PUBLIC HEARING: Consider Request for a Variance to Minimum Lot Size to Facilitate a Lot Split at 16520 Germanium St NW: Case of Paul and Mary Johnson

The City has received an application from Paul and Mary Johnson (the "Applicant") for a variance to the minimum lot size in the R-1 Residential (Rural Developing) district as well as the Scenic River Overlay District.  Ultimately, the Applicant desires to complete a lot split of their property located at 16520 Germanium St NW (the "Subject Property") to create one (1) new buildable lot.  However, prior to expending the necessary funds to prepare a Minor Plat, the Applicants wanted to first see if a deviation from the minimum lot size requirement would be possible.  Thus, should this request be approved, the Applicant would still be subject to the standard Minor Plat application process outlined in City Code.

Staff attempted to notify all Property Owners within a 350 foot radius of the Properties of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County UnionHerald.

The Subject Property is located in the R-1 Residential (Rural Developing) zoning district. The Subject Property is surrounded by residential parcels on north, south and east that are also located in the R-1 Residential (Rural Developing) District and abuts the Rum River Hills Golf Course to the west. In addition, the Subject Property is located in the Rum River Wild and Scenic River Overlay District. The Overlay District extends to the parcels directly north and east of it; the golf course as well as the residential properties to the southwest, south, and southeast are outside this Overlay District. 

Both the R-1 Residential (Rural Developing) district and the Scenic River Overlay District for non-riparian lots specify a minimum lot size of 2.5 acres. The Subject Property is approximately 4.4 acres in size.  As proposed, the Applicant's home would be on a 2.5 acre lot and the newly created lot would be approximately 1.9 acres in size. The surrounding residential parcels range in size from approximately 0.95 acres to 1.6 acres  and thus, if the Subject Property were to be split, it would result in at least one (1) of the two parcels being deficient in lot size but both lots would still exceed the size of the surrounding residential lots.  

There are wetlands and a designated floodplain on the Subject Property.  The Applicant had the Anoka Conservation District (ACD) conduct a site visit to better understand whether there was sufficient upland area to accommodate a new home.  While a wetland delineation was not completed, the ACD did prepare an exhibit that outlined areas that appeared to be upland.  There is approximately 0.65 acres of what appears to be upland (non-wetland), which also appears to correspond with areas outside of a designated floodplain.  An official wetland delineation, conducted by a qualified individual and approved by the Lower Rum River Water Management Organization (LRRWMO), will be necessary to confirm the upland area.  Note that City Code does not specify a minimum buildable area; only a minimum lot size. The Applicant shall demonstrate a standard home consistent with the surrounding neighborhood can be accommodated, including space for a traditional deck on the rear of the home.

In 1985, the Applicant had received approval from the City to dig a pond and re-route a drainage ditch that traverses the Subject Property.  A condition of that approval was that the Applicant was to prepare and dedicate new Drainage and Utility Easement to encumber the re-routed drainage ditch.  At this time, Staff finds no record of a Drainage and Utility Easement being recorded against the Subject Property to address this re-routed section of ditch.

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 and not caused by the landowner?
3. If granted, would the variance alter the essential character of the locality?

If the variance were approved, the Applicant would proceed with an application for Minor Plat to create one (1) new buildable lot to accommodate a single family home.  A single family home is a permitted use within this zoning district and thus would be a reasonable use of the Subject Property.  Additionally, the use would be consistent with the Future Land Use Map and is mostly consistent with the Zoning Ordinance, the only deviation would be for one (1) of the lots to be slightly less than the required 2.5 acre lot size.  The Subject Property is unique in that it is almost three (3) times larger than the other parcels created within this plat and the majority of the neighborhood.  A variance to lot size standards would not alter the essential character of the neighborhood as both lots would still be larger than the surrounding residential parcels. It is due to the fact that this proposed lot split would be generally consistent with the surrounding development pattern that Staff is comfortable in recommending approval. If this request had been submitted in a development of 2.5 acre lots or larger, Staff would likely not recommend approval.

The Environmental Policy Board (EPB) did review this request at the June meeting.  The EPB was generally supportive of the request for a variance, contingent upon completion and approval of a wetland delineation confirming sufficient upland area for a new home.

As a reminder, the Planning Commission acts in a quasi-judicial capacity when considering variances rather than a providing a recommendation.
 
Alternatives

Option #1: Adopt Resolutions #15-07-162 and #15-07-0163 approving a variance to lot size requirements contingent upon completion and approval of a wetland delineation confirming sufficient area to accommodate a new single family home and encumbering the re-routed ditch section with a Drainage and Utility Easement.  As drafted, the variance would be tied to recording of a Minor Plat (meaning that the variance would   As long as the Applicant can demonstrate through a wetland delineation that there is sufficient buildable area on the Subject Property, Staff would support this option.

Option #2: Do not approve the request for a variance.  It does appear that there is sufficient upland area to accommodate a new single family home on the Subject Property (although a wetland delineation is needed to confirm this).  The Subject Property is almost three (3) times as large as the other residential parcels in the neighborhood and thus, approving a variance to slightly deviate from the minimum lot size standard would not result in a lot that is incompatible with the surrounding neighborhood.  In fact, it would be more comparable based on the lot sizes of the other parcels.  Staff would not support this option.

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

Staff recommends approval of the variance contingent upon:

• Completion of a wetland delineation that is approved by the LRRWMO; and
• Applicant providing evidence of a recorded Drainage and Utility Easement for the re-routed ditch section or dedicating a Drainage and Utility Easement that encumbers the re-routed ditch section.

Motion to adopt Resolutions #15-07-162 and #15-07-163 approving a variance to minimum lot size on the property located at 16520 Germanium St NW contingent upon:

• Completion of a wetland delineation that is approved by the LRRWMO; and
• Applicant providing evidence of a recorded Drainage and Utility Easement for the re-routed ditch section or dedicating a Drainage and Utility Easement that encumbers the re-routed ditch section.