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HomeMy WebLinkAbout2003-184 Council Resolution• CITY OF LINO LAKES RESOLUTION NO. 03-184 APPROVING A PRELIMINARY PLAT FOR LAKEVIEW ESTATES, INCLUDING LOT DEPTH VARIANCES WHEREAS, the City has received applications for platting an area as Lakeview Estates; and WHEREAS, a public hearing was held before the Planning & Zoning Board on October 8, 2003; and WHEREAS, the City Council approved Resolution 03-76 amending the comprehensive plan to include the site in the MUSA and in the Low Density Sewered Residential land use category; and WHEREAS, the plat meets the criteria for a variance listed in Section 2, Subd. 4 of the zoning ordinance, and NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the preliminary plat for Lakeview Estates. BE IT FURTHER RESOLVED that the Lino Lakes City Council hereby approves variances to allow the lot depths to be 124+ feet, as shown on the preliminary plat. BE IT FURTHER RESOLVED that the following conditions of approval apply: 1. All three lots in the plat must connect to City water and sanitary sewer. 2. The existing well shall be capped if required by Minnesota Dept. of Health requirements. 3. To minimize conflicts with existing street intersections, the driveway on Lot 3 shall be as far west as possible. 4. If a shared driveway option is not utilized, a new driveway must be built for Lot 1 that meets the setback requirements. 5. Park dedication of $3330 shall be paid. 6. This approval is based on the Preliminary Plat and Grading Plan, • dated October 22, 2003, received October 21. Adopted by the Lino Lakes City Council this ATTEST: Ann Blair, CityjClerk J. Be reson; ayor , 2003 Resolution 03-184, page 2 City Council May 27, 2003 Elm Street Comp Plan Amendment City Council May 27, 2003 Elm Street Comp Plan Amendment intMk Agittat STIZNAT-4211 17D" %DV' A 3SSUNCI 11111111 1111111111111 inne oner lot II •-L PONDS .41411idaeltr":" Cleciii"IKES --nil- max ..7rFAIEll Laden in= rII r liporam I 'Ern Ing- -ill [TR trzt,oa-Fin MIME IEM.....11 Erearre, &ma r5IW-Iii =ILI am 1113111:S SWF' rizi -415CMCI was EMEIVEIEINFAI II-Fla3 1 MIMI mei m‘runsm lithio 00101 MIX! FEcomwil „ . ,,, LIMN Mom litioznimiLiz. pitamiliirma Ell rwlirEPE12151: M EMI= 71-110313EMEI_Disiain rim MOMrs EIWOOPEICI den higia 151V1=Will L' - IMAM girZAZIWZIEN rg NMI= ractbnin . itittMacinli =SW im- on 014,-.7,H.. gra, NE41 WIIM si• On iern,,, . 44.111Ma innaginint OM Ilidglidir •mono= ir111111111tiiiiimtho :EKES Tot- Pelf9Tnl! fri rusp El MIN PAM 7,7 il giiiiiko,w4.7 © Fir; 4 - MI fri •• S) 9'd"I ONfl JO` lu.1O 0 CL £OOZ 1100 03//13031 GRAPHIC SCALE R r F. 3.6*, adNo33tW 1• n W r W Denotes *sating contour 0 J � ELMS- 14, zimmile FM. itnONOWO — 93J!4 Y30138 32 pi 4 -111p - 4 li ,CL AGENDA ITEM 7 A STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: October 27, 2003 TOPIC: Resolution 03-184 • Preliminary Plat • Variances for Lot Depth Lakeview Estates, SE Corner Elm St. & Lakeview Drive Gerald Schultz VOTE NEEDED: 3/5 BACKGROUND Mr. Gerald Schultz of 7180 Lakeview Drive has requested approval of the Lakeview Estates preliminary plat. This project involves redevelopment of an existing residential lot in the Lexington Park Lakeview neighborhood. This was made possible by the installation of public utilities in Elm St. and the amendment of the comprehensive plan (approved by the City in May 2003) that brought the property • into the MUSA. The proposed plat would subdivide Mr. Schultz's existing lot to create two additional house lots. The existing home would remain on a lot of its own. The result is three lots instead of one. • To accommodate the development proposal, the following approvals are necessary: 1. Preliminary plat 2. Variance for lot depth: 124.7' instead of 135' Because this plat involves the redevelopment of an existing lot within an existing neighborhood, the standard approaches to reviewing the project don't apply in the same way as for a new plat in an undeveloped area. ANALYSIS Comprehensive Plan, Land Use and Zoning: The site is within a Stage 1 (pre -2010) growth area. It is in area that was added to the Low Density Sewered Residential area and MUSA by a comprehensive plan amendment that was approved earlier this year. Prior to the amendment, the Elm St. corridor had an irregular mix of MUSA, non-MUSA, sewered, and unsewered designations. The Schultz property was outside the MUSA and guided unsewered. It is now in the MUSA and guided Low Density Sewered Residential. This allows for three units per acre. Calculating density is problematic for this site. Typically, when an undeveloped area is platted, the total land area except for the wetlands is used to calculate density. This would include all new street rights of Lakeview Estates page 2 way. The Lakeview Estates site is within an existing neighborhood and on the corner of two city streets. The Schultz property by itself is less than one acre (approximately 0.77 acre). However, if half the rights of way are included (the south side of Elm St. and the east side of Lakeview Drive), the area includes 1.12 acres. Other lots to the south will not be able to subdivide because they do not have the street frontage for additional lots. Therefore, the overall density of the neighborhood will not change significantly. Currently, there