PUBLIC HEARING: Consider a Sketch Plan, Preliminary Plat, and Variance to Minimum Lot Size for Cedar Acres (Project #22-136); Case of Tom Dehn

Tom Dehn (the "Applicant") has applied for a Major Plat (Sketch Plan and Preliminary Plat) and Variance to minimum lot size to subdivide his property at 15060 Armstrong Blvd NW (the "Subject Property"). The proposal is a three (3) lot subdivision, with all lot sized lower than the required 2.5 acres. This necessitates approval of a Variance to the minimum lot size for all three (3) parcels. The Applicant is also proposing to extend and upgrade the existing substandard cul-de-sac to a full-sized cul-de-sac.

Staff attempted to notify property owners within 700 feet of the Subject Property, as reflected in the Anoka County Property Records, of the request for Sketch Plan / Preliminary Plat and Variance consideration and the Public Hearing to be held by the Planning Commission on September 29, 2022.  A notice of the Public Hearing was published in the Anoka County UnionHerald, the City's official newspaper.  Two proposed development signs were placed on the property.  A copy of the mailing map is provided in the case attachments.

The public hearing was continued to the October Planning Commission due to additional needed information and revisions to plans.  Residents that attended the September 29, 2022, meeting were informed the request would go to the October meeting. Staff provided contact information for those that planned to attend in person and were instructed to email City Staff for updates on the public hearing.

Summary
The Applicant is proposing a three (3) lot subdivision at the existing property of 15060 Armstrong Blvd NW. The request would require a Variance to all three (3) proposed lots for the minimum lot size (2.5 acre requirement). The property is zoned R-1 (Rural Developing) Residential and guided Rural Developing in the City's 2040 Comprehensive Plan. The property is currently 4.49 acres in size with an existing access onto Armstrong Blvd to the east. The two (2) new lots would have access to  151st Lane from the west, which is proposed to be extended by the Applicant and upgraded to a full cul-de-sac for the benefit of the public.

Preliminary Plat
The Preliminary Plat appears to meet all of the bulk standards of the current zoning district (with the exception of the minimum lot area), and does not propose a change to the Comprehensive Plan or approved zoning districts. A final plat will have to be reviewed and approved by the City Council at a later date, when the Preliminary Plat plans have been approved by City Staff.

Variance
The Applicant is proposing a Variance to minimum lot size for all three (3) lots of the subdivision. The minimum lot size for the R-1 (Rural Developing) District is 2.5 acres, and the proposed lot sizes are 1.11 acres, 1.40 acres, and 1.65 acres. When considering a Variance, the Planning Commission shall consider the following factors:

1. Will the variance allow the property owner to use the property in a reasonable manner?
2. Is the plight of the landowner due to circumstances unique to the property, and not created by the landowner?
3. Will the variance, if granted, alter the essential character of the locality?

The proposed subdivision is a reasonable use of the Subject Property (single family residences are a permitted use in the R-1 Residential District).  This proposal is unique in the sense that it would expand the existing cul-de-sac, and create a full cul-de-sac which would benefit the public. The three (3) resulting residential parcels would be comparable or larger than any of the existing residential lots in the neighborhood to the west where lots range from 0.72 acres to 1.29 acres.

EPB Meeting - 10/17/2022
The Environmental Policy Board reviewed the proposed subdivision at their regular meeting on October 17, 2022, and recommended approval (6-0 vote) of the project in regards to the natural environment aspects of the project (tree preservation and inventory plans).

Continuation of the Public Hearing:
At the September 29, 2022 regular meeting, the Planning Commission voted (5-1) to continue the public hearing to the October 27, 2022 meeting. The notification for the September meeting satisfied the requirements for notification of a public hearing, but due to the absence of plans, the request was required to go to the October meeting. Residents who attended the meeting were notified of the changed date for the public hearing, and Staff followed up with those individuals to answer any questions or concerns they may have had about the request.

Public Comments:
Public comments received regarding the request are attached to this case.

Alternatives:
Alternative 1: Approve the Variance and recommend approval of the Preliminary Plat for Cedar Acres. The Applicant's proposal meets most of the minimum standards of the Zoning Code, is consistent with other properties in the neighborhood, and is a reasonable request. Staff supports this alternative.
Alternative 2: Recommend approval of the preliminary plat with modifications that the Planning Commission desires along with the Variance to minimum lot area. 
Alternative 3: Deny the Variance and recommend denial of the Preliminary Plat for Cedar Acres based on certain findings. The request seems to satisfy the Variance criteria, and is a reasonable use of the property based on the surrounding property sizes. The extension of the cul-de-sac would have benefits for surrounding property owners, and the City for snowplowing in the winter. Staff does not support this alternative.
 

All costs associated with this request are the Applicant's responsibility.

Staff recommends adopting Resolution #22-232 Approving a Variance to Minimum Lot Size for Cedar Acres

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 Recommend the City Council adopt Resolution #22-233 Approving a Sketch Plan and Preliminary Plat for Cedar Acres

Motion to adopt Resolution #22-232 Approving a Variance to Minimum Lot Size for Cedar Acres

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Motion to recommend the City Council adopt Resolution #22-233 Approving a Sketch Plan and Preliminary Plat for Cedar Acres