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HomeMy WebLinkAbout2010-02-17 PACKET 04.N.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 2/17/10 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Consider approving a minor subdivision of a 4.67 -acre residential estate parcel at 7560 Harkness Avenue South into two lots: Lot 1 which would be 1.62 acres and contains an existing residence, and Lot 2 which would be 3.05 acres and is vacant. 2. Consider approving a variance to the minimum lot width requirement of 180 feet to allow the proposed lot that includes the existing residence to be 160 feet wide. STAFF RECOMMENDATION Adopt the resolution approving the lot split and variance for the property at 7560 Harkness Avenue South. ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED ® PLANNING 1/25/10 ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John M. Burbank dated 2/9/10 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 1/25/10 Planning Commission meeting minutes Zoning Map Detail Site Survey with proposed lot lines and sketch plat ADMINISTRATORS COMMENTS ■ Administrator Date COUNCIL ACTION TAKEN: ®APPROVED ❑ DENIED ❑ OTHER 46 Y — ozs- CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: February 9, 2010 RE: Lot Split and Variance — 7560 Harkness Avenue South Proposal The Commission is requested to consider applications received from Tom Ott, owner of a resi- dential property at 7560 Harkness Avenue, for the following: 1. A minor subdivision of a 4.67 -acre residential estate parcel at 7560 Harkness Avenue South into two lots: Lot 1 which is proposed at 1.62 acres and contains an existing resi- dence, and Lot 2 which is proposed to be 3.05 acres and is vacant. 2. A variance to the minimum lot width requirement of 180 feet to allow the proposed lot that includes the existing residence to be 160 feet wide. 0 The Planning Commission held a public hearing at their regular scheduled meeting on January 25, 2010. The notice announcing this public hearing was published in the South Washington County Bulletin on January 13, 2010. On that same date, public hearing notices were mailed to all property owners within 500 feet of the proposed lot split property. The Commission recom- Honorable Mayor, City Council, and Ryan Schroeder Lot Split and Variance 7560 Harkness Avenue. February 17, 2010 Page 2 of 5 mended unanimously that the City Council adopt the amendment. The minutes from the Planning Commission meeting are attached. cn, e . r .I The property has an existing single - family home that is rented. The current renters wish to pur- chase the home from Mr. Ott with a lot size that meets the minimum acreage size requirement of the current zoning district. The remainder parcel would remain in the applicant's possession pending future sale or development. The minimum lot size variance request accommodates the use of a shared driveway between the two parcels, and enhances the future subdivision layout potential of the remaining lot. Planning Considerations Ordinance Criteria Title 10 -2 -1 of the code addresses rural subdivision procedures. These criteria have been met with the application material. Comprehensive Plan The property is currently guided for Low Density Residential. The proposed use is in conformance with this land use designation. Zoning The property is currently located in two zoning districts. The portion of the lot that contains the resi- dence and is located closest to Harkness Avenue is zoned R -2, Residential Estate. This has a minimum density requirement of one dwelling unit per 1.5 acres. The back half of the parcel is zoned UR, Urban Reserve, which has a minimum density requirement of one dwelling unit per 20 acres. The split zoning is a result of when development of the West Draw area was first started in the mid 1990s. The UR zoning district did not follow property lines. This resulted in some split zoned properties with undefined zoning delineation lines. The UR district was created to limit pie- p d l..� .. . t / I ! d � f r � a � i i � � v � d I I! f � .�%� 6a8•da1tlY `mow. £ � j � � � i l � d Y9 ±.• R wxuadn q.:Fn*r Einmw &, ex I �i GG xmh0�2 wx.id ! Planning Considerations Ordinance Criteria Title 10 -2 -1 of the code addresses rural subdivision procedures. These criteria have been met with the application material. Comprehensive Plan The property is currently guided for Low Density Residential. The proposed use is in conformance with this land use designation. Zoning The property is currently located in two zoning districts. The portion of the lot that contains the resi- dence and is located closest to Harkness Avenue is zoned R -2, Residential Estate. This has a minimum density requirement of one dwelling unit per 1.5 acres. The back half of the parcel is zoned UR, Urban Reserve, which has a minimum density requirement of one dwelling unit per 20 acres. The split zoning is a result of when development of the West Draw area was first started in the mid 1990s. The UR zoning district did not follow property lines. This resulted in some split zoned properties with undefined zoning delineation lines. The UR district was created to limit pie- Honorable Mayor, City Council, and Ryan Schroeder Lot Split and Variance 7560 Harkness Avenue. February 17, 2010 Page 3 of 5 cemeal residential development in the District. Most of the UR zoned properties in the West Draw have been rezoned as development occurred. This is the case for the lands located to the west of the subject property. Based on an analysis of the current zoning, it has been determined that the existing residence on Lot 1 utilizes the one density allotment for the existing parent parcel under the current zoning situa- tion; Lot 2 should be restricted from developing until such time