to a use that decreases its non - conformity." Lastly, the orderly delivery of utilities is a goal of the City. Utilities delivered to residences along Marshan Lane should be delivered in the same manner, at the same time, and thus should await the outcome of the feasibility study currently underway. OPTIONS 1. Deny the request for a Minor Subdivision. 2. Approve the request for a Minor Subdivision. 3. With written agreement from the applicant, Table the application until the Marshan Lane feasibility study is completed. RECOMMENDATION Option 3.