are 42 lots in the 40 acres between Elm St., Sunrise Drive, Fairmont Drive, and Sunset Road. This is 1.05 units/acre. Adding two lots will result in 1.10 units/acre. The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site residential Low Density Sewered Residential R-1 North residential Medium Density Sewered Resid. R-4 PDO South residential Low Density Sewered Residential R-1 East residential Low Density Sewered Residential R-1 West residential Low Density Sewered Residential R-1 Growth Management, MUSA Reserve and Units/Year: No additional MUSA is necessary for this proposal. The May 2003 comprehensive plan amendment acquired additional MUSA for the Elm St. properties, which avoided the need to withdraw from the MUSA "bank" established in 2002. The two new units would fit within the policy of 147 per year and so could be final platted in 2003. The table below shows the status of the staging plans for new residential units. LOTS/UNITS Development Name and Phases Prelim Plat Phasing lans by year (lots/units to be final platted) year end 2002 2003 2004 1 2005 i 2006 2007 Stoneybrook 2nd Addn 103 51 52 Century Farm North 249 56 65 52 43 33 Ravens Hollow 56 56 Haley Manor 10 Crystal Cove 3 3 Bruggeman 152 22 47 51 32 minor subdivision lots 1 Lakeview Estates 2 new 2 total 51 146 168 103 75 33 remaining of 147 ! exceeds target of 147 by percent -21 21 14% 44 72 114 Lakeview Estates page 3 Preliminary Plat Lots, Variances: As proposed, the lots will be 124+ feet in depth. The minimum lot depth in an R1 zone is 135 feet. The lot widths exceed the 80 ft. minimum requirement, and the lot areas exceed the minimum of 10,800 sf. Because of the size of the existing property, it is impossible to meet the 135' depth if new lots are to be created. In considering a request for a variance, the following findings should be applicable: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. d. 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. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The existing home is on an individual septic system. The City has no record that the original system installed in the 1950s has ever been replaced. Sewer and water are available in Elm St. It is in the public interest to connect existing homes on old septic systems to city sewer whenever feasible. The site is in the MUSA, it is in a Stage 1 growth area, public sewer service is available, and the public sewer is a better option for public health and welfare. The costs of the utilities are very high for a property the size of the existing lot. Additional lots contribute to supporting the costs of the new utilities. It is unreasonable to mandate that the homeowner spend the money to install a new drainfield when public utilities are available. The property size is a physical circumstance that exists since the area was initially platted in 1949. The option of subdividing is available to other properties with road frontage. The site is zoned R-1 and the purpose statement for the R-1 zone states that the zone is "intended for development of single family detached homes on lots served with public sewer and water." The setbacks for the new homes was at 30' on the original plat. These have been moved back to 40' because Elm St. is a collector road. Streets and Driveways: No additional roads are being proposed. The existing road system can accommodate the traffic generated by the two new homes. Two driveway issues are worth noting. First, the existing driveway and garage for Lot 1 will be removed. The new lot line will run through it. It is possible that a shared driveway would be a workable option. If a shared driveway is not utilized, a new driveway must be built for Lot 1 that meets the setback requirements. • Lakeview Estates page 4 Second, the driveway for Lot 3 should be located as far west as possible to avoid conflict with Willow Pond Trail. Park Dedication: The subdivision ordinance includes park dedication requirements. Park dedication is $1665 per residential unit, less any land dedication. There is no land dedication needed. The park dedication will be $1665 x 2 new home lots = $3330. Utilities: Sanitary sewer and water are available as part of the reconstruction project in Elm St. Stubs have been installed in anticipation of the creation of the two new lots. Grading and Stormwater Management: The properties will drain to the newly constructed stoilliwater sewer facilities in Elm St. and to Lakeview Drive via a low area along the backs of the lots. CONDITIONS OF APPROVAL Approval of the project should include the following onditions, which are included in the resolution: 1. All three lots in the plat must connect to City water and sanitary sewer. 2. The existing well shall be capped if required by Minnesota Dept. of Health requirements. 3 To minimize conflicts with existing street intersections, the driveway on Lot 3 shall be as far west as possible. 4. If a shared driveway option is not utilized, a new driveway must be built for Lot 1 that meets the setback requirements. 5. Park dedication of $3330 shall be paid. OPTIONS. 1. Approve Resolution 03-184, approving the preliminary plat, with the lot depth vanances. 2. Return to staff with direction. RECO RECOMMENDATION Option 1 This review is based on the Preliminary Plat and Grading Plan, received October 21, 200