PUBLIC HEARING: Consider a Request for a Variance to the Ordinary High Water Setback of the Mississippi River and to the Use of Municipal Services for the Property Located at 14740 Bowers Dr NW; Case of Kevin Fluegel

The City has received an application for a variance to lot area, lot width, river setbacks, and connection to City services to facilitate the construction of a single family home on the property located at 14740 Bowers Dr NW (the "Subject Property"). The Subject Property is located within the Critical River Overlay District (along the Mississippi River), and thus is subject to standards of the Critical River Overlay District in addition to those found in the R-1 Residential (MUSA) District.

Staff attempted to notify all Property Owners within 350 feet of the Subject Property of the Public Hearing. A Public Notice was also advertised in the Anoka Union.  Staff also sent information related to this request to the Minnesota Department of Natural Resources (DNR) because the Subject Property is in the Critical River Overlay District.

The Subject Property is located in the Bowers Mississippi Acres plat, which was approved in 1948.  The plat approval occurred well before the implementation of the Critical River Overlay District, which was done circa 1985.  The Subject Property is approximately 0.62 acres in size and is 100 feet in width.  Both the lot area and lot width are consistent with the other lots within the Bowers Mississippi Acres plat.  The Subject Property is in the R-1 Residential (MUSA) District, as are all the other parcels along Bowers Drive.  However, both sanitary sewer and municipal water are about a mile or so from the Subject Property.  Thus, all built lots along Bowers Drive are presently serviced by private wells and individual septic systems.

The Critical River Overlay District, which again was implemented well after the approval of the Bowers Mississippi Acres plat, identifies this portion of the Mississippi River as being in the Rural Service Area.  Within this area, minimum lot size shall be two and a half (2.5) acres, minimum lot width shall be 200 feet, and the minimum setback from the Ordinary High Water (OHW) level of the Mississippi River shall be 200 feet.  The Subject Property is lawful non-conforming as it relates to lot area and lot width due to when it was platted; however, that designation does not apply to the river setback standard.

The proposed home location and attached deck would be at least 136 feet from the OHW level.  The proposed location appears to be generally consistent with the location of the homes on the adjacent two (2) lots.  The proposed home would exceed all other applicable setbacks.  As part of the building permit application submittal, the Applicant will need to identify the location of the septic system, which will need to be at least seventy-five (75) feet from the OHW level, and also provide a tree inventory as well for review.

When contemplating a variance request, there is a three (3) factor test for practical difficulties that must be met by the Applicant.  The following are the three (3) factors:

1. Is the property owner proposing to use the property in a reasonable manner?
2. Is the landowner's problem due to circumstances unique to the property not caused by the landowner?
3. If granted, would the variance alter the essential character of the locality?

The request appears to satisfy all three (3) factors.  The proposed single family home is a permitted use in the zoning district.  The property was platted in 1948 in accordance with all provisions at that time, which was prior to the adoption of the Critical River Overlay District.  The required setback from the OHW level of the river is not feasible based on the depth of the lot, which was not the result of any action of the Applicant.  Finally, the proposed location appears to be consistent with the surrounding parcels and thus would not alter the essential character of the neighborhood.

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

City Staff recommends approving Resolutions #14-02-028 and #14-02-029 related to a request for a variance to the setback from the OHW level of the MIssissippi River and to the use of sanitary sewer and municipal water on the Subject Property.

Motion to adopt Resolution #14-02-028 approving Findings of Fact #0921 related to a request for a variance to the setback from the OHW level of the Mississippi River and to the use of sanitary sewer and municipal water;
 
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Motion to adopt Resolution #14-02-029 approving the request for a variance.