ITEM 3.6 Carron AdditionO
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MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
28 May 2019
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Administrator/Finance Director Flaherty
3.6 — Carron Second Add.
STRATEGIC VISION
MEETS:
I THE CITY OF OTSEGO:
ARE YOU SEEKING APPROVAL OF A CONTRACT?
Is a strong organization that is committed to leading the community through innovative
communication.
X
Has proactively expanded infrastructure to responsibly provide core services.
BACKGROUND/JUSTIFICATION:
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
was final platted in 2009. The City of Otsego has undertaken the 85th Street/MacIver Avenue public
Is a social community with diverse housing, service options, and employment opportunities.
Street bisected Lot 2, Block 1 Carron Addition. The City agreed to replat the lot as 2 lots to settle the
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a variance, conditional use permit, and preliminary/final plat.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No.
Held by Planning Commission 20 May 2019
BACKGROUND/JUSTIFICATION:
Randal and Deborah Carron and Diane Demars own Lot 2, Block 1 Carron Addition. The Carron Addition
was final platted in 2009. The City of Otsego has undertaken the 85th Street/MacIver Avenue public
improvement project to extend 85th Street west of Nashua Avenue. Acquisition of right-of-way for 85th
Street bisected Lot 2, Block 1 Carron Addition. The City agreed to replat the lot as 2 lots to settle the
acquisition of the property with the owner.
The replatting of the property includes the need to approve a variance for density greater than allowed
within the A-2 District and a conditional use permit for a lot area less than 20 acres within the A-2 District.
A public hearing was noticed for the Planning Commission meeting on 20 May 2019 to consider the
applications, which have been initiated by the City. There were no public comments. The Planning
Commission had no questions or concerns regarding the applications. The public hearing was closed and .
the Planning Commission voted 6-0 to recommend approval of the requests.
SUPPORTING DOCUMENTS ATTACHED:
• Planning Report dated 13 May 2019
• Findings of Fact and Decision
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve a variance, conditional use permit and preliminary/final plat for the Carron Second
Addition subject the conditions stated in the findings of fact and decision as presented.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
TPC
The Planning Company
PLANNING REPORT
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
TO: Otsego Planning Commission
FROM: D. Daniel Licht, AICP
REPORT DATE: 13 May 2019
ACTION DATE: N/A
RE: Otsego — Carron Second Addition; Preliminary/Final Plat
TPC FILE: 101.01
BACKGROUND
Randal and Deborah Carron own Lot 2, Block 1 Carron Addition. The Carron Addition was final platted
in 2009. The City of Otsego has undertaken the 85th Street/MacIver Avenue public improvement project
to extend 85th Street west of Nashua Avenue. Acquisition of right-of-way for 85th Street bisected Lot 2,
Block 1 Carron Addition. The City agreed to replat the lot as 2 lots to settle the acquisition of the
property with the owner. The replatting of the property includes the need to approve a variance for
density greater than allowed within the A-2 District and a conditional use permit for a lot area less than
20 acres within the A-2 District. A public hearing has been noticed for the Planning Commission meeting
on 20 May 2019 to consider the applications, which have been initiated by the City.
Exhibits:
■ Site Location Map
■ Preliminary/Final Plat
ANALYSIS
Comprehensive Plan. The subject site is planned for future low density residential use at the eastern
edge of Urban Service Expansion Area W1. Extension of sewer and water utilities will involve
construction of trunk collection and distribution pipes from a future lift station at Mason Avenue and
87th Street. Until sewer and water utilities are extended, the 2012 Comprehensive Plan guides that the
subject site is to be maintained as rural land uses.
Zoning. The subject site is zoned A-2 District, which was established on 9 November 2009 with
approval of the Carron Addition. The A-2 District allows for single family dwellings as a permitted use.
