PUBLIC HEARING: Consider Request for a Variance and Preliminary Plat Approval of Homestead Road Subdivision Located at 7131 166th Ave NW (Project #16-32); Case of CTW Group, Inc.

The City has received an application from CTW Group, Inc. (the "Applicant") seeking a variance to lot depth standards and preliminary plat approval for a proposed three (3) lot subdivision on the property located at 7131 166th Ave NW (the "Subject Property").  The Planning Commission reviewed the Sketch Plan at their November 3, 2016 meeting.  There is an existing dwelling on the proposed Lot 2 that would remain with two (2) new, buildable lots being created, one on each side of the existing dwelling.

City Staff attempted to notify all property owners within 700 feet of the Subject Property of the request via U.S. mail and published a notice of public hearing in the Anoka Union Herald, the City's official newspaper.

The Subject Property is zoned R-1 Residential (MUSA) and is approximately eight (8) acres in size.  The Subject Property is adjacent to 1/4 acre residential lots to the east and north (Brookfield development), a four (4) acre parcel to the west that is all wetland and owned by the City, and larger lot residential parcels south of 166th Ave also within the R-1 Residential (MUSA) district.  A significant portion of the Subject Property consists of wetlands and a large portion is within the Floodway District as well.

All three (3) lots meet or exceed the lot size and lot width standards for the R-1 Residential (MUSA) District.  City Code requires a minimum lot depth of 100 feet for a width of sixty (60) feet (e.g. 6,000 square feet of buildable area) that is not encumbered by wetland, wetland setback area, floodway, or steep slopes.  Lots 1 and 3 are slightly deficient regarding this standard, with Lot 1 being deficient 268 square feet and Lot 3 being deficient seventy-eight (78) square feet.  As part of the Sketch Plan review, the deficiency was noted on Lot 1, with the understanding that a variance would be necessary.  The deficiency on Lot 3 comes as a result of the Applicant shifting the proposed home location further south based on public comments provided as part of the Sketch Plan review.

The proposed subdivision does not include the construction of any new roads or sidewalks.  Each of the three (3) lots will be accessed from 166th Ave.  There is existing sidewalk along the north side of this road that was installed as part of the reconstruction of 166th Ave NW.  The sidewalk terminates just east of the western boundary of the Subject Property due to the presence of wetland.

The Applicant is proposing two (2) rain gardens to address the Lower Rum River Watershed Management Organization's infiltration requirements.  Staff is not opposed to this approach but additional details are required on each of the rain gardens as outlined in the Staff Review Letter.

The Environmental Policy Board (EPB) reviewed the Tree Preservation Plan and the request for a variance to the lot depth standard at their March meeting.  The EPB recommended approval of the Tree Preservation Plan contingent upon compliance with the Staff Review Letter.  The EPB also recommended approval of the variance request, as they felt that there would still be viable buildable area for the future homeowners to install features such as a deck and/or reasonably sized accessory building without encroaching into the required wetland, wetland setback of floodway. 

The proposed three (3) lot single family residential subdivision is a reasonable use of the property and appears to be generally compatible with the surrounding neighborhood.  Each of the three lots would still be two (2) plus acres in size, albeit much of that consisting of wetland area, which is larger than the abutting parcels to the north and east and the parcel to the west, owned by the City, is essentially all wetland too.  The Subject Property is rather unique with respect to the overall abundance of area encumbered by wetland and floodplain and the fact that five (5) sets of utility stubs were provided as part of a previous road reconstruction project (and only three [3] are proposed to be used).

Alternatives:

Alternative 1: Adopt Resolutions #17-04-077, #17-04-078 granting a variance to lot depth for Lots 1 & 3, Block 1 and recommend City Council approve the Preliminary Plat for Homestead Road Addition.  Even though the City, as part of the reconstruction of 167th/166th Ave, installed five (5) sets of utility stubs to the Subject Property, the Applicant has only proposed three (3) lots due to current standards.  The location of the existing dwelling on Lot 2 presents challenges to reconfiguring the boundaries to further reduce or eliminate the lot depth deficiencies.  However, it appears that there would still be viable buildable area on each of the lots to accommodate a future deck and/or reasonably sized accessory building.  This is a challenging site to work with based on the amount of wetland and floodplain and the proposed subdivision seems a reasonable use of the property.  Staff supports this alternative.

Alternative 2: Adopt Findings of Fact unfavorable to the Applicant, deny the requested variance to lot depth, and recommend that the City Council not approve the Preliminary Plat.  If the variance to lot depth is not granted, two (2) of the three (3) lots would not meet minimum standards and would be considered unlawful.  Staff is of the opinion that the Applicant has been reasonable with the proposed subdivision rather than attempting to fully utilize all five (5) sets of utility stubs.  The deficiency on Lot 3 is due to the Applicant attempting to address a concern raised from an adjacent property owner by repositioning the proposed home.  While the deficiency on Lot 1 is slightly greater, there still appears to be room to accommodate a deck (as shown on the Preliminary Plat) and some building area where a reasonably sized accessory building could be erected.  Staff does not support this alternative.
 

All costs associated with processing the Application are the responsibility of the Applicant. There are no City funds proposed to be utilized for the construction of this project.

City Staff recommends granting the variance to lot depth standards for Lots 1 & 3, Block 1 and approving the Preliminary Plat for Homestead Road Addition.

Motion to adopt Resolutions #17-04-077 and #17-04-078 approving favorable Findings of Fact and granting a Variance to lot depth for Lots 1 & 3, Block 1 and motion to recommend City Council approve the Preliminary Plat contingent upon compliance with the Staff Review Letter.