PUBLIC HEARING: Consider Sketch Plan and Related Variances for a Proposed Minor Plat of Pearson Place 2nd Addition at the Southwest Corner of Riverdale Drive and Highway 10 (Project No. 24-100); Case of John Dobbs

The City received an application from John Dobbs (the "Applicant") for a proposed Minor Plat of the property located south of Highway 10, west of Riverdale Drive, north of 148th Avenue, and east of Bowers Driver (the "Subject Property").  No roads or utilities will be constructed with this project as they are already in place.  The Subject Property abuts roads on all four sides, partially due to the City's extension of Riverdale Drive, which also included creating a cul-de-sac at the north end of Bowers Drive and the construction of 148th Avenue connecting Bowers Drive to Riverdale Drive.

Minor Plat
The Applicant is proposing to subdivide the Subject Property, which is approximately 1.05 acres in size, into three (3) single family residential lots.  The three (3) proposed lots will all be at least sixty-five (65) feet wide and all exceed the minimum required lot area of 6,500 square feet.  Each lot will be accessed from Bowers Drive.  When the City extended Riverdale Drive to connect to Highway 10, the Bowers Drive connection to Highway 10 was eliminated and replaced with a cul-de-sac.  As part of that project, three (3) utility services were installed to serve the Subject Property.  As there is no need to construct any roads or install utilities, this subdivision qualifies as a Minor Plat, which the Planning Commission would normally not review (Sketch Plan is reviewed by City Staff and then Final Plat would go straight to City Council).  However, during the review of the Sketch Plan, it was noted that multiple variances would be required, partially due to changes from the Zoning Code update.

Zoning and Land Use
The Subject Property is zoned R-1B Single Family Residential.  This zoning designation allows for sixty-five (65) foot wide lots with a minimum lot area of 6,500 square feet.  All three (3) lots meet or exceed the base bulk standards for width and area.  The surrounding properties are zoned R-1A Single Family Residential (west of Bowers Drive), R-1B Single Family Residential (south of 148th Avenue), and B-2 Community Business District (east of Riverdale Drive).  The Subject Property abuts Highway 10 to the north.

The 2040 Comprehensive Plan guides the Subject Property as Low Density Residential.  The surrounding properties are guided Low Density Residential (west and south of the Subect Property) and Commercial (east of the Subject Property).  The proposed density of this project is 2.85 units per acre.  

Roads and Utilities
As previously noted, there are no roads or utilities that will be constructed with this project.  Each of the three (3) lots will be accessed from Bowers Drive.  There are three (3) sets of sanitary sewer and municipal water stubs to the Subject Property that were installed as part of the Bowers Drive improvements that were completed in 2022/2023 (with anticipation of the Subject Property being subdivided into three [3] lots).  The Sketch Plan does indicate that each lot will be encumbered with standard drainage and utility easements (five [5] feet along common lot lines and ten [10] feet along right-of-way boundaries).

There is an existing Right of Way Easement that presently encumbers a portion of the Subject Property for the Bowers Drive cul-de-sac.  This easement will need to be vacated (Public Hearing to be held by the City Council) as the right-of-way will be formally dedicated to the public with the recording of the Final Plat. 

Variances
Multiple variances are necessary to complete this subdivision.  These include creating double frontage lots with parallel roads, the setback from an arterial road (Highway 10), and the width of a corner lot (supposed to be ten [10] feet wider than the minimum width of an interior lot).  Regarding the double frontage lots on parallel roads, this is an existing condition that was created by the City when Riverdale Drive was extended to connect to Highway 10 on the east side of the Subject Property.  In fact, the improvements associated with the Ramsey Gateway Highway 10 project resulted in the Subject Property being bordered by right-of-way/public roads on all four (4) sides.