as the parcel is rezoned to a classi- fication that allows for more density. Approval of the application with this condition will not change the existing density allotment for the parent parcel. Property Characteristics The property is wooded with a varying degree of slope across the site. There is an existing single family home and accessory buildings on the property with associated private well and septic. Lot Configuration The proposed lot split creates a parcel of land configured to exceed the minimum lot size criteria of 1.5 acres for residential parcels with private well and septic. The existing lot is 360 feet in width, which could be divided to meet the current minimum lot width requirement of 180 feet for each lot. Based on site design discussions with staff, a variance has been requested by the applicant to the minimum lot width requirement to allow for the smaller lot to be 160 feet; the larger lot would be 199.97 feet wide. The variance request is related to the following findings: A. The Parent Parcel can currently be split into two 180 -foot wide lots. B. Creating a narrower lot containing the existing residence brings the new lot dimension closer to conformance with smaller lot zoning districts, which is the expected norm in the area in the future. C. Shifting the lot width wider for Lot 2 lot improves future subdivision design options. D. The wider lot would help maximize design options and minimize potential tree loss with any future subdivision of the vacant parcel. Setbacks The existing home and accessory structures on the site meet the required setbacks before and after the lot split. Sketch Plat City Code Title 10 -2 -1 requires that sketch plans be provided during the subdivision process in order to show how a property can be further developed in the future. These are commonly re- ferred to as "Ghost Plats." The applicant has provided a sketch for Lot 2 that identifies an inten- sified land use of attached town homes. This density would be in conformance with the existing Low Density Residential land use designation, but would require a rezoning to a higher density zoning classification. The initial cursory review of the sketch as proposed is consistent with the performance standards for zoning districts that allow attached housing. The requirement of a wider public or private roadway could limit site design options. Honorable Mayor, City Council, and Ryan Schroeder Lot Split and Variance 7560 Harkness Avenue. February 17, 2010 Page 4 of 5 f f � r 1 Transportation Access The current site access via an existing driveway is not proposed to change based on the applica- tion. Both of the new lots are proposed to share the same access in the current location via a cross access easement. Future development of the southern parcel to a higher density will require addi- tional site line analysis of the access location. A shared access is recommended. There is a private road easement along the north that benefits the property to the west, which is owned by the City. The full extent of what uses are permitted in the easement will be researched further, as there may be the need for future improvements as an open space trailway access as the surrounding area develops. Additional right -of -way width is recommended to be required to be dedicated along the portions of both parcels that abut Harkness Avenue. Typically the right -of -way requirement for one -half of a local street is 30 feet in width per adjacent property. Utilities The property is currently within the Metropolitan Urban Service Area (MUSA), and public utilities are located adjacent to the property. No utility connections are proposed as a part of the applica- tion. Failure of the private well and septic on the current site will require connection to public utili- ties. The new parcel will be required to connect to public utilities upon development. Connection to public utilities requires the abandonment of wells in accordance with State and County Guidelines. Drainage and utility easements are recommended to be dedicated to the City along all property lines. Grading /Drainage No grading will be completed in association with this application. A drainage and utility easement is currently dedicated to the City along the western property line of the parent parcel. This easement is for stormwater ponding along Hardwood Avenue and shall remain in effect. Tree Preservation Future development or redevelopment of either parcel will be subject to the City Tree Preservation Ordinance. Park Dedication In accordance with past practices, no park dedication fee will be required for the existing residence. The future development of the vacant parcel will require the payment of park dedication fees Honorable Mayor, City Council, and Ryan Schroeder Lot Split and Variance 7560 Harkness Avenue. February 17, 2010 Page 5 of 5 equivalent to the number of units allowed on the property by zoning at the time of building permit and at the rate applicable at the time of building permit. Area Charges and Assessments Since the property will not be connected to public utilities, not water or sanitary area charges will be required at this time. Future connections to public utilities would trigger the referenced area charges. The stormwater area charge is required with this subdivision. Utilizing the City's "rural friendly" area charge policy, the stormwater area charge in the amount of $ 7,750.00 for Lot 1 must be paid at the time of the release of the deed for recording with Washington County. Payment of the stormwater area charge for Lot 2 will be postponed until further development of the parcel and at the rate applicable to the land use current at the time of development. Recommendation That the City Council approve the following applications, based on the findings of fact and sub- ject to the conditions stipulated in the attached draft resolution: 1. A minor subdivision of a 4.67 -acre residential estate parcel at 7560 Harkness Avenue South into two lots: Lot 1 which is to be 1.62 acres and contains an existing residence, and Lot 2 which is to be 3.05 acres and is vacant. 