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HomeMy WebLinkAbout2002-117 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 02417 RESOLUTION APPROVING A MINOR SUBDIVISION & VARIANCE FOR PROPERTY LOCATED AT 855 ASH STREET (LINDAHL PROPERTY) WHEREAS, the City has received an application for a Variance and Minor Subdivision of property, and WHEREAS, the City's zoning ordinance and subdivision regulations provide for and establish requirements for Variances and Minor Subdivisions, and WHEREAS, the proposed Variance and Minor Subdivision apply to property zoned Rural, but which is being subdivided to a size under the minimum lot size requirements for property in a Rural zone, as allowed under the homestead clause of the City's Zoning Ordinance (Section 3, subdiv. 3.A.2.b.2), and WHEREAS, the City Council finds that: 1.) That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is being subdivided according to the homestead clause of the City Zoning Ordinance (Section 3, subdiv. 3.A.2.b.2), which allows minimum lot size below what is normally required under Ordinance. The proposed property can not take advantage of the homestead (which allows lot size down to one acre in size) while also meeting the normal minimum lot size requirements of Ruraly zoned property (which requires lots to be at least 10 acres in size). 2.) That the plight of the landowners is due to physical circumstances unique to his property, not created by the land owner. While the existing lot of record, while meeting the area requirements as prescribed in the ordinance, does not have the necessary frontage required under minimum Rural lot width standards. 3.) 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. While the zoning ordinance allows a one acre lot to be created under the homestead clause, the minimum Rural lot standards preclude the creation of such a lot that would also comply with the City's minimum lot depth standards. 4.) 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. The property in question has the necessary lot area to conform to the minimum requirements of the homestead clause.. 5.) That the proposed actions will be in keeping with the spirit and intent of the ordinance. The Variance is in keeping with the spirit and intent of the ordinance which allows for homesteaded properties to reduce their lot to a minimum of one acre if the balance of the property results in a parcel of ten acres. NOW, THEREFORE BE IT RESOLVED THAT Lino Lakes City Council approves the proposed Minor Subdivision & Variance as described by the attached document entitled "Minor Subdivision for Don Lindahl" by E.G. Rud & Sons, Inc., dated July 10, 2002, with the following conditions: 1.) A park dedication fee of $1,665 to be paid prior to the certification and recording of the Minor Subdivision. 2.) The applicant shall dedicate to the City drainage and utility easements measuring ten feet in width along the front and rear property lines, five feet in width along side property lines, and covering all ponding and wetland areas. Such dedication shall be in the form of a Quit Claim Deed, per the City attorney, to be submitted prior to the certification and recording of the Minor Subdivision. 3.) The applicant shall dedicate to Anoka County 60 feet of public right-of-way adjacent to Ash Street. Adopted by the Lino Lakes City Council this 14 day of October, 2002. ��s J. Bergeson,44ayor ATTEST: Ann Blair, City Clerk AGENDA ITEM 7C STAFF ORIGINATOR: Tanda Gretz C. C. MEETING DATE: October 14, 2002 TOPIC: Minor Subdivision & Variance For property located at 855 Ash Street Don & Faith Lindahl ACTION REQUIRED: 3/5 vote PROGRESS SINCE THE SEPTEMBER 23RD MEETING 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 Lindhal 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 Lindhal 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 flood elevation, or lies within City watercourses, wetlands or waterbodies as defined by this ordinance." BACKGROUND 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 for property 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: City Council Meeting Lindahl Minor Subdivision & Variance October 14, 2002 "Habitable single family homes constructed prior to July 13, 1992 may reduce their lot size to a minimum of one acre if the balance of the property results in a parcel of ten acres, or is 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 contamination 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 4. Certificate of Survey, dated July 10, 2002 5. "Marked Up" Certificate of Survey, dated December 8, 1997 ANALYSIS The attached Certificate of Survey shows the proposed division of the 11 -acre parcel. Tract B, one acre, contains the Lindahl home and outbuildings, of which .89 acres are upland; Tract A, ten acres, contains the balance of the property, of which four acres are upland. Land Use & Zoning Location Guided Land Use Existing Zoning Site Low Density, Unsewered Residential Rural West Rural North " Rural East Rural South (North Oaks) (North Oaks) City Council Meeting Lindahl Minor Subdivision & Variance October 14, 2002 Minimum Lot Requirements Size: the minimum lot size for property in a Rural zone is ten acres. Proposed Tract A would meet this requirement, with the balance of the property, Tract B, consisting of the one -acre parcel containing the existing homestead buildings, as allowed under Section 3, subd.3.A.2.b.2. Width: the minimum lot width for property in a Rural zone is 330 feet. The existing property only has 611 feet of frontage along County "J" (Ash Street). As such, the property cannot be subdivided and meet the required minimum frontage for both lots. Tract A is an irregularly shaped ("C-shaped") lot that does meet the minimum lot width requirements, although it is not contiguous width/road frontage. Rather, the lot wraps around the one acre parcel, with 269 feet to the west