PUBLIC HEARING - DeeAnn Deiss Variance and Sketch Plan - 15321 Hematite St. NW

Ms. DeeAnn Deiss is the personal representative for the estate of Harries Everett Haugtvedt and is requesting the ability to subdivide a 3.87-acre property into two lots.  The property was once 5.0 acres in area.  About 30 years ago, right-of-way for Alpine Drive was acquired, making the property smaller. 

The property is proposed to be split for the heirs of the estate.  One lot would contain the existing home and the other lot would be for new single-family construction.  Without a variance to lot area, the property cannot be subdivided.  If the variance is approved, the applicant will return with a more detailed preliminary plat application.  What is attached to this case is a sketch plan showing that the proposed lot can accommodate a house site and septic sites for primary and secondary locations.  

The newly-adopted Zoning Code sets forth the following when reviewing variances:

106-220(C) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the Zoning Code. "Practical difficulties," as used in connection with the granting of a variance, means:
  (1) That the property owner proposes to use the property in a reasonable manner not permitted by the zoning code;
  (2) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
  (3) The variance, if granted, will not alter the essential character of the locality.
  (4) Economic considerations alone do not constitute practical difficulties.
  (5) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems and
  (6) Public takings of property due to condemnation.
  (7) Variances shall be granted for earth sheltered construction as defined in M.S. 216C.06, subdivision 14, when in harmony with this chapter. 

The applicant is using Practical Difficulties #3 and #6 above in justifying this variance request.  As noted previously, the property was once 5.00 acres in size allowing for subdivision.  Additionally, surrounding properties range in size from 0.88 acres (to the south), 0.98 acres (east), and 2.24 acres (northwest) and 1.27 acres (southwest).  The proposed lot areas of 1.83 and 2.04 acres in size will be larger than most of the surrounding properties.  There is one property to the north that is 4.72 acres in size.  
 

Notification was sent to property owners within 350 feet of the site.  A legal notice was placed in the January 12 Anoka Union Herald Newspaper.  Signs were placed on the property along Hematite St. and 153rd Lane NW.  

Alternatives to Consider:
1. Approve the variance resolution as recommended by staff.
2. Approve the variance resolution with any modifications or conditions that the Commission sees appropriate.
3. Deny the variance based on certain findings.

Additionally, please provide any feedback on the sketch plan if the case moves forward to a preliminary plat application.

All costs associated with this project are the responsibility of the applicant.  

Staff recommends approval of the variance.  

Motion to adopt Resolution #24-033 Approving a variance to minimum lot area northeast of Alpine Drive and Hematite Street Northwest.