Agenda - Planning Commission - 01/07/2016

Home

Regular Planning Commission 5. 1. Meeting Date: 01/07/2016 By: Chris Anderson, Community Development Information Title: PUBLIC HEARING: Consider Resolutions #16-01-005 through #16-01-008 Related to a Request for a Variance to Minimum Lot Size, Lot Width and Side Yard Setbacks in the Critical River Overlay District on the Properties Located at 14510 and 14500 Bowers Drive NW (Project No. 16-01); Case of Central Bank Purpose/Background: The City has received an application for a Variance to the minimum required lot size and width requirements in the Critical River Overlay District (the "Overlay District") for the property located at 14510 Bowers Drive NW (the "Subject Property"). The purpose of the request is to address an existing structure encroachment from the adjacent property at 14500 Bowers Dr NW. The Subject Property is presently vacant with the exception of the aforementioned encroachments. Should the Variance to lot size and lot width be approved, the applicant would then proceed with an Administrative Subdivision to realign the common lot line between the Subject Property and the adjacent lot to eliminate the existing encroachments. 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: The Subject Property is part of the Bowers Mississippi Acres plat, which was approved in 1948, well before the implementation of the Overlay District standards. Both the Subject Property and the adjacent lot are approximately 100 feet wide; the Subject Property is about 0.94 acres in size and the adjacent parcel to the south is about 1.08 acres in size. Both are considered lawful, nonconforming lots with regard to the width and area standards, as the Overlay District specifies a minimum lot width of 200 feet and a minimum lot size of 2.5 acres. The home on adjacent parcel was constructed in 1970 and there is no record of any Site Plan or survey indicating the proposed location of the home. In reviewing the property file, there does not appear to be any record of a permit(s) for the existing, two (2) tiered deck that also partially encroaches onto the Subject Property. However, based on assessment information within the property file, there appears to be potential evidence of said deck(s) dating back to at least 1981. Based on the submitted Subdivision Sketch, it appears that the deck would only be seven (7) feet from the newly aligned common lot line, which does not meet the minimum side yard setback requirement of ten (10) feet. Finally, there is an asphalt driveway 'turn -around' that also encroaches on the Subject Property that should be addressed as part of this request as well. The most reasonable way to address these encroachments, which have existed for several decades, is to process an Administrative Subdivision to realign the common lot line between these two parcels to eliminate the encroachments. The Administrative Subdivision would result, at a minimum, in the reduction of acreage from about 0.94 acres to 0.89 acres for the Subject Property. 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 which, if approved, would allow the