2016.09.06 RESO 2016-29 Variance for 10100 170th St

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RESOLUTION 2016-29 APPROVING A VARIANCE FROM THE LOT SIZE REQUIREMENTS IN THE AGRICULTURAL (AG) ZONING DISTRICT FOR DENNIS KELLY ON THE PROPERTY LOCATED AT 10100 1701h STREET NORTH WHEREAS, Dennis Kelly has requested approval of a variance to allow a parcel to be 5 acres, where 10 acres is required by ordinance for the property legally described as follows: See Attached WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing on August 25, 2016, and recommends approval and; NOW, THEREFORE, BE IT HEREBY RESOVLED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the request by Dennis Kelly a variance to allow a parcel to be 5 acres, where 10 acres is required by ordinance based on the following findings: 1. The requested variance is permissible by law. 2. 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. 3. 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. 4. 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. 5. 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 j 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.