HomeMy WebLinkAbout9B - Eagle Creek Villas Zone Change
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
OCTOBER 18,1999
9B
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF ORDINANCE 99-XX APPROVING
A ZONE CHANGE TO THE R-1 DISTRICT ON PROPERTY
LOCATED IN SECTION 34, TOWNSHIP 114, RANGE 22
History: Eagle Creek Villas has filed an application for a Zone
Change for the vacant property located south of CSAH 82, at the
southwest comer of the Glynwater development and at the northeast
comer of Arctic Lake. The request is to rezone the property from the
A (Agricultural) District to the R-2 (Low to Medium Density
Residential) District.
The Planning Commission considered this proposal at a public hearing
on September 13, 1999. Since the applicant was not present at that
meeting, the Planning Commission continued the hearing. On
September 27, 1999, the Planning Commission heard from the
applicant's representative, Bryce Huemoeller. Mr. Huemoeller
addressed questions from the Planning Commission concerning access
to the property and future use of the property.
Plannine Commission Recommendation: The Planning
Commission voted to recommend approval of rezoning this property to
the R-1 District on the basis that the R-1 district is consistent with the
Comprehensive Plan designation, and with the permitted use of the
property. A copy of the minutes of the Planning Commission
meetings of September 13, 1999, and September 27, 1999, are attached
to this report.
Current Circumstances: Based on the survey submitted by the
applicant, the total site consists of95,109 square feet. However,
approximately 21,120 square feet ofthis area is a road easement, and
about 2,400 square feet is below the ordinary high water elevation.
The actual lot area is more likely 71,589 square feet.
This site has a varied topography, with elevations ranging from
approximately 906' MSL to 935' MSL, and generally drains from the
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162 0 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQl'i\L OPPORTUNITY EMPLOYER
northeast to the southwest towards Arctic Lake. There are also a large
number oftrees on this site. Any development on the site is subject to
the Tree Preservation requirements of the Zoning Ordinance. Finally,
this site is adjacent to Arctic Lake. We have no information about
specific wetlands on this site; however, the site is subject to the
provisions of the State Wetland Conservation Act, and a specific
wetland delineation plan is required with a development plan..
Based on the survey submitted by the applicant, access to the site is
available from CSAH 82. There are no utilities available to serve this
site at this time. Utilities could possibly be extended from CSAH 82.
Directly north and east of this site is the Glynwater townhouse
development and dedicated parkland, zoned R-2 and Shoreland
District. To the west ofthis site is vacant crop land and pasture zoned
Agricultural and Shoreland District. To the south is Arctic Lake and
large single family lots also zoned Agricultural and Shoreland District.
This property is designated for Low to Medium Density Residential
uses on the 2010 Comprehensive Plan Land Use Map. The property is
outside of the current MUSA boundary. If the 2020 Comprehensive
Plan is approved as proposed, this property could potentially be
included within the MUSA under the floating MUSA concept.
This property is also adjacent to Arctic Lake, a Natural Environment
Lake. The minimum lot area, lot width and setback requirements for a
riparian lot in the Shoreland District of a Natural Environment Lake
are as follows:
Lot Area Lot Width
at front andOH
125'
225'
Setback
fromOHW
150'
200'
The property is also subject to the bluff setback requirements;
however, we do not have enough information to determine ifthere is a
bluff on the site.
The Issues: The R-2 district is consistent with the Comprehensive
Land Use Plan designation of Low to Medium Density Residential
uses. This district permits a variety of housing styles, including single
family homes, duplexes and townhouses with up to 4 units per
building.
The Shoreland District regulations also apply to this property. The
minimum lot area, lot width and setback requirements are listed in the
above table. While the property meets the minimum lot area for a
duplex, it does not meet the minimum lot width at the front building
line and at the Ordinary High Water Elevation. In addition, the
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Page 2
FISCAL IMPACT:
ALTERNATIVES:
required 200' setback from the Ordinary High Water Elevation will
almost eliminate a buildable area for a duplex. In effect, this parcel
cannot be subdivided, and will allow the construction of one single
family dwelling.
Section 1108.600 of the Zoning Ordinance identifies the following
policies for amendments to the Official Zoning Map:
. The area, as presently zoned, is inconsistent with the policies and
goals of the Comprehensive Plan, or the land was originally zoned
erroneously due to a technical or administrative error, or
. The area for which rezoning is requested has changed or is
changing to such a degree that it is in the public interest to rezone
so as to encourage redevelopment of the area, or
. The permitted uses allowed within the proposed Use District will
be appropriate on the subject property and compatible with
adjacent properties and the neighborhood.