Density. Section 11-52-6.6 of the Zoning Ordinance limits development density within the A-2 District
to 1 dwelling unit per 10 acres. Approval of the Carron Addition in 2009 utilized all of the available
development rights of the original parcel to subdivide 3 lots. The subdivision of the subject site results
in 1 additional development right than allowed to the Carron Addition. The City is proposing approval
of a variance to allow for the 1 additional development right as the public action to construct 85th Street
has severed the subject site effectively creating 2 lots. Consideration of the variance is to be based on
the following criteria set forth by Section 11-6-3.13 of the Zoning Ordinance:
1. That the variance would be consistent with the Comprehensive Plan.
Comment: The 2012 Comprehensive Plan guides that development is to be limited to
rural land uses until such time as sewer and water utilities may be available. The
proposed variance will allow for a rural residential use of the severed property until such
time as sewer and water utilities are extended and a more intensive land use is possible.
The proposed variance is consistent with the 2012 Comprehensive Plan.
That the variance would be in harmony with the general purposes and intent of [the
Zoning Ordinance].
Comment: The purpose of the A-2 District is to allow low density residential, open space,
and/or agricultural uses to prevent rapid urbanization and provide economy in public
expenditures. The proposed variance allows for a reasonable use of each of the severed
lots caused by the 85th Street public improvement project consistent with the intent of
the A-2 District.
That the plight of the landowner is due to circumstances unique to the property not
created by the current or any previous landowner.
Comment: The need for variance has been caused by public action related to the 85th
Street/MoclverAvenue improvement project.
4. That the purpose of the variance is not exclusively an economic consideration.
Comment: The need for variance is not due to economic considerations.
That the granting of the variance will not alter the essential character of the
neighborhood in which the parcel of land is located.
Comment: The area surrounding the subject site to the north and east is developed with
rural residential uses and cultivated fields to the south and west. The proposed variance
allowing for two rural residential lots will not alter the character of the area.
6. That the requested variance is the minimum action required to eliminate the practical
difficulty.
2
Comment: The 85th Street public improvement project severed the subject site into two
parcels. The proposed variance to allow a development right to each of the severed
parcels is the minimum action required to ensure a reasonable use of the lots as
provided for by the Zoning Ordinance.
Lot Requirements. Lots within the A-2 District must have a minimum area of 20 acres and minimum
width of 450 feet. In order to maintain contiguous tracts of land for future urban development, Section
11-52-5.G of the Zoning Ordinance allows for the subdivision of lots less than 20 acres in area within the
A-2 District by conditional use permit based on compliance with the following criteria:
1. All other applicable requirements of Section 11-52-6 of this Chapter are complied
with.
2. A concept plan utilizing all development rights allowed by Section 11-52-6.B of
this Chapter is submitted and recorded with the subdivision.
3. Lots are to be clustered and the overall subdivision designed in such a manner so
as to provide for logical future street and utility extensions.
4. No lot shall be less than one (1) acre in size or 150 feet in width.
5. The maximum lot size for clustered lots in the Urban Service Reserve Area shall
be two and one-half (2.5) acres except if one of the following conditions is met:
a. Topography, soils, wetlands, or other natural features dictate a larger
minimum lot area.
b. The location of existing buildings cannot be fully accommodated in
compliance with applicable setback requirements of Section 11-52-6.0 of
this Chapter.
C. One (1) development right as allowed by Section 11-52-6.B of this
Chapter is used for a dwelling located on the present parcel outside of
the residential cluster.
6. A resubdivision plan for future division of each lot with availability of municipal
sanitary sewer service is submitted and recorded on the deed for each lot.
Principal and accessory buildings shall be located on each lot in conformance
with all present and future setback requirements based on the resubdivision
plan.
7. A deed restriction is placed on the parcel exercising development rights and all
subdivided lots to prohibit additional subdivision unless is conforms to applicable
zoning district requirements.
B. Each lot is capable of accommodating a private well and septic system.
9. The provisions of Section 11-4-2.F of (the Zoning Ordinance) are considered and
satisfactorily met.
The proposed lots have the following area and width as shown in the table below. The subdivision of
the lots is caused by public action to construct 85th Street resulting in the proposed area of each lot.
Both lots comply with the minimum lot width requirement of 150 feet.