of the one acre parcel and 188 feet to the east of the one acre parcel. Tract B is being created under the homestead clause, as noted above, which allows property of a size under the minimum requirements. As a result, Tract B, measuring 155 feet in width, does not conform to minimum width requirements, and the applicant is asking for a Variance. Even if the applicant had the required 330 feet of lot width, the allowable one -acre parcel would then only provide a lot depth of 132 feet. The typical minimum lot depth is 135 feet for residential lots. Buildable Area Lino Lakes City Ordinance Section 3, subd. 3.B.l.b requires parcels requiring a minimum of 10 acres or more to have a minimum of 20% upland area. Both parcels meet this requirement, with Tract A containing four acres of upland (this upland exists as "islands" among wetland areas), and Tract B almost entirely composed of upland. Septic Issues Soils tests confirm that the proposed 10 -acre parcel is capable of accommodating a septic system. In addition, there is adequate room for both primary and secondary sites. The one -acre parcel already contains a septic system, with adequate room for a secondary site. Access Issues The existing 11 -acre parcel contains a second driveway, not used by the Lindahls but existing on their property, which is the sole source of access for the neighboring property to the west, at 815 Ash Street. Without this driveway, the property at 815 would be landlocked, with no access out to Ash Street or any other road. The minor subdivision approved in 1997, which created the parcels at 815 and 855 Ash Street, required an easement agreement be drawn up for this driveway. This agreement was approved by the 3 City Council Meeting Lindahl Minor Subdivision & Variance October 14, 2002 City attorney and recorded with Anoka County. In addition, as a further condition of approval in 1997, the driveway was approved by the Fire Chief. The driveway is currently used primarily by the residents at 815 Ash Street, as the Lindahls have their own access drive. Further subdivision of the Lindahl's 11 -acre parcel would require shared use of this driveway by the future owners of proposed Tract A Such a situation may or may not pose a legal issue: the easement agreement states the easement is "for the exclusive benefit of Tracts B (855 Ash Street) and C (815 Ash Street)." Further, the agreement states that "no party may unreasonably increase the burden of the driveway and utility easement." The agreement can be amended only with the written consent of both parties. VARIANCE — FINDINGS OF FACT The Lino Lakes Zoning Ordinance states that "in considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1.) That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Comment: The property is being subdivided according to the homestead clause of the City Zoning Ordinance (Section 3, subdiv. 3.A.2. b.2), which allows minimum lot size below what is normally required under Ordinance. The proposed property can not take advantage of the homestead (which allows lot size down to one acre in size) while also meeting the normal minimum lot size requirements of Ruraly zoned property (which requires lots to be at least 10 acres in size). 2.) That the plight of the landowners is due to physical circumstances unique to his property, not created by the land owner. Comment: While the existing lot of record, while meeting the area requirements as prescribed in the ordinance, does not have the necessary frontage required under minimum Rural lot width standards. 3.) 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. Comment: While the zoning ordinance allows a one acre lot to be created under the homestead clause, the minimum Rural lot standards preclude the creation of such a lot that would also comply with the City's minimum lot depth standards. 4.) 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. 4 City Council Meeting Lindahl Minor Subdivision & Variance October 14, 2002 Comment: The property in question has the necessary lot area to conform to the minimum requirements of the homestead clause.. 5.) That the proposed actions will be in keeping with the spirit and intent of the ordinance. Comment: The Variance is in keeping with the spirit and intent of the ordinance which allows for homesteaded properties to reduce their lot to a minimum of one acre if the balance of the property results in a parcel of ten acres. P & Z RECOMMENDATION The above report was presented at the August 14 & September 11, 2002 meeting of the Planning & Zoning Board. After consideration of the issues, Board members voted to recommend approval of the Minor Subdivision, with the following conditions: 1.) A park dedication fee of $1,665 to be paid prior to the certification and recording of the Minor Subdivision. 2.) The applicant shall dedicate to the City drainage and utility easements measuring ten feet in width along the front and rear property lines, five feet in width along side property lines, and covering all ponding and wetland areas. Such dedication shall be in the form of a Quit Claim Deed, per the City attorney, to be submitted prior to the certification and recording of the Minor Subdivision. 3.) The applicant shall dedicate to Anoka County the required public right-of-way adjacent to Ash Street. Such dedication shall be submitted prior to the certification and recording of the Minor Subdivision. CONCLUSION Based on the findings stated above, staff recommends approval. OPTIONS 1.) Approval of the Minor Subdivision and Variance. 2.) Denial of the Minor Subdivision and Variance. 3.) Return to staff with direction. RECOMMENDATION Option #1 5 EXHIBIT # 1 {E — �.n JrocIiEN uaroom�rri oh. 987 988 389 991 992 993 994 00' REVISED REV. REV. REV. REV. REV. REV. REY. NOV. 1994 JAN. 1996 JULY 1997 JULY 1998 AUG. 1999 SEPT. 2000 MAY 2001 JULY 2002 tncAr'rc®vik /II • e - MAP OF OF puma w•ae