Agenda - Planning Commission - 03/05/2015

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Regular Planning Commission 5. 1. Meeting Date: 03/05/2015 By: Chris Anderson, Community Development Information Title: PUBLIC HEARING: Consider Request for Variances to Side Yard Setback for an Existing Pool and to Minimum Lot Size in the Critical River Overlay District on the Properties Located at 14255 and 14235 Bowers Dr. NW; Case of Travis and Bridgette Richard and Lucas Hase Purpose/Background: The City has received an application for a variance to minimum lot size standards in the Critical River Overlay District to accommodate an Administrative Subdivision that would resolve an encroachment of an existing swimming pool across a property boundary. In reviewing the request, it became evident that the Administrative Subdivision, as proposed, would correct the encroachment but would not fully address the minimum required setback for a pool from an adjoining property. The request involves two (2) adjacent properties, 14235 Bowers Dr. NW and 14255 Bowers Dr. NW. Notification: 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 Union Herald. Observations/Alternatives: In 1985, a Building Permit was issued by the City for an in -ground swimming pool to be installed at 14255 Bowers Dr. NW. The Site Plan submitted with the Building Permit application indicated the swimming pool would be at least forty (40) feet from the side property boundary (exhibit attached). The property located at 14235 Bowers Dr. NW recently sold and as part of the title work for that transaction, it was discovered that the swimming pool affiliated with 14255 Bowers Dr. NW actually encroached onto 14235 Bowers Dr. NW by almost ten (10) feet. The most reasonable way to address this encroachment, which has now existed for nearly thirty (30) years, is to process an Administrative Subdivision to realign the common lot line between these two parcels to eliminate the encroachment. However, both parcels are located within the Critical River Overlay District, which has a minimum lot size requirement (for those parcels located within the Rural Service Area) of 2.5 acres. Both parcels are approximately one (1) acre in size and are considered lawful, non -conforming relating to lot size as they were platted in 1973, prior to the adoption of this overlay district. The Administrative Subdivision would result in the reduction of acreage from 1.01 acres to 0.89 acres for the property located at 14235 Bowers Dr. NW. Under City Code Section 117-590 (Administrative Subdivision), the Zoning Administrator cannot approve the realignment of lot lines if doing so would circumvent other zoning regulations and City Code Section 117-57 (b) prohibits expansions of non -conformities. Thus, after reviewing the information with the City Attorney, it was advised that an application for a variance to minimum lot size be processed and, if approved, that would allow the property owners (or their representatives) to proceed with an Administrative Subdivision to realign their common boundary without creating any new buildable lots. In an attempt to minimize the enlargement of the non -conformity, and to maintain what had been perceived as the boundary between the two properties, the realigned boundary is proposed to be one (1) foot off the existing privacy fence that encloses the in -ground swimming pool. This proposed location results in the existing swimming pool being located approximately six (6) feet from the 'new' lot line, which is deficient of the minimum required setback