PUBLIC HEARING: Consider Variance and Minor Plat for 16950 Neon St NW (Project No. 19-105); Case of Jill Arnold

On March 1, 2019, the City received an application submittal from Jill Arnold (the "Applicant") for a variance, sketch plan, and final plat for a Minor Subdivision of the property located at 16950 Neon St NW (the "Subject Property").  The Planning Commission reviewed a concept of the proposed Minor Plat back in May of 2018 and generally supported a variance to lot size as it did not appear to alter the essential character of the surrounding neighborhood.

Staff has attempted to notify all Property Owners within 700 feet of the Subject Property via Standard US Mail of the Sketch Plan Review and Public Hearing for the Variance and has published a notice in the Anoka Union Herald.

The Subject Property is about 3.54 acres in size and within the R-1 Residential (Rural Developing) zoning district.  The Subject Property is also guided as Rural Developing in the Comprehensive Plan.  The surrounding parcels are all zoned R-1 Residential (Rural Developing) with the exception of the land directly east of the Subject Property (part of the Rum River Hills Golf Course), which is zoned and PUD (Planned Unit Development).  The surrounding residential parcels range in size from about 0.66 acres to roughly 7.12 acres.

There is an existing home with three (3) detached accessory buildings on the  northern portion of the Subject Property.  The Applicant desires to complete a lot split that will result in one new, buildable lot.  The Sketch Plan and Final Plat have been designed to ensure that all existing structures would meet the minimum required setbacks.  Furthermore, the combined square footage of the existing detached accessory buildings would comply with the standards for properties between 1.5 and 2.49 acres (eligible for up to 2,400 square feet total).

There is sufficient space to locate both a primary and secondary septic system.  Soil borings have been provided that show suitable soils for a septic system on what would be the new, buildable lot.  Access for the existing home would remain on Neon Street and access to the newly created lot would also be derived from Neon Street.  Staff has forwarded the Sketch Plan and Final Plat to MnDOT for review and comment but has not received any feedback as of the writing of this case.  Nonetheless, Staff has requested that the Final Plat be revised to include right of access dedicated to the State of Minnesota along the western boundary of Lots 1 & 2 (abutting Trunk Highway 47).

If approved, the new lots would be 1.65 acres (includes the existing home and all three detached accessory buildings) and 1.53 acres in size.  Both lots would be deficient of the minimum acreage required for the R-1 Residential (Rural Developing) zoning district.  However, the Subject Property abuts public roads on three (3) sides, Trunk Highway 47 to the west, Neon Street to the east, and 169th Avenue to the south.  Frontage along three roads, including a Trunk Highway, has greater impacts in terms of required right-of-way, than most other lots.

When considering a variance, there are three factors that must be considered to determine whether practical difficulties exist:

• Reasonableness: Splitting the lot to create one new, buildable lot does seem reasonable, especially when considering the majority of the surrounding residential parcels are smaller in size than either resulting lot.  Furthermore, just to the east and adjacent to the golf course are six (6), two (2) unit townhome buildings.
• Uniqueness: The Subject Property abut public roads on three (3) sides, including a Trunk Highway with greater right-of-way needs than a typical residential street.  It is rather uncommon for a lot to have frontage along three (3) different public roads, something that was not caused by the property owner.
• Essential Character: When reviewing the lot sizes of the surrounding residential parcels, both proposed lots will be larger than the most in the neighborhood, with the exception of the parcel directly to the north.  However, the existing home and detached accessory buildings would be on the northern lot and thus, there really would be no change with respect to this adjoining property.

Alternatives
Alternative 1: Motion to Adopt Resolution #19-075 granting a variance to minimum lot size and recommend City Council adopt Resolution #19-076 granting approval of the Final Plat of Hauck Addition.  The proposed Minor Plat would not alter the essential character of the neighborhood and seems reasonable based on the size of the surrounding residential properties.  Staff supports this alternative.

Alternative 2: Deny the variance request and recommend denial of the Final Plat.  The Planning Commission reviewed a conceptual lot split in May of 2018 and at that time, informed the property owner that the variance seemed reasonable and recommended moving forward with a formal application.  There do not appear to be any significant concerns that would warrant denying this request and thus, Staff does not support Alternative 2.

The Applicant is responsible for all costs related to this request.

Staff recommends adopting Resolutions #19-075 and #19-076 granting a variance to lot size and approving the Final Plat for Hauck Addition.

Motion to adopt Resolution #19-075 granting a variance to minimum lot size and recommend City Council adopt Resolution #19-076 granting Final Plat approval for Hauck Addition.