PUBLIC HEARING: Centra Homes - Variance to Side Yard Right-of-Way - 7597 147th Lane NW

Garden View was originally approved in 2020 as an 18-lot single-family subdivision the north side of 147th Lane NW where the developer proposed to construct factory-built modular constructed homes.  These homes had identical footprints with attached two-car garages.  Only three such homes were constructed in 2022 and the developer subsequently halted home building in the development.  Centra Homes recently purchased all but one of the vacant lots in the subdivision from the original developer and has been constructing a variety of single-family homes from their portfolio.  One of the homes that Centra Homes (the applicant for this case) is proposing to build does not meet the required 20-foot side-yard setback on the west side of the westernmost lot and is requesting a variance.   The property is zoned R-1C Single Family Residential District.  

The land to the west of Garden View was platted approximately 15 years earlier as Ramsey Town Center Center 8th Addition and included right-of-way for Town Center Drive (now known as Center Street NW).  Outlots within that plat were subsequently replanted into unique developments--Ramsey Town Center 9th Addition (Parkside Village Townhomes), Vistas at North Commons, COR Three, Cor Three North Commons, and Ramsey Town Center 10th Addition.  When Garden View was going through the review and entitlement process in 2020, a request was made to vacate some of that right-of-way for Town Center Drive as it was seen as an excessive amount that was needed for a future two-lane residential collector roadway.  The vacated right-of-way was intended to be combined into Garden View to increase the area of the westernmost lot (the subject property). 

The vacation was approved by the City Council, but the process was never completed.  In a right-of-way vacation process, the vacated land goes back to the plat from which it was created, not necessarily the adjacent property.  Ramsey Town Center 8th Addition being re-subdivied several times.  On top of all that, a Torrens-Abstract line would have required a re-plat or Proceeding Subsequent to officially combine the property.  It appears that the title issues needed to transfer the vacated area to Garden View were too complicated to finalize.  The whole process appears to have been rendered moot as the anticipated modular home design would have met setbacks.   

The home Centra is proposing has a three-car attached garage, typical of many homes in surrounding single-family neighborhoods to the east and north.  Though a 2-car design could have been selected, the applicant is proposing a design that is more desirable in the Ramsey market.  

Variance Review
In reviewing the request for a variance, the applicant must provide justification for it based on criteria derived from State Law.  These criteria are called "practical difficulties."  The following is a list taken from City Code:

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's letter attached to this case uses Criteria #3 above in that the large right-of-way will cause the house to appear to have the proper setback.  Additionally, it is reasonable to state that Criteria #1 is met in that a 3-car garage is typical in the surrounding neighborhoods to the east and north of the site.  

It should be noted that the property to the immediate north of the Garden View lots was platted as an outlot for future development.  It is likely that this property will be developed in the next couple of years, necessitating the extension of Center Street.  There is also a long-term vision of extending that street northward to meet where 149th Avenue bends into Uranimite Street.  This extension would provide the neighborhood to the north an alternative route without needing to access Ramsey Boulevard or Armstrong Boulevard.    

Public notificiation was mailed to properties within 350 feet of the site.  A "proposed development" sign was placed on the property.  A notice was placed in the December 6 Anoka Union Herald Newspaper.  

Alternatives to Consider:
1.  Approve the variance as requested by the applicant and recommended by staff.
2.  Approve the variance with modifications or reasonable mitigation measures.
3.  Deny the variance based on specific findings. 

The Planning Commission has approval authority on variances, though the Commission's decision can be appealed to the City Council by the applicant or any party who may feel the Commission's decision was incorrect.    

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

Staff recommends approval of the variance.  

Motion to adopt Resolution #24-361 approving a variance to side-yard right-of-way setback in Garden View.