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t Planning Commission Meeting Minutes June 21, 2005 Page 6 1 She noted that the original staff report suggested that the lot size was approximately 23,541 2 square feet and after doing considerable research and discussing with the Public Works 3 department and City Engineer it appears that there is a right of way issue with the county road of 4 40-feet. She stated that according to Hennepin County Property records the total taxable lot size 5 is 19,260 square feet, which is shorter by 40-feet due to the right-of-way for the County. She 6 stated that she discussed this with the City Engineer and he explained that the City's right-of-way 7 is already accounted for on the plat map and with that they do drop down to 19,260-square feet. 8 She stated that the proposal is to rezone the property to an R-3 to accommodate four townhome 9 units in a single building. She explained that the ordinance states that an applicant can have no 10 less than three units in a building and no greater than eight units in a building. She stated that 11 based on the calculations it appears that Mr. Martinson would have enough property to go 12 through the process to develop townhomes if the rezoning is approved. She explained that the 13 applicant would require a rezone to R-3 in order to be able to build the four townhomes on the 14 site. She stated that the applicant has tried previously to split the lot but because of the utility 15 easement the attempts have either been denied by the City or upon discovering the easement, 16 petitioners have cancelled their applications. She provided the Commission with photographs of 17 the area and an overview of the County Plat Map. She stated that the proposed project is very 18 similar to the townhome complex located on the old Clark Station site at the corner of 33rd 19 Avenue Northeast and Stinson Boulevard in St. Anthony. She stated that the townhomes would 20 be a north/south orientation on the lot with access onto Chelmsford. She reviewed the easements 21 and driveway access points with the Commission. 22 23 Commissioner Jensen clarified that the application is only for rezoning and that the site plan is 24 not available for review at this time. Ms. Moore-Sykes confirmed. 25 26 Ms. Moore-Sykes stated that the City's Comprehensive Plan suggests that the property is an R-1 27 zone yet all of the zoning maps indicate that the property is zoned R-2. She stated that there was 28 some question as to whether this was spot zoning but they were not able to find any information 29 to indicate that this was the case. She stated the property next door is zoned R-1 and that the file 30 also indicates that a permit that was taken out in 1976 was for a double-bungalow. 31 32 Troy Martinson, 3645 Chelmsford, stated that he had received a letter from Xcel stating that the 33 site plan submitted was reviewed and determined that the driveway crossing over the easement to 34 access Chelmsford Road was acceptable and they gave him permission to place the driveway 35 over the easement area. 36 37 Commissioner Young asked Mr. Martinson if he had discussed this proposal with his neighbors. 38 Mr. Martinson stated that he had not discussed his proposal with the neighbors yet adding that he 39 would be very willing to meet with them and review what he would like to do. 40 41 Robert Hastay, 3408 37th Avenue Northeast, stated that his home is immediately adjacent to the 42 east of Mr. Martinson's property. He stated that for the 30-years that he has lived here it has 43 been zoned a single family home. He expressed concerns that the proposed townhomes would be 44 a detriment to the other properties in the area and that the townhomes could possibly lower the 45 value of his home. He noted that his grandfather had owned all of this property at one time