2. A variance to the minimum lot width requirement of 180 feet to allow the proposed lot that includes the existing residence to be 160 feet wide. mwm�. MhOm No m v.i o 7 t a i vagge T J ONE O9 ails — W a .� t \\ § wt§ - % R � 9 099Z -------------- L — ^' ~ — { - -- §/ \( / -------------- L — ^' ~ — { - -- 0*161*111 I: �1 Z I< rich y A RESOLUTION APPROVING A MINOR SUBDIVISION OF A 4.67 -ACRE RESIDENTIAL PARCEL OF LAND AT 7560 HARKNESS AVENUE INTO TWO LOTS: LOT 1 WOULD BE 1.62 ACRES AND LOT 2 WOULD BE 3.05 ACRES; AND A VARIANCE TO THE MINIMUM LOT WIDTH REQUIREMENT OF 180 FEET TO ALLOW THE PROPOSED LOT 1 TO BE 160 FEET WIDE WHEREAS, Aspen Grove, LLC applied for a simple lot division to subdivide a 4.67 -acre residential parcel of land into two lots: Lot 1 would be 1.62 acres and Lot 2 would be 3.05 acres; and a variance to Title 11 -913-5, Development Standards in the R -2, Residential Estate zoning district, to reduce the required lot frontage of Lot 1, which includes an existing residence, from 180 feet to 160 feet. The property is legally described as: The East 726.00 feet of the North Half of the Northwest Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, EXCEPT the North 300.00 feet thereof; and also EXCEPT that part which lies westerly of a line parallel with and 60 feet to the left of the following described line: Commencing at the northeast corner of the Northwest Quarter of the Northwest Quarter of said Section 8; thence on an assumed bearing of South 00 degrees 17 minutes 47 seconds West along the east line of the West Half of the Northwest Quarter of said Section 8 a distance of 1115.00 feet to the point of beginning of the line to be described; thence southwesterly 429.00 feet along a tangential curve concave to the northwest having a central angle of 42 degrees 48 minutes 43 seconds and a radius of 574.14 feet; thence southwesterly 255.67 feet along a reverse curve having a central angle of 25 degrees 30 minutes 52 seconds and a radius of 574.14 feet; thence South 17 degrees 35 minutes 38 seconds West tangent to said reverse curve a distance of 837.71 feet; thence southwesterly 102.53 feet along a tangential curve concave to the southeast having a central angle of 08 degrees 57 minutes 09 seconds and a radius of 656.16 feet; thence South 08 degrees 38 minutes 28 seconds West tangent to last described curve a distance of 654.38 feet; thence southerly 209.19 feet along a tangential curve concave to the east having a central angle of 20 degrees 52 minutes 33 seconds and a radius of 574.14 feet and said line there terminating. Commonly known as 7560 Harkness Avenue South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held a public hearing on January 25, 2010; and WHEREAS, a planning staff report, which detailed specific information on the property and the application request, was prepared and presented; and Resolution No. 2010 -XXX Page 2 of 3 WHEREAS, the public hearing was open for public testimony and no one spoke for or against the application. The applicant was present at the meeting; and WHEREAS, the Planning Commission reviewed the criteria and findings established by the Zoning Ordinance for granting a variance. A summary of this criteria is as follows: 1) It must be determined that there are unique conditions that apply to the structure or land in question that do not generally apply to other land or structures in the same district; 2) That granting a variance must not merely serve as a convenience to the applicant but must be nec- essary to alleviate a demonstrable hardship or difficulty from the City's ordinance; and 3) Granting the variance must not impair health, safety, comfort, or morals or in any respect, or be contrary to the intent of the Zoning Ordinance or the Comprehensive Plan. The City may impose conditions and safeguards in granting any variance. WHEREAS, the Planning Commission unanimously (7 -to -0 vote) recommended to the City Council that the minor subdivision and variance be granted. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the simple lot division to subdivide a 4.67 - acre residential parcel of land into two lots: Lot 1 would be 1.62 acres and Lot 2 would be 3.05 acres; and a variance to Title 11 -9B -5, Development Standards in the R -2, Residential Estate zoning district, to reduce the required lot frontage of Lot 1, which includes an existing residence, from 180 feet to 160 feet, on the property legally described above. Granting of the variance to City Code Title 11 -9B -5, Development Standards in the R -2, Residential Estate zoning district, to reduce the required lot frontage from 180 feet to 160 feet is based upon the following findings of fact: A. The Parent Parcel can currently be split into two 180 foot wide lots. B. Creating a narrower lot containing the existing residence brings the new lot dimension closer to conformance with smaller lot zoning districts which is the expected norm in the area in the future. C. Shifting the lot width wider for Lot 2 lot improves future subdivision design options. D. The wider lot would help maximize design options and minimize potential tree loss with any future subdivision of the vacant parcel. BE IT FURTHER RESOLVED, the approval of this minor subdivision and variance is subject to the following conditions: 1. A deed restriction be created and recorded with Washington County prohibiting Lot 2 from developing until such time as it is rezoned to allow for additional density. 