In this case, the adjacent property is currently being developed with an
R-2 townhouse development. The proposed R-2 district is also
consistent with the Comprehensive Plan Land Use Map designation of
Low to Medium Density Residential. The uses permitted in the R-2
district are also consistent with the adjacent property. However, it
must be noted that the minimum lot area, width and setback
requirements of the Shoreland District will apply to this parcel, and the
only permitted use based on these minimums is a single family
dwelling.
Conclusion: Although the proposed R-2 district is consistent with the
Comprehensive Plan, the actual use permitted on this property, due to
the Shoreland District requirements, is a single family home.
Therefore, the R-1 district is a more appropriate reflection of the
potential use of the site. The Planning Commission and the staff
recommend approval of the R-1 district.
Budget Impact: There is no direct budget impact involved in this
request. Approval of this request may facilitate the development of
this property, and increase the City tax base.
The City Council has three alternatives:
1. Adopt Ordinance 99- XX approving the Zone Change to the R-1
district.
2. Continue the review for specific information or reasons per City
Council discussion.
3. Find the zone change inconsistent with the purpose and intent of the
Comprehensive Plan and the Zoning Ordinance and deny the
request.
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Page 3
RECOMMENDED
MOTION:
REVIEWED BY:
The staff recommends Alternative #1.
A motion and second to adopt Ordinance 99- XX rezoning this
property to the R-1 (Low Density Residential) district is required.
This action requires approval by 2/3 of the City Council.
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Page 4
CITY OF PRIOR LAKE
ORDINANCE NO. 99-XX
AN ORDINANCE AMENDING SECTION 1101.700 OF PRIOR LAKE CITY
CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE
The City Council ofthe City of Prior Lake does hereby ordain:
The Prior Lake Zoning map, referred to in Prior Lake City Code Section 1101.700 is
hereby amended to change the zoning classification of the following legally described
property from A (Agricultural) to R-l (Low Density Residential).
I' . GAL DESCRIPTION:
A tract ofland in the East 16 acres of the Northwest Quarter of the Southwest Quarter of
Section 34, Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 889.3 feet South ofthe Northwest
comer thereof; thence continuing South along said West line a distance of 185.2 feet;
thence East and at right angles a distance of 140.0 feet; thence Northwesterly at an angle
of520 55' from said last line to the point on the West line being the point of beginning.
Excepting therefrom the West 1 rod thereof.
And
A tract ofland in the East 16 acres of the Northwest Quarter of the Southwest Quarter of
Section 34, Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 1074.5 feet South ofthe Northwest
comer thereof; thence East at right angles a distance of 140.0 feet; thence deflecting
Southeasterly at an angle of 52055' a distance of 322.3 feet more or less to the South line
of said East 16 acres of the Northwest Quarter of the Southwest Quarter; thence West
along said South line to the said West line; thence North to the point of beginning.
Excepting therefrom the West 1 rod thereof.
And
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16200 tagle creeK Ave. ~.t., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
A tract of land in the East 16 acres of the Southwest Quarter of the Southwest Quarter of
Section 34, Township 115, Range 22, Scott County, Minnesota, described as follows:
Beginning at a point on the West line thereof, distant 1074.5 feet South of the Northwest
comer thereof; thence East at right angles a distance of 140 feet; thence deflecting
Southeasterly at an angle of 52055' a distance of 322.3 feet more or less to the South line
of the Northwest Quarter of the Southwest Quarter, said point being the actual point of
beginning; thence deflecting Southwesterly at an angle of 74026'20" a distance of61.1
feet; thence deflecting more Southwesterly at an angle of25032'40" a distance of34.75
feet to the northerly boundary of a road; thence Northwesterly along said Northerly
boundary a distance of 157.5 feet to the South line of said Northwest Quarter of the
Southwest Quarter; thence East along said South line to the actual point of beginning.
Excepting therefrom any portion which may fall within Tract A, Registered Land Survey
No. 37.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 18th day of October, 1999.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 23rd day of October, 1999.
Drafted By:
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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Eagle Creek Villas
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Planning Commission Minutes
September 13, 1999
This item will go before the City Council on October 4, 1999.
C. Case #99-059 Eagle Creek Villas, LLC, is requesting a proposed zone change
from A (Agriculture) to R-2 (Low to Medium Residential) for the property located in
the SW1/4 of Section 34, Township 114, Range 22 (former Melbourne Larson
property).
Planning Coordinator Jane Kansier presented the Planning Report dated September 13,
1999, on file in the office ofthe City Planner.
Eagle Creek Villas has filed an application for a Zone Change for the property located
south of CSAH 82, at the southwest comer of the Glynwater development and at the
northeast comer of Arctic Lake. The request is to rezone the property from the A
(Agricultural) District to the R-2 (Low to medium Density Residential) District.
