PUBLIC HEARING: Consider Request for Variance to Platting Requirements at 7040 173rd Ave NW; Case of Makowsky Family Farm, LLC

On February 28th, 2012, the City received an application for a Variance to Platting Requirements to allow a metes and bounds subdivision at 7040 173rd Ave NW. Please note that this is considered a procedural variance under the City's Subdivision Code, and does not derive it's ability from the same enabling statute under the typical Zoning Code. As such, the Planning Commission does have more latitude in granting this type of Variance.

The request is to split an existing fifty-six (56) acre parcel into two (2) parcels. Parcel A will contain all existing structures and the existing dwelling unit. The remaining parcel (Parcel B) will remain vacant until re-platted in the future.

Staff attempted to notify all Property Owners within 350 feet of the Public Hearing via Standard US Mail. The Public Hearing was also published in the Anoka County Union.

Staff considered the request under the following conditions:

1. No new buildable lots shall be created
2. All future subdivision shall be completed in accordance with City Code requirements related to Platting
3. The Subdivider shall provide a thirty-three (33) foot wide perpetual/permanent road easement along the entire northern property line to ensure the capability of future roadway connections to serve future development in the event the two (2) parcels are sold separately
4. The Subdivider shall enter into a Development Agreement with the City agreeing to the terms above

The subdivision would create a 7.5 acre parcel that would ensure that all structures are consistent with applicable zoning regulations. The remaining parcel would be approximately 49.5 acres. The required easement shall specify that said easement can also be used for drainage, utility, and trail purposes and shall be all inclusive. In addition, the Subdivider shall be required to dedicate standard perimeter drainage and utility easements internal to Parcel A.

All costs associated with reviewing the application are the responsibility of the Applicant.

Staff recommends approval of the request, contingent upon the Subdivider entering into a Development Agreement that restricts the use of Parcel B and requires that any future subdivision is completed in accordance with Platting requirements.

Motion to adopt the resolution approving the Variance to Platting Requirements, contingent upon the Subdivider entering into a Development Agreement.

Please note, the Planning Commission is acting in a quasi-judicial capacity for this request for a variance. The Development Agreement will be forwarded to City Council for approval.

Finally, as a reminder, this case is a Public Hearing.