11/24/1997 Council Minutes - Laserfiche WebLink

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• • • COUNCIL MINUTES NOVEMBER 24, 1997 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 stated that the Planning and Zoning Board expressed its belief that the following variance criteria could be met: A. That the plight of the landowner is due to circumstances unique to her property not created by the landowner. B. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. C. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. D. That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood. E. That the proposed actions will be in keeping with the spirit and intent of the ordinance. 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 B. 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 subdivision with the County. 5. Permits be obtained from Rice Creek Watershed District requiring easements over all wetland areas. 6. The City Engineer and Fire Chief shall review and approve the driveway plan. Council Member Kuether asked why a $500 Park Dedication fee is not being requested for proposed Parcel A. Ms. Wyland explained that Parcel A includes the cemetery, which is not subject to such a use fee.