2016.08.25 PC Packet - Laserfiche WebLink

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Kelly Minor Subdivision & Variance a. Reasonable Use. The property owner proposes to use the property in a reasonable manner notpermitted by the Zoning ordinance and; The applicant is requesting to split the 20 acre property into a 15 acre parcel and a 5 acre parcel. The house and the accessory building will be located on the proposed 5 acre parcel, and with the exception of the lot size it still meets all zoning requirements. The applicants request to create a 15 acre parcel for a residential lot is reasonable. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is unique in that it is 20 acres allowing for a density of 1 dwelling unit per 10 acres, but the eastern half is not buildable due to wetlands and floodplain. In order to reasonably use the property to allow an additional dwelling unit, a variance is needed to create a 5 acre parcel on the west side. Because of the natural resources on the east half of the property, access from Keystone is not feasible without impacting the floodplain and wetlands. There is a small area that is not wetland on the east half along Keystone, but it does not meet soil requirements for a septic system. Therefore, in order to subdivide the parcel to allow for an additional dwelling, a variance is needed for a smaller lot on the western portion of the site. The applicant has stated that the parcel is uniquely set up for the proposed split because the house and accessory building is on the west side of the property. The proposed split will maintain conformance with setback and lot dimension requirements. C. Character of the Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The property is in the Agricultural (AG) zoning district and located in an area that includes parcels that do not meet the minimum lot size requirement. The proposed split would result in lot widths larger or typical to a 10 acre lot. The subdivision would create two lots that will be visually consistent with the surrounding area and will not alter the character of the area. 3. Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the city's comprehensive plan. The spirit and intent of the ordinance (lot size) is generally to create enough space for a dwelling, accessory buildings, sewage treatment systems, wells, driveways and other elements typically needed or found on large rural residential parcels. The applicant is requesting one of the lots to be 5 acres, where 10 acres is required by ordinance. The 15 acre lot will exceed minimum lot size requirement. There is enough room on both properties for the elements typically found on large rural residential parcels. The subdivision meets the spirit and intent of the ordinance.