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• • • COUNCIL MINUTES OCTOBER 14, 2002 Consider Resolution No. 02 —117, Approving a Variance and a Minor Subdivision, 855 Ash Street (Lindahl Property), Tanda Gretz — Associate Planner Gretz advised this item was heard by the City Council on September 23, 2002. At that time, a question was brought by staff regarding whether or not street right-of-way was to be counted when figuring lot area. Specifically, if lot area is exclusive of street right-of-way, then it appeared that the Lindahl property would not meet the minimum lot size requirement of one acre, as required under the homestead clause of the City Zoning Ordinance (Section 3, subdiv. 3.A.2.b.2). Staff has now verified that the Lindahl property may count street right-of-way as part of lot area. The City Zoning Ordinance (Section 3, subdiv. 3.B.2.b) states that: "Within zoning districts with a minimum lot size requirement of 10 acres or more, up to 80% of the minimum lot area may be comprised of areas which are platted as street rights-of-way, is below the 100 year od elevation, or lies within City watercourses, wetlands or waterbodies asdefined by this ordinance." Don and Faith Lindahl own 11 acres of land, zoned Rural, at. 855 Ash Street. The Lindahls have applied for a Minor Subdivision and Variance from the minimum lot width requirements in order to subdivided their property. Although the minimum lot size forproperty in a Rural zone is 10 acres, the Lindahls are seeking to create a 10 -acre and a one -acre parcel, as allowed under Section 3, subd. 3.A.2.b.2 of the Lino Lakes City Code: "Habitable single family homes constr'ted prior to July 13, 1992 may reduce their lot size to a minimumofone `'e if the balance of the property results in a parcel of ten acres, or i serviced by public sewer, and it can be demonstrated by means satisfactory to the City that the division will not result in ground water, soil or other epintamination which may endanger the public health." The Lindahls propose to live on the one -acre parcel containing the residence and outbuildings, and sell the remaining ten -acre parcel to their son. It should be noted that the existing 11 -acre parcel was created in 1997 as part of a minor subdivision of 58.76 acres. Minutes from the meetings of both the Planning & Zoning Board and the City Council note that a further subdivision of the 11 -acre parcel, such as is now being proposed, was discussed at that time. Minutes note that the applicant "had been advised that splitting off one acre with the homestead to provide an additional building site would probably not be recommended in this case. This review is based on the following attached exhibits: 1. General Location Map 2. Minutes from November 24, 1997 City Council meeting 3. Minutes from November 12, 1997 Planning & Zoning meeting 6