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
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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:
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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
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EXHIBIT A