11/12/1997 P&Z Minutes - Laserfiche WebLink

Home Search

• • • Planning & Zoning Board November 12, 1997 Page 3 Ms. Wyland stated that according to the City's Zoning Ordinance, Section 3, Subd. 3.B.2.b. "Within zoning districts with a minimum lot size requirement of ten (10) acres or more, up to eighty (80 %) percent of the minimum lot area may be comprised of areas which are platted as street rights -of -way, is below the 100 year flood elevation, or lies within city watercourses, wetlands or waterbodies as defined by this ordinance." The applicant would like to subdivide the property as follows: Tract A would contain 2 acres with 1.52 acres of upland. The plan is to sell this property to Incarnation Cemetery, which is currently just under one acre in size. If the Board should approve this request, the cemetery would be required to request a conditional use permit from the Planning and Zoning Board for expansion of the cemetery. Tract B is proposed to be 11 acres in size with 4.83 acres of upland. This parcel meets the 20% upland requirement, and contains the existing homestead. The applicant has been advised that splitting off one acre with the homestead to provide an additional building site would probably not be recommended in this case. Tract C is 45.76 acres, with 5.66 acres being upland. The majority of the upland is located on a heavily- wooded knoll northwesterly of the existing home, and would require access via a driveway easement just westerly of the existing homestead. Tracts B and C meet the minimum lot requirements for the Rural Zoning District; however, Tract C does not contain the 20% minimum upland. Tract A does not contain a minimum of 10 acres. Should the Planning and Zoning Board determine this minor subdivision to be justified, a variance pursuant to Section 3, Subd. 3.B.2.b. of the City's Zoning Ordinance would be required. On a typical 10 -acre parcel, 2 acres would be required to be upland. Ms. Wyland concluded the following recommendation with regard to this minor subdivision: 1. Consideration of the subdivision of Tract A be subject to Planning and Zoning Board and City Council approval of an amended conditional use permit to allow expansion of the existing Incarnation Cemetery. Should that expansion be denied, the two acres could be left with Tract A. 2. Should the Planning and Zoning Board determine the minor subdivision to be appropriate, Tract B and Tract C be subdivided with a variance to allow the upland area of Tract C to be less than 20% of the total 45.76 acres (two acres would be the typical upland requirement on a 10 -acre parcel). 3. An easement agreement be drafted that would allow access to Tract C from tract B, subject to review and approval by the City Attorney. 4. A $500 park dedication fee be collected for Tract C prior to recording of the