Lot Area Lot Width
Lot 1, Block 1 2.19ac. 310ft.
Lot 2, Block 2 17.10ac. 440ft.
Setbacks. The table below provides the setbacks of the A-2 District applicable to the proposed lots.
Each lot has adequate area within the required setbacks to allow for construction of a single family
dwelling.
85th St. 83rd St. Side Rear
Lot 1, Block 1 65ft. NA 10ft. 50ft.
Lot 1, Block 2 65ft. 35ft. ROW 10ft. NA
65ft. Centerline
Access. The 2012 Comprehensive Plan designates 85th Street as a major collector roadway. Access to
major collector streets is to be limited by Section 10-8-5.M of the Subdivision Ordinance so as not to
effect traffic movement along the street.
■ Lot 1, Block 1 has frontage only to 85th Street. One driveway access to 85' Street will be
allowed subject to the provisions of Section 11-21-6 of the Zoning Ordinance. A driveway
serving a house on Lot 1, Block 1 will be required to be paved in accordance with Section 11-21-
7.C.2 of the Zoning Ordinance.
Lot, 1, Block 2 has frontage to both 85th Street and 83rd Street, which is a rural gravel roadway.
Access to Lot 1, Block 2 is to be restricted to 83rd Street. A driveway accessing 83rd Street is
allowed to be gravel surface by Section 11-21-7.C.1 of the Zoning Ordinance based on the gravel
surface of 83rd Street.
Utilities. Park and trail dedication requirements are established by Section 11-8-15 of the Subdivision
Ordinance. The City is not seeking to acquire property for park purposes from the subject site. As the
subdivision of the property is being caused by public action to construct 85th Street, there will be no park
dedication requirement for this subdivision.
Easements. The preliminary/final plat illustrates 10 foot wide drainage and utility easements at the
perimeter of each proposed lot. The proposed drainage and utility easements comply with Section 11-8-
10.A of the Subdivision Ordinance. All easements are subject to review and approval by the City
Engineer.
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Utilities. Each of the proposed lots will be served by individual on-site septic and well utilities. A septic
design that identifies primary and secondary drain field sites and a septic tank location within the
subject site will be required at the time of building permit application. Each lot will also be served by an
on-site well Plans for the on-site septic and well utilities are subject to review and approval by the
Building Official.
RECOMMENDATION
City staff recommends approval of the applications as outlined below based on the action being
required due to the public improvement project for 85th Street.
POSSIBLE ACTIONS
A. Motion to recommend approval of a variance, conditional use permit and preliminary/final plat
for the Carron Second Addition subject to the following conditions:
1. Lot 1, Block 1 and Lot 1, Block 2 shall be deed restricted to prohibit further subdivision
of additional lots until such time as rezoned to allow for development with sewer and
water utilities.
2. Access to Lot 1, Block 2 from 85th Street shall be prohibited.
On-site septic and well utilities shall be subject to review and approval by the Building
Official.
B. Motion to recommend the application be denied based on a finding that the request is
inconsistent with the Comprehensive Plan and intent of the Zoning Ordinance.
C. Motion to table.
Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Randal and Deborah Carron, property owner
Overview
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MINNESOTA Y
APPLICANT: City of Otsego
21 May 19
FINDINGS & DECISION
VARIANCE/CONDITIONAL USE PERMIT
PRELIMINARY/FINAL PLAT
APPLICATION: Request for a variance, conditional use permit, and preliminary/final plat for the
Carron Second Addition.
CITY COUNCIL MEETING: 28 May 2019
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council
now makes the following findings of fact:
A. The legal description of the property is Lot 2, Block 1 Carron Addition, City of Otsego, County
of Wright, State of Minnesota.
B. The property is guided for low density residential land uses within the Urban Service
Expansion Area by the 2012 Otsego Comprehensive Plan, as amended.
C. The property is zoned A-2, Agriculture Long Range Urban Service District.
D. The City of Otsego is proposing a preliminary/final plat of two lots as a result of the property
being bisected by right-of-way acquisition for the 85th Street/MacIver Avenue public
improvement project.
