HomeMy WebLinkAbout2016.09.06 RESO 2016-29 Variance for 10100 170th St 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.
Resolution 2016-29
Page 2
6. The variance, if granted, will not allow any prohibited use in the district. A minor
subdivision that creates a residential lot is allowed in the Rural Residential (RR) zoning
district.
7. The property is located within a FEMA designated floodplain. The building area on the
15 acre lot will be out the floodplain. The applicant is not proposing to impact the
floodplain or wetlands.
8. The property is not served with municipal sewer and water. Washington County has
approved their proposal for primary and secondary septic systems on the proposed 15
acre parcel.
ADOPTED by the City Council this 6`h day of September, 2016.
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
PARCEL 'A' (5.01 acres)
The Westerly 332.0 feet of the South Half of
the Southeast Ouarter of the Southeast Ouarter
(S 1/2 of SE 1/4 of SE 114) of Section One (1),
Township Thirty-One (31) North, Ronge Twenty-One (21)
West of the Fourth Meridian according to the
United States Government Survey thereof, Washington
County, Minnesota.