The Shoreland District regulations also apply to this property. While the property meets
the minimum lot area for a duplex, it does not meet the minimum lot width at the front
building line and at the Ordinary High Water Elevation. The required 200' setback from
the Ordinary High Water Elevation will almost eliminate a buildable area for a duplex.
This parcel cannot be subdivided, and will allow the construction of one single family
dwelling. The adjacent property is currently being developed with an R-2 townhouse
development. The uses permitted in the R-2 district are also consistent with the adjacent
property. Minimum lot area, width and setback requirements of the Shoreland District
will apply to this parcel, and the only permitted use based on these minimums is a single
family dwelling.
Staff recommended approval of the Zone Change of the property to the R-1 (Low Density
Residential) District.
Rye explained tax forfeiture properties and procedures.
Comments from the public:
The developer was not present to address any questions or concerns.
Richard Lindman, 15880 Arctic Circle, expressed concern for the raised level of Arctic
Lake. Any development along the lake would result in runoff and a higher water level.
Comments from the Commissioners:
Stamson:
. Concurred with staff to change the zone to R 1. It is next to a larger tract of single
family homes. The designation fits better.
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6
Planning Commission Minutes
September 13, 1999
Cramer:
. There is questionable access and lake level concern.
. Deny rezoning request at this time. Cannot support anything at this time. The
applicant is not present.
V onhof:
. Concurred with Cramer, there is no need to rezone at this time.
Kuykendall:
. Concurred with staff to rezone to R1.
. Does not want to deny because there are still issues that need to be addressed by the
developer.
. Either table or continue.
MOTION BY KUYKENDALL, SECOND BY STAMSON, TO CONTINUE THE
HEARING TO SEPTEMBER 27, 1999.
Vote taken indicated ayes by all. MOTION CARRIED.
D. Case #99-062 William B. Lind is requesting a variance to locate an accessory
structure between the front building wall and the front lot line for the property at 6082
150th Street SE.
Planning Coordinator Jane Kansier presented the Planning Report dated September 13,
1999.
William Lind has applied for a variance application for the replacement of an existing
detached garage and concrete pad for recreational vehicle parking. The property is a
Riparian lot in the Shoreland District. The DNR had no objections to the request.
Staff determined all hardship criteria had not been met. There are other legal alternatives
and recommended denying the variance request.
Comments from the public:
William Lind, 6082 150th Street, did not disagree there was adequate space on the lot for
an additional garage. Mr. Lind presented pictures of the existing structures and explained
his proposal. His concern is the elevations from the house to the existing garage and the
runoff problems he has experienced. Adding an addition to the garage or home would
create additional problems. Lind said both he and his wife were in sales and it was
important to keep their cars in good working condition. They have 3 cars and a 2 car
garage. His proposed garage will have an appealing design.
John Guzman, 1700 126 St., Blaine, Western Construction, the builder for this project,
explained his concern with rebuilding and repairs to the existing garage. Guzman felt
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Planning Commission Minutes
September 27, 1999
B. Case #99-059 Eagle Creek Villas, LLC, is requesting a proposed zone change
from A (Agriculture) to R-2 (Low to Medium Residential) for the property located
in the SW1I4 of Section 34, township 114, Range 22 (former Melbourne Larson
property).
Planning Coordinator Jane Kansier presented the Planning Report dated S:g~Tm~~r 27,
1999. ..:':':':.:.:..........',..:.::::::,..
... .
The Planning Commission held a public hearing to consider this!'l:p:pHCaq,PB"pn
September 13, 1999. The Commission continued the hearing sirit\i!:::fhe app1tSAAt was not
present. The Planning Report, dated September 13, 1999, ex.J?:!~~::~pe detaii~'::qR:!:p'e
request. Staff recommended approval of the Zone Chang.~:,:t.~\f'R~:F(LOW DensitY::")::::::::::::>",:::::",?:
Residential) District.,::,): .... : :: .
...
. . . . . . . .
..... . .
........... .......
............ ........
. , . . . . . . . . . . . . . . . . . . .
.....,........ .........
Also noted was the fact the property is not serviced4:;)l~i?&xr at.}Q!:J*~~~r.
Comments from the Public:
....................... .............. ....
.............................. ..................................
................ .................
................. ................
Attorney Bryce Huemoeller representing ll~':ip.p!~B~n!S, respond~~:,!S:"questions raised at
the last meeting. Access to the site would q~direcr:I:::mQMn!y ~daa 82 through an
easement that actually has some title probleiij~wPiiih cil:H'ij,ihybtked out. The applicants
could also talk to the adjacen!"J~f9P@ry ownei~f::::::'Access fo(jiiHlities would be the same
with easements along the .w~sfnH~::Rr:,through tlj:~ Glynwater Addition or working with
the adjacent property oWper. The qRJ1prehensiv~g!fl,n also allows for R2. A duplex (up
and down) would b~J~R~~ible. Th~:::~pplicants c~,:Jtso apply for an amendment to the
Comprehensive Plaif.ariq::!nam::l\!:rimmmt:f9!Ah~:tvruSA. This area is undergoing massive
changes and developmerifM:::::lip€mO"e11eFfeW:randamentally the R2 district request is
contempl:~i:~:::i8::::~i~:::i~:~prea.~ve P~an.
Kansi.~fJh(plained the=:~~~p:~cks an4::~Uilding pad for single family and multi-family units.
Sh%~~~ted this propertY:4Rfs not Meet the setback, frontage or width for a duplex in the
Ra:''dfstnct. .:::::::,::
. '.:.:.:.;.;.;.;.:.',
Comme~ii.':ftQm the Caihmissioners:
.......... ,':
":;::=::::::;:::;::::::" ..::;:;:::::.-
....................-. ............
........... ......
...................... ............
........... ......
........... ......
........... ......
.......... ......
Criego: ...
. Felt the surr$hnding area is R2. Kansier explained the surrounding zoning.
. Discussed the possibilities and conditions ofR1 and R2 districts.
. Agreed with staff the appropriate zoning would be R1.
Stamson:
. Agreed R1 is the appropriate zone.
. Zoning something that creates the implication that, in order to build in that district a
number of variances would be required is inappropriate.
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5
Planning Commission Minutes
September 27, 1999
V onhof:
. Concurred with Commissioners and staff the zoning should be R1.
MOTION BY CRIEGO, SECOND BY VONHOF, TO RECOMMEND APPROVAL OF
THE ZONE CHANGE FROM THE A (AGRICULTURE) DISTRICT TO THE R-1
(LOW DENSITY) DISTRICT.
...................................
Vote taken indicated ayes by all. MOTION CARRIED. ..::;;}};::;:,:.:,:.:.;,;:::::;:;;}:
"::;:::::::::::::::::::::::;::::"
:,is ite:a:l~:_:6:h:::: :e::i~rO: :::::~tl~: ~ ~:;ia~t:r~ of
34,628 sq. feet rathe.r than the minimum lot area of 2 .,=stes:'l<fpermit an exis;QII;18':'
of record to be a buIldable lot. ..::::)::::::::,:'..:::::~~}: {}::::':.:,.,:,::, .::~;;::::::::?:;:::.
Zoning Administrator Steve Horsman presented thiFPl'aq:mpg l\9i6a:~;;pn file in the office
of the City Planner. ";;:::::;::::::::;;:..:;;(:;:::" ',:..
On September 13, 1999, the Planning Com.n@~on held a pub1i&.::~!m;Wg for a variance
request to allow the construction of a sing\i::;r~:J.M:Jt}.Yelling on a"tmtHhat does not meet
the required minimum lot area in the R-S ('!,lfar:SijliM~R~RP ~~sidential Use District).
The Planning Commission c::::~~ the agy idlll.ptember 27th meeting.
Comments from the ~;;:~~:~pF:;::::::;::;;;;;~~::::::i:I!III:i!II::: :.:)};:::::;(:;:.
Applicant Mark Lie.~~e;~, explain~9.Jhis backgrot.ID<f:in researching the lot and acquiring a
building permit, whi6h;;h;":::~9.nfjdi~1:Mi1h;:~th~tgjtY he could. It was not until after he
purchased the lot, he was,.t~l.qUhed"~i'\im1:~.fMg~tor sewer and water were required.
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Rob Ost9J@kr~45;lo.;:il~~on Str~Mti::::iw.,9the likes the neighborhood the way it is. He was
under.Jljt;::"impression;:'1(::li~ not a t?iHdable lot 5 or 6 years ago. Is the two acre minimum
r~:,~~II~::::for the remainl~I:I'fitus SK~ond Addition?
K~nsi'cif::lp!ained the va.#,'ed road and the existing lots in the addition. She also pointed
out if seW'e~::ih4 waterJiiiffie into the area the situation could change. Prior to May 1,
1999, the ardtl!!w,:t,;9ped R1 which only required a 12,000 square foot lot.
Amy Menke, 45.TI Jackson Trail, said she was frustrated because they were told in 1986
and 1990 by the City the lot was not buildable. Menke said they had the option to buy
the lot but did not thinking it was unbuildable.
Comments from the Commissioners:
V onhof:
. It is unusual situation. Different information has gone out in the past.
. Have to go with what is before us today and the current ordinance in effect.
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