E. The proposed preliminary/final plat requires consideration of a variance related to allowed
density within the A-2 District established by Section 11-52-6.B of the Zoning Ordinance;
Consideration of the variance is to be based upon, but not limited to, the criteria set forth by
Section 11-6-3.13 of the Zoning Ordinance:
That the variance would be consistent with the Comprehensive Plan.
Comment: The 2012 Comprehensive Plan guides that development is to be limited to
rural land uses until such time as sewer and water utilities may be available. The
proposed variance will allow for a rural residential use of the severed property until
such time as sewer and water utilities are extended and a more intensive land use is
possible. The proposed variance is consistent with the 2012 Comprehensive Plan.
2. That the variance would be in harmony with the general purposes and intent of [the
Zoning Ordinance].
Comment: The purpose of the A-2 District is to allow low density residential, open
space, and/or agricultural uses to prevent rapid urbanization and provide economy in
public expenditures. The proposed variance allows for a reasonable use of each of
the severed lots caused by the 85th Street public improvement project consistent with
the intent of the A-2 District.
3. That the plight of the landowner is due to circumstances unique to the property not
created by the current or any previous landowner.
Comment: The need for variance has been caused by public action related to the
85th Street/MaclverAvenue improvement project.
4. That the purpose of the variance is not exclusively an economic consideration.
Comment: The need for variance is not due to economic considerations.
5. That the granting of the variance will not alter the essential character of the
neighborhood in which the parcel of land is located.
Comment: The area surrounding the subject site to the north and east is developed
with rural residential uses and cultivated fields to the south and west. The proposed
variance allowing for two rural residential lots will not alter the character of the area.
6. That the requested variance is the minimum action required to eliminate the practical
difficulty.
Comment: The 85th Street public improvement project severed the subject site into
two parcels. The proposed variance to allow a development right to each of the
severed parcels is the minimum action required to ensure a reasonable use of the
lots as provided for by the Zoning Ordinance.
F. The proposed preliminary/final plat requires consideration of a conditional use permit to allow
lot area less than 20 acres as provided for by Section 11-52-5.G of the Zoning Ordinance;
Consideration of the variance is to be based upon, but not limited to, the criteria set forth by
Section 11-4-21 of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Finding: The Comprehensive Plan guides the site for interim rural land uses until
sanitary sewer and water utilities are available. The subdivision of the property into
two lots as a result of a public improvement project is consistent with the interim land
use plan.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: Surrounding land uses currently consist of primarily cultivated fields and
large lot single family uses. The surrounding area is guided for rural land uses until
such time as urban services are available. As such, the proposed subdivision will be
compatible with the existing and planned land uses surrounding the subject site.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Finding: The proposed subdivision conforms to all requirements of the Zoning
Ordinance, Subdivision Ordinance, and Engineering Manual.
4. Traffic generation by the proposed use in relation to the capabilities of streets serving
the property.
2
Finding: The two proposed lots will access 85th Street, which has capacity for traffic
generated by the allowed uses.
5. The proposed use can be accommodated by existing public services and facilities
and will not overburden the City's service capacity.
Finding: The proposed subdivision can be accommodated by the City's existing
service capacity.
H. The planning report dated 13 May 2019 prepared by the City Planner, The Planning
Company LLC, is incorporated herein.
The Otsego Planning Commission conducted a public hearing at their regular meeting on 20
May 2019 to consider the application, preceded by published and mailed notice; based upon
review of the application and evidence received, the public hearing was closed and the
Planning Commission recommended by a 6-0 vote that the City Council approve the request
based on the aforementioned findings.
DECISION: Based on the foregoing information and applicable ordinances, the request is
hereby APPROVED, subject to the following conditions:
Lot 1, Block 1 and Lot 1, Block 2 shall be deed restricted to prohibit further subdivision of
additional lots until such time as rezoned to allow for development with sewer and water
utilities.
2. On-site septic and well utilities shall be subject to review and approval by the Building
Official.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 28th day of May, 2019.
Tami Loff, City Clerk
3
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor