04-15-02 PCHOItxI1114wasT ASSOCMATto calmSULTANTS" yeti
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
MEMORANDUM
TO: Otsego Mayor and City Council
Otsego Planning Commission
FROM: Daniel Licht
RE: Otsego - Specht Rezoning/Subdivision/CUP
REPORT DATE: 10 April 2002 APPLICATION DATE: 19 March 2002
NAC FILE: 176.02 - 02.10 CITY FILE: 2002-10
BACKGROUND
Ed and Beth Specht have submitted a request to divide their 87.5 acre parcel to separate
the existing single family home onto a new 5.5 acre lot. The purpose of the request is to
allowthe applicants to sell their existing home and build a new home adjacent to it on the
remaining 82 acres. As part of the application, a concept for the new home site as a future
4.6 acre parcel separate from the remaining 82 acre parcel has also been identified.
The subject property is located within an area established as Agriculture Preserve by the
1998 Comprehensive Plan. The 2002 Comprehensive Plan Update would include the
subject parcel within the Urban Service Reserve Area. Both the 1998 and 2002
Comprehensive Plans guided the area for continued agriculture land uses. The property
is currently zoned A-1 Agriculture- Rural Service Area District. The application involves
rezoning the property to an A-2, Agriculture Long Range Urban Service District due to the
proposed lot sizes and a conditional use permit to allowthe keeping of horses on both lots.
Exhibits:
A.
Site Location
B
Narrative
C.
Sketch Plan
Page 1 of 6
Zoning. The A-1 District, which the subject site is zoned, allows for development at a one -
per -forty density. The 87.5 acre size of the existing parcel has sufficent development rights
to allow the proposed lot split. However, the applicant's have requested a rezoning to A-2
District to allow for the residential lot sizes larger than the 2.5 acre maximum currently
allowed in the A-1 District.
The A-2 District currently has no maximum lot size, although revisions to the District will
be made to establish such provisions as specified by the Comprehensive Plan. In
amending the A-2 District based on the direction for non-farm subdivision in the Urban
Service Area Reserve, we would recommend that the new standards apply to those lots
created after a specific date. This will ensure that the City does not create any non-
conforming lots as part of the amendment process.
Lot Design. Within the A-2 District, the minimum lot size is one acre, minimum width of
150 feet, and minimum depth of 150 feet. The two proposed parcels conform to these
requirements. However, the common side lot line does not conform to Section 21-7-4.13
of the Subdivision Ordinance, which requires that side lot lines be at right angles to
streets.
The side lot line is proposed to extend 200 -feet back from the centerline of Mason Avenue,
then turn north at a right angle for 80 feet, then east again at a right angle. The purpose
of the irregular side lot line is to bypass a lowland area of the property and also provide
a building site for the new home that has a similar setback from the north property line as
the existing home. The applicant's concept would be to "square" the two lots with a future
division of the larger parcel on which the new home is located by extending a east -west
lot line from Mason Avenue to the southwest corner of the lot with the existing house.
We consistently recommend against the creation of flag type or otherwise irregularly
shaped lots because of potential future problems with resubdivision, property identification,
use, and the overall land pattern. However, the Planning Commission and City Council
have taken existing conditions as a factor in reviewing such requests. In this case, the
applicant's request is at least based on more permanent physical features associated with
the property that may justify the proposed lot designs.
Lot Split. Section 21-2-1.0 of the Subdivision Ordinance allows division of one parcel into
two lots by administrative action. Issues related specifically to the proposed lot split are
as follows:
• Right -of -Way. Mason Avenue exists as an uplatted roadway. As part of the lot
split, applicant should provide a 40 -foot right-of-way from the centerline of Mason
Avenue. The proposed 200 -foot depth of the side lot line before turning at a right
angle will still allow for at least 150 -feet of depth after detachment of the right-of-
way. The right-of-way dedication should be subject to review by the City Engineer.
Page 2 of 6
• Easements. Section 21-7-15 of the Subdivision Ordinance requires that perimeter
easements be provided for each lot. The easement is to be 10 feet wide, but may
overlay common lot lines (5 feet each side). Easements are also required over all
wetlands, watercourses, or waterbodies. All easements are subject to review and
approval of the City Engineer.
• Park and Trail Dedication. The proposed division will establish one new building
site, thus requiring park dedication. No parks or trails are planned that effect the
subject site. Therefore, satisfaction of park dedication requirements will be a cash
fee in lieu of land equal to $1,075.
• Utilities. The two lots are to be served by on-site septic and well systems. The
septic and well systems to serve the new dwelling will be subject to review and
approval of the Building Official. The well and septic system serving the existing
home will also be subject to review because at the time of property transfer.
Keeping Horses. Keeping of horses within the A-2 District is allowed as a conditional
use and is being considered for each lot. The minimum lot size for keeping horses within
the A-2 District is 2.5 acres, which the two proposed lots exceed. Additional
considerations are as follows, which should be incorporated as part of the CUP approval.
• Buildings for stabling horses may not be closer than 200 feet to any property zoned
R-1 District. There are no properties zoned R-1 within 200 feet of the two lots.
• The maximum number of horses stabled on each lot may not exceed one horse per
acre or ten horses, whichever is least.
• Shelter equal to 100 square feet of area per horse is required.
• Manure may not be stockpiled or applied within 300 feet of an adjacent residence,
300 feet from ditches, lakes and creeks or 200 feet from a private well as regulated
by Section 20-27-10 of the Zoning Ordinance.
