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HomeMy WebLinkAboutItem Work SessionCity of Lakeville Planning Department M e morandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: May 11, 2018 Subject: Packet Material for the May 17, 2018 Planning Commission Work Session Agenda Item: Craig Jensen Variance Discussion BACKGROUND Craig Jensen, 10561 – 202nd Street, has discussed with staff that he wants to apply for a variance to allow the subdivision of a 50-55 foot wide lot from his existing combined three parcels that abut Lake Marion. The property is in the RS-3, Single Family Residential District and the Shoreland Overlay District. A minimum lot width of 85 feet is required as well as a minimum lot area of 20,000 square feet since the property abuts Lake Marion. Staff suggested that Mr. Jensen meet informally with the Planning Commission to discuss his plans and get preliminary input from the Planning Commission regarding a possible variance request. This memorandum will present the information submitted by Mr. Jensen in addition to staff comments regarding the requisite variance criteria to establish practical difficulty and demonstrate consistency with the goals and objectives of the comprehensive plan. EXHIBITS A. Aerial Photos (3 Pages) B. 1910 Plat of Marion Heights C. 1984 Property Survey 2 PLANNING ANALYSIS The Jensen property consists of three platted lots created in 1910 as part of the Marion Heights plat. The lots are approximately 225 feet in depth. Each of the three combined lots are approximately 50-53 feet in width at the front setback line from 202nd Street. The property is relatively flat for the first 150 feet from 202nd Street toward Lake Marion where it slopes steeply toward the lake for the last 60 feet. The steep slope toward the lake appears to meet the Zoning Ordinance definition of a bluff with a rise in elevation of at least 25 feet from the Ordinary High Water Level (OHWL) and a slope of more than 30%. Conditions that define a bluff will have to be formally determined with the submittal of a survey. If the property were subdivided, a future building on the property will have to be set back at least 30 feet from the bluff edge. The Juno Trail pedestrian trail runs along the lake side of the property. The minimum subdivision and development requirements and the criteria for a variance in lake shore areas in Minnesota have their origins from legislative statutes dating back to the mid-1970’s that requires all cities and counties in Minnesota to apply certain standards for development and Zoning Ordinance enforcement. Standards for the consideration of variances also fall partly under these requirements. Sections 11-6-5 and 11-102-15 of the Zoning Ordinance set forth specific criteria that must be demonstrated and considered to determine whether a variance is warranted. The practical difficulties test requires the property owner to demonstrate that the proposed use of the property is reasonable and that he is prevented from compliance with the Zoning Ordinance due to certain practical difficulties. The Zoning Ordinance requires that the following criteria be met: Section 11-6-5 (All Variances) A. That the variance would be consistent with the comprehensive plan The comprehensive plan guides the property for low density residential development. The property is located in Comprehensive Plan Neighborhood Planning District No. 3 which states a goal encouraging compatible land use patterns and a high quality residential character. Mr. Jensen’s proposed ot size and lot setback for a lake shore property would require a variance. B. The variance would be in harmony with the general purposes and intent of the Zoning Ordinance. The general purpose of the Zoning Ordinance is to require (lake shore) lots to provide a minimum amount of lot area, open space between front, side and rear yards of buildings and from the Ordinary High Water Level of the lake. The proposed 11,800 square foot lot 3 area proposed by Mr. Jensen would be approximately 60% of the required 20,000 square feet. The lot width would be 59% of the required minimum width of 85 feet. Eight legal non-conforming single family lots in the neighborhood along 202nd Street do not meet the minimum lot width or lot area requirements for the RS-3 and/or Shoreland Overlay District. Two of those eight parcels remain undeveloped, under common ownership, and located southeast of the Jensen property. The two noted lots will be combined into one parcel as a condition of approval of future building permit unless a variance is approved from the lot area and lot width requirements. C. That the plight of the landowner is due to circumstances unique to the property not created by the applicant. The landowner proposes a subdivision of a legal conforming property that would result in one non-conforming lot in terms of minimum lot area, lot width, and possibly setback requirements. D. That the purpose of the variance is not exclusively economic considerations. The request is exclusively economic by creating a lot for sale for the construction of a new home on the property. E. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. The proposed variance for a lot less than the allowed width would increase the number of non-conforming lots in the neighborhood. Furthermore, other property owners in the area may assume they are entitled to a similar variance. F. That the requested variance is the minimum action required to eliminate the practical difficulty. There is no means of subdividing a 150 foot wide parcel that would meet minimum Zoning Ordinance requirements. If the existing house were to be removed and the property was divided evenly, the lot would still not meet the minimum lot width of 85 feet. G. Variances may not be approved for any use that is not allowed by the Zoning Ordinance for property in the zone where the affected person’s land is located. Single family residential uses are allowed in the RS-3 District. 4 Section 11-102-23 (Variances in the Shoreland Overlay District) A. Result in the placement of an artificial obstruction which will restrict the passage of storm and flood water in such a manner as to increase the height of flooding, except obstructions approved by the watershed districts in conjunction with sound floodplain management. The construction of a new house would not be located in a floodplain and would not create an artificial obstruction that would restrict the passage of storm and flood waters resulting in the height of flooding. B. Result in incompatible land uses or which would be detrimental to the protection of surface and ground water supplies. The increase in density contrary to the objectives of the Shoreland Overlay District would create an additional lot and home on a property smaller in width and size than is allowed. Owners of other undeveloped parcels in the vicinity could expect a similar variance. C. Be not in keeping with land use plans and planning objectives for the city or which will increase or cause damage to life or property. Between 1980 and January 1, 1999, there existed language in the Shoreland Overlay District that required non-conforming contiguous parcels under common ownership to be combined to form one parcel of at least 70% of the minimum lot width and lot area requirements. Such combined lots would then be considered legal conforming parcels. This provision stated the objective to reduce density in the Shoreland Overlay District, provide the required greenspace and open space for lots, and recognize the existence of separate parcels along the lakes that were non-conforming and would require variances to be developed if not previously combined within the allowed timeframe. The Jensen lots have been combined into a single parcel since before 1977. Such lots that were not combined would require a variance for the construction of a new home on a lot less than the minimum lot size for the zoning district. Creating a lot less than the minimum lot width of 85 feet and 20,000 square feet in area would be inconsistent with the objective to reduce non-conforming lots and residential density in the Shoreland Overlay District. Section 11-102-13.D.3 allows pre-existing platted lots or parcels in existence before January 1, 1980 to have side yard setbacks of 10 feet. A subdivision resulting in new lot lines inconsistent with the Marion Heights plat would require 20 foot side yard building setback. D. Be inconsistent with the objectives of encouraging land uses compatible with the preservation of the natural landforms, vegetation and the marshes and wetlands within the city. 5 A variance for lot size and lot width and an increase in residential density would be inconsistent with the objectives of the Shoreland Overlay District. E. No permit or variance shall be issued unless the applicant has submitted a shoreland impact plan as required and set forth in this chapter. In granting any variance, the council may attach such conditions as they deem necessary to ensure compliance with the purpose and intent of this chapter. As shoreland impact plan is not required for the construction of permitted uses in the RS-3 District. F. The criteria established by section 11-6-5 of this title are met. All requirements for the consideration of a variance would have to be met as established in Section 11-6-5 of the Zoning Ordinance. Mr. Jensen and Planning Department staff looks forward to your input and direction on this variance request.