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ITEM 3.6 Harpster VarianceOtsTe F o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 14 September 2020 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.6 — Harpster variance STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: x Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a variance to allow subdivision of a parcel divided by public right-of- way. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Held by Planning Commission 8 September 2020 BACKGROU ND/J USTI FICATION: Ms. Ladonna Harpster owns 48.21 acres located south of River Road (CSAH 42) at Rawlings Avenue (CSAH 36). The property is divided by the right-of-way easement for CSAH 36 into 2 parcels. The property owner is requesting approval of a variance for density greater than allowed within the A-1, Agriculture Rural Service District and an administrative subdivision to recognize 2 lots of record as caused by the bisecting of the property by public right-of-way. A public hearing was held at the Planning Commission meeting on Tuesday, 8 September 2020 to consider the applications. Mr. Jeremiah Bouley, representing Ms. Harpster attended the Planning Commission meeting. Mr. Earl Shulenburg, who owns the property to the east of the subject site, had contacted City staff prior to the public hearing with questions about access to the property, was also in attendance. There were no other public comments. The Planning Commission closed the public hearing and recommended approval of the variance applications by a 6-0 vote. SUPPORTING DOCUMENTS ATTACHED: ■ Planning Report dated 24 August 2020 ■ 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 allowing subdivision of 118-500-364200 into two parcels based on division by public right-of-way. BUDGET INFORMATION FUNDING: BUDGETED: NA TPC The Planning Company PLANNING REPORT TO: FROM: REPORT DATE: ACTION DATE: RE: TPC FILE: BACKGROUND 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com Otsego Planning Commission D. Daniel Licht, AICP 24 August 2020 2 October 2020 Otsego — Harpster Variance/Admin Subdivision 101.01 Ms. Ladonna Harpster owns 48.21 acres located south of River Road (CSAH 42) at Rawlings Avenue (CSAH 36). The property is divided by the right-of-way easement for CSAH 36 into 2 parcels. The property owner is requesting approval of a variance for density greater than allowed within the A-1, Agriculture Rural Service District and an administrative subdivision to recognize 2 lots of record as caused by the bisecting of the property by public right-of-way. A public hearing has been noticed for the Planning Commission meeting on TUESDAY, 8 September 2020 to consider the applications. Exhibits: ■ Site Location Map ■ Certificate of Survey ANALYSIS Comprehensive Plan. The subject site is planned for future low density residential use within the East Sewer District. Extension of sewer and water utilities will involve construction of trunk sewer collection and water distribution pipes from the Meadowlands at Riverpointe subdivision % mile to the south. Until sewer and water utilities are extended, the 2012 Comprehensive Plan guides that the subject site is to be maintained as rural land uses at a density of 1 dwelling unit per 40 acres, which allows for construction of 1 single family dwelling upon the property. Zoning. The subject site is zoned A-1 District, which allows the current cultivated fields as a permitted use. Single family dwellings at a density of 1 dwelling unit per 40 acres with a minimum lot area of 20 acres are also allowed as a permitted use within the A-1 District. Lot Requirements. Lots within the A-1 District existing prior to 14 October 2002 must have a minimum area of 1 acres and minimum width of 150 feet. As the right-of-way for CSAH 36 bisected the property prior to 14 October 2002, these are the lot requirement applicable to the separate parcels. The proposed parcels have the following area and width as shown in the table below and exceed the applicable A-1 District requirements. Lot Area Lot Width Parcel A 60.73 +1,300ft. Parcel B 6.88 +340ft. Setbacks. The table below states the setbacks required for lots within the A-1 District applicable to the proposed parcels. Each parcel has adequate area within the required setbacks to allow for construction of a single family dwelling. CSAH 42/ Side Rear CSAH 36 65ft. ROA 10ft. 50ft. 130ft. centerline Access. The Wright County Long Range Transportation Plan designates CSAH 42 as a minor arterial roadway and CSAH 36 as a major collector street. Parcel A has frontage to River Road (CSAH 42) and Rawlings Avenue (CSAH 36). The primary access to Parcel A is at its southeast corner, but it appears that the site has been accessed at other locations as well. Section 11-21-6 of the Zoning Ordinance prohibits direct lot access to arterial roadways for traffic management purposes. The primary access to Parcel A will be required to be from CSAH 36. Any relocation of the existing driveway from CSAH 36 would be subject to Wright County review and approval. Parcel B also has frontage to River Road (CSAH 42), Rawlings Avenue (CSAH 36). Parcel B has an existing access to CSAH 42 that is shared with 2 parcels abutting its east line. The functional classifications for CSAH 42 and CSAH 36 are noted above. Although CSAH 36 has a lower functional classification than CSAH 42, the shared access is to be maintained to limit the number of driveways onto both CSAH 42 and CSAH 36. A driveway serving a single family dwelling on either Parcel A or Parcel B will be required to be paved in accordance with Section 11-21-7.C.2 of the Zoning Ordinance. Easements. Section 11-8-10.A of the Subdivision Ordinance requires dedication of 10 foot wide drainage and utility easements at the perimeter of each parcel. The Certificate of Survey must be revised to provide for dedication of the required drainage and utility easements. All easements are to be subject to review and approval of the City Engineer. Utilities. Each of the proposed parcels will be served by individual on -site septic and well utilities until such time as sewer and water utilities are extended. 