PC Packet 06.27.19 - Laserfiche WebLink

Home

Moxness Minor Subdivision & Variance Lot Size The CR -3 zoning district requires a minimum lot size of 8,400 square feet with a minimum lot width at front setback line of 80 feet and minimum lot depth of 100 feet. The applicant is requesting to subdivide a 27,435 square foot parcel to create two parcels that are 14,875 and 12,560 square feet in size. Both proposed parcels meet the minimum lot width at front setback line and the minimum lot depth. Although the proposed parcels meet the CR -3 minimum lot size, the property is within the Shoreland District. The Shoreland District of the City is any land that is within 1,000 feet of the ordinary high water (OHW) levels of lakes, ponds, and flowages and within 300 feet of the OHW level of the rivers and streams classified in the City. The subject property is approximately 925 feet from the OHW level of Egg Lake, falling within the Shoreland District. The Shoreland District requires a minimum lot size of 15,000 square feet and the proposed lots are 14,875 and 12,560 square feet, therefore, a variance is required. Variance for Lot Size The applicant is requesting to create two parcels that do not meet the minimum lot size required in the Shoreland District. Proposed Parcel A is 14,875 square feet and proposed Parcel B is 12,560 square feet, where 15,000 square feet are required. Staff used these standards to review the variance request and finds the following: 1. Law. The variance as requested is permissible bylaw. The requested variance is permissible by law. 2. Practical difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; The applicant is requesting to split the subject property into 14,875 and 12,560 square feet parcels. Each parcel meets the CR -3 zoning district lot size requirement and will be occupied by single family homes that are required to meet all setback requirements. The applicant is requesting to use the property in a reasonable manner. 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 was previously platted as two lots in the Traeger's Addition Plat 2 in 1976 and was then combined by the property owner in 2012. The original plat intended to have a single family home on each parcel. The proposed parcels