The Zoning Code update that was recently completed modified the minimum setback from an arterial road (Highway 10).  The setback previously was sixty (60) feet from the centerline of the arterial road right-of-way plus the applicable local setback (in this case, twenty [20] feet).  Lot 3 would have met this standard.  However, as part of the Zoning Code update, the setback from an arterial road was modified to be sixty (60) feet.  As proposed, the house pad on Lot 3 would be approximately twenty-seven (27) feet from the boundary of the Highway 10 right-of-way.  When the concept of this subdivision was created (and used as the basis for 3 sets of utility stubs to be installed with the Bowers Drive improvements), it was based on the standards in City Code at that time.  When the City adopted the new Zoning Code, and therefore implemented a new setback standard, it created a practical difficulty for this project.

The third variance required relates to the minimum required width of a corner lot (in this case, only Lot 1 is considered a corner lot because the right of access along the northern boundary of the Subject Property was already dedicated to the State of Minnesota as part of the Riverstone South plat).  Per City Code Section 117-614 (h) (3), corner lots are to be ten (10) feet wider than interior lots.  So, Lot 1 should be seventy-five (75) feet wide rather than the standard width of sixty-five (65) feet for this zoning district.  As proposed, Lot 1 is seventy (70) feet wide while Lot 3 is approximately seventy-six (76) feet wide.  The additional width for Lot 3 makes sense, allowing that home to be slightly further back from Highway 10 and leaving some additional space to possibly accommodate plantings/berming/fencing if so desired.  Technically, it appears that Lot 1 could be widened five (5) feet and Lot 3 could be narrowed by five (5) feet, which would eliminate the need for this variance.  However, as noted already, it would seem more desirable to leave the additional width on Lot 3, simply due to that lot abutting Highway 10.

Three Factor Test for Variances

Per State Statute, a variance can be issued if zoning provisions result in practical difficulties for a property owner.  This includes reasonableness, uniqueness, and essential character. 

• Reasonableness: The proposed subdivision meets the standards of the R-1B Single Family Residential district in terms of lot area and width.  The double frontage is an existing condition created by the City's improvements associated with the Highway 10 Gateway project.  The arterial road setback is a new standard that was not in place at the time this subdivision was conceptually laid out.  Providing additional width to the lot abutting Highway 10 seems more beneficial than adding the extra five (5) feet of width to Lot 1.
• Uniqueness: The Subject Property is bounded by public roads on all four (4) sides, which was the result of actions by the City, not the Applicant.  The Subject Property had been envisioned to be subdivided into three (3) lots, evidenced by the City installing three (3) sets of utility stubs when Bowers Drive was modified.
• Essential Character: This subdivision will be similar in nature to the Riverstone South neighborhood to the south/east of the Subject Property.  Therefore, it should not alter the essential character of the area in the general vicinity of the Subject Property. 

Alternatives

Alternative 1: Approve the necessary variances that would allow the proposed subdivision to move forward to Final Plat.  There are practical difficulties that support granting a variance to the three (3) aforementioned standards (width of a corner lot, double frontage lots, and arterial road setback).  The City had anticipated the Subject Property subdividing into three (3) single family residential lots, which is apparent based on the three (3) sets of utility stubs being installed with the Bowers Drive improvements.  Staff supports this alternative.

Alternative 2: Do not approve the necessary variances to allow this subdivision to move forward to Final Plat.  As previously noted, two of the variances are direct results of actions by the City (extension of Riverdale Drive creating the double frontage condition and revamping the Zoning Code, which modified the setback requirement from an arterial road after this subdivision was conceptually designed).  While it appears that the width of the corner lot (Lot 1) could be increased five (5) feet to meet the minimum standard, that would result in the future home on Lot 3 being shifted slightly closer to Highway 10.  It seems more reasonable to keep the added width with Lot 3, so that it leaves a bit more space for plantings, a small berm, and/or privacy fencing should that be desirable by the future property owner.  Staff does not support this alternative.  

The Applicant is responsible for all costs associated with this application.

Staff recommends adopting Resolution #24-108 granting multiple variances associated with the proposed subdivision known as Pearson Place 2nd Addition.

Motion to adopt Resolution #24-108 granting a variance to standards addressing double frontage lots, additional width for a corner lot, and the setback from an arterial road.