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 for each parcel and will be subject to review and approval of the Building Official. 2 Park Dedication. 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. Park dedication requirements will be imposed at such time in the future as the property is proposed for rezoning and subdivision in accordance with the future land uses guided by the 2012 Comprehensive Plan. Variance. The subject site is bisected by right-of-way for Rawlings Avenue (CSAH 36) resulting in 2 parcels. The City has recognized in the past through approval of a variance that parcels subdivided by public right-of-way effectively creates separate lots of record that should be entitled to at least 1 development right. Consideration of the variance for the subject site to be based on the following 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 maybe 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-1 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 parcels severed by public right-of- way consistent with the intent of the A-1 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 establishment of public right-of-way for Rawlings Avenue (CSAH 36). 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 proposed variance allowing for 2 rural residential lots will not alter the character of the area, which consists of rural agricultural parcels and residential dwellings. 6. That the requested variance is the minimum action required to eliminate the practical difficulty. Comment: The public right-of-way for Rawlings Avenue (CSAH 36) severs the subject site into 2 parcels and requested variance to allow a development right to each of the severed parcels is the minimum action required to ensure a reasonable use of each parcel as provided for by the Zoning Ordinance. RECOMMENDATION City staff recommends approval of the variance application as outlined below based on the action being required due the property being effectively subdivided by public right-of-way creating 2 separate parcels. POSSIBLE ACTIONS A. Motion to recommend City Council approval of a variance subdividing PID 118-500-364200, subject to the following conditions: 1. Parcel A and Parcel B 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. Driveway access to Parcel A from CSAH 42 shall be prohibited. 3. The existing driveway access to Parcel B from CSAH 42 shared with PID 118-500-364101 and PID 118-500-364102 shall be maintained; driveway to CSAH 36 shall be prohibited. 4. 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 criteria established by the Zoning Ordinance, C. Motion to table. C. Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Ron Wagner, City Engineer David Kendall, City Attorney .19 Rim 5q kTL4m I =118W 118500 621 " IWI 91 all ill 110 / � !! !! � t �/ \/ \ \ /§&\. m . | E . U 0to ]! !! / O tCI�F e o MINNESOTA V APPLICANT: Ladonna Harpster 9 Sep 2020 FINDINGS & DECISION VARIANCE APPLICATION: Request for a variance to allow subdivision of PID 118-500-364200 divided by a public right-of-way. CITY COUNCIL MEETING: 14 September 2020 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 attached as Exhibit A. B. The property is guided for low density residential land uses within the East Sewer District by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned A-1, Agriculture Rural Service District. D. The property is divided into 2 parcels by the public right-of-way easement for Rawlings Avenue (CSAH 36). E. The formal subdivision of the property based on the division by public right-of-way requires consideration of a variance related to allowed density within the A-1 District established by Section 11-51-6.B of the Zoning Ordinance. F. Consideration of the variance by the Planning Commission and City Council 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. Finding: 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]. Finding: The purpose of the A-1 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 parcels severed by public right-of-way consistent with the intent of the A-1 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. Finding: The need for variance has been caused by public action related to establishment of public right-of-way for Rawlings Avenue (CSAH 36). 4. That the purpose of the variance is not exclusively an economic consideration. Finding: 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. Finding: The proposed variance allowing for 2 rural residential lots will not alter the character of the area, which consists of rural agricultural parcels and residential dwellings. 6. That the requested variance is the minimum action required to eliminate the practical difficulty. Finding: The public right-of-way for Rawlings Avenue (CSAH 36) severs the subject site into 2 parcels and requested variance to allow a development right to each of the severed parcels is the minimum action required to ensure a reasonable use of each parcel as provided for by the Zoning Ordinance. H. The planning report dated 24 August 2020 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 8 September 2020 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: Parcel A and Parcel B 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. Construction of new driveway access(es) to Parcel A or Parcel B from CSAH 42 shall be prohibited. 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: 2 ADOPTED by the City Council of the City of Otsego this 14th day of September, 2020. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: Tami Loff, City Clerk 3 EXHIBIT A