2. Direct vehicular access to Hardwood Avenue is prohibited for both parcels. Resolution No. 2010 -XXX Page 3 of 3 3. Additional right -of -way of a width in accordance with the direction of the City Engi- neer will be dedicated along the portions of both parcels that abut Harkness Avenue. 4. Ten -foot wide drainage and utility easements must be dedicated on the east and west property lines of each lot. 5. Five -foot wide drainage and utility easements must be dedicated on the north and south property lines of each lot. 6. The Stormwater Area Charge in the amount of $ 7,750.00 for Lot 1 parcel must be paid at the time of the release of the deed for recording with Washington County. 7. A shared driveway access is required. Future development of Lot 2 to a higher den- sity will require additional site line analysis of the access location and may trigger relocation of the common access. 8. A cross access and maintenance easement between the two lots will be created and recorded with Washington County. 9. The future development of Lot 2 acre parcel will require the payment of park dedication fees equivalent to the number of units allowed on the property by zoning at the time of building permit and at the rate applicable at the time of building permit. 10. Failure of the private well or septic on the current site requires connection to public utilities. 11. Lot 2 will be required to connect to public utilities upon development. 12. Future owners of Lot 1 will be notified about the existing recorded access easement along the north property line and that there is the potential for future access use in- tensification in the easement corridor. Passed this 17th day of February 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON JANUARY 25, 2010 6.2 Lot Split and Variance at 7560 Harkness Avenue — Case MS10 -003 Aspen Grove, LLC has applied for a minor subdivision of a 4.67 -acre residential estate parcel at 7560 Harkness Avenue South into two lots: one lot would be 3.05 acres and the other 1.62 acres that includes the existing residence; and a variance to the minimum lot width requirement to allow the proposed lot that includes the existing residence to be 160 feet wide. McCool summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Pearson asked to see the zoning map of the area. McCool displayed the map and pointed out the location of the parcel and the boundaries of the two zoning districts that run through the property. Pearson asked if there is just one lot south of the property. McCool responded yes. Pearson then asked about the use of that parcel. McCool stated it is vacant land. Messick opened the public hearing. No one spoke. Messick closed the public hearing. Linse asked for clarification on which lot would be brought into closer conformance with smaller lot zoning districts. McCool responded that the lot width requirements are 70 feet for single family lots in the West Draw area. If the lot was further divided in the future, the pro- posed 160 -foot wide parcel could become two lots with 80 -foot widths, would be similar to what is existing in the other residential neighborhoods in the West Draw. Rostad made a motion to recommend approval of the applications based on the find- ings of fact and subject to the conditions listed below. Pearson seconded. Findings of Fact: A. The Parent Parcel can currently be split into two 180 foot wide lots. B. Creating a narrower lot containing the existing residence brings the new lot dimen- sion closer to conformance with smaller lot zoning districts which is the expected norm in the area in the future. C. Shifting the lot width wider for Lot 2 lot improves future subdivision design options. D. The wider lot would help maximize design options and minimize potential tree loss with any future subdivision of the vacant parcel. Conditions o 1. A deed restriction be created and recorded with Washington County prohibiting Lo from developing until such time as it is rezoned to allow for additional de nsity. R .. Excerpt from Unapproved Planning Commission Minutes Lot Split and Variance at 7560 Harkness Avenue — Case MS10 -002 January 25, 2010 Page 2 of 2 3. Additional right -of -way of a width in accordance with the direction of the City Engi- neer will be dedicated along the portions of both parcels that abut darkness Avenue. 4. Ten -foot wide drainage and utility easements must be dedicated on the east and west property lines of each lot. 5. Five -foot wide drainage and utility easements must be dedicated on the north and south property lines of each lot. 6. The Stormwater Area Charge in the amount of $7,750.00 for Lot 1 parcel must be paid at the time of the release of the deed for recording with Washington County. 7. A shared driveway access is required. Future development of Lot 2 to a higher den- sity will require additional site line analysis of the access location and may trigger relocation of the common access. 8. A cross access and maintenance easement between the two lots will be created and recorded with Washington County. 9. The future development of Lot 2 acre parcel will require the payment of park dedica- tion fees equivalent to the number of units allowed on the property by zoning at the time of building permit and at the rate applicable at the time of building permit. 10. Failure of the private well or septic on the current site requires connection to public utilities. 11. Lot 2 will be required to connect to public utilities upon development. 12. Future owners of Lot 1 shall be notified about the existing recorded access easement along the north property line and that there is the potential for future access use in- tensification in the easement corridor. Motion passed unanimously (7 -to -0 vote).