• Hobby farm uses are subject to the accessory building size and material regulations
for residential uses outlined in Section 20-16-4 of the Zoning Ordinance:
Criteria. Sections 20-3-2.F and 20-4-2.F of the Zoning Ordinance establish the criteria
on which the Planning Commission and City Council are to base their decision for the
requested zoning amendment and conditional use permit. These criteria are (but not
limited to) the following:
1. The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Page 3 of 6
Comment: The Comprehensive Plan outlines a limited density allowance intended
to provide opportunities for rural character development in areas not planned for
sanitary sewer service. The 2002 Comprehensive Plan update specifies that non-
farm subdivisions in the Urban Service Reserve Area are to be limited to a minimum
lot size of or a maximum 2.5 acre lot size if less than 20 acres. In that the applicant
submitted their development application prior to adoption of the 2002
Comprehensive Plan Update, it is reasonable that the provisions of the 1998
document apply. In this context, the proposed rezoning is consistent with the City's
polices for rural unsewered development.
2. The proposed use's compatibility with present and future land uses of the area.
Comment. This area along Mason Avenue has developed with several large rural
lot parcels with single family homes. The proposed lot division and keeping of
horses is consistent with this character.
3. The proposed use's conformity with all performance standards contained in the
Zoning Ordinance (i.e., parking, loading, noise, etc.).
Comment: The proposed division and keeping of horses will conform to all
applicable requirements.
4. The proposed use's effect upon the area in which it is proposed.
Comment. The proposed division and keeping horses is not expected to cause any
negative effects as it is consistent with the framework of the 1998 Comprehensive
Plan under which application was made and character of the area.
5. The proposed use's impact upon property values of the area in which it is proposed.
Comment: Although no study has been completed, the proposed use is not
anticipated to negatively impact area property values.
6. Traffic generation by the proposed use in relation to the capabilities of streets
serving the property.
Comment: Mason Avenue has necessary capacity for any additional traffic created
by the property division and construction of another single family home.
7. The proposed use's impact upon existing public services and facilities including
parks, schools, streets, and utilities and its potential to overburden the City's
service capacity.
Comment: The proposed use is not anticipated to have a negative impact to the
City's service capacity.
Page 4 of 6
CONCLUSION
The proposed division of the applicant's property into two parcels and keeping of horses
on the properties is generally consistent with the provisions of the 1998 Comprehensive
Plan and Zoning Ordinance. The only significant issue is that our office would recommend
a lot split that provides for a straight side lot line. The Planning Commission and City
Council may accept this recommendation or accept the lot design based upon existing
natural conditions of the property and location of the existing dwelling.
Decision 1 - Zoning Map Amendment
A. Motion to approve a Zoning Map amendment rezoning the subject site from A-1
District to A-2 District based upon a finding that the request is consistent with the
policies of the Comprehensive Plan.
B. Motion to deny the application based upon a finding that the request is inconsistent
with the policies of the Comprehensive Plan.
C. Motion to table the request.
Decision 2 - Administrative Lot Split
A. Motion to approve an administrative lot split, subject to the following conditions:
1 An application with all required information for Minor Subdivision is approved
by City Staff.
2. The common side lot line is revised to be a straight line at a right angle to
Mason Avenue over its entire length.
3. Dedication of additional right-of-way for Mason Avenue is subject to review
and approval of the City Engineer.
4. The provision of easements is subject to review and approval of the City
Engineer,
5. The applicant pay a park and trail dedication fee in lieu of land equal to
$1,075.
6. On-site septic and well systems shall be subject to review and approval of
the City Building Official.
7. Comments of other City Staff.
Page 5 of 6
B. Motion to deny the request based upon a finding that it is inconsistent with the
Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance.
Decision 3 - Keeping of Horses CUP
A. Motion to approve a CUP allowing the keeping of horses on two lots within the A-2
District, subject to the following conditions:
1. The maximum number of horses stabled on each lot may not exceed one
horse per acre or ten horses, whichever is least.
2. Shelter equal to 100 square feet of area per horse is required.
3. Manure may not be stockpiled or applied within 300 feet of an adjacent
residence, 300 feet from ditches, lakes and creeks or 200 feet from a private
well as regulated by Section 20-27-10 of the Zoning Ordinance.
4. Buildings for keeping of horses are subject to the accessory building size
and material regulations for residential uses outlined in Section 20-16-4 of
the Zoning Ordinance.
5. Comments of other City Staff.
B. Motion to deny the application based upon a finding that the request is inconsistent
with the policies of the Comprehensive Plan.
PC. Mike Robertson
Judy Hudson
Andy MacArthur
Ron Wagner
Ed and Beth Specht
Page 6 of 6
6
ON THE GREAT RIVER ROAD
iz1'rz;8 4.3-0
City of Otsego April 2, 2002
We are submitting a sketch plan to you so as to verify our intentions with our property on
Mason Ave. The house we built in 1992 on the North side of our property sits on the 5.5
acres. We are exploring the options of selling our home and the before mentioned acres.
The sketch shows an 80 ftjog of the driveway parcel, so we will try to explain our
reasons for this. We have enjoyed our years in Otsego so much that our plan is to build
just west of our current home. The complication is that the terrain drops off rapidly to
some rather low and wet land. Since we want to maintain a neighborhood appeal for the
two homes, we want to make use of the high ground and align them so as to have a
similar set back from the north property line. This would also reduce the chances of
ground water problems for the new construction. The lot for the new home could then be
designed so as to square up the two parcels. The new lot and home will be serviced by a
new and separate driveway so as to negate any easement complications.
If you have any questions please contact us at 441-8486. Thank you for your time and
consideration of our request.
Ed & Beth Specht
EXHIBIT B
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