Agenda - Planning Commission - 10/06/2016

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-Lot Depth Variance- Lot 1 Block 1 and Lot 16 Block 2 are irregularly shaped in that they have larger than normal side yards,which could accommodate future improvements such as a deck or accessory building. Staff recommends approval of a variance from the lot depth standard for Lot 1 Block 1 and Lot 16 Block 2. Lot 3 Block 1 and Lot 4 Block 1 are interior lots which do not benefit from a larger than normal side yard,making it very difficult for a future homeowner to make common property improvements such as a shed. In addition,the neighboring lots, Lot 2 and Lot 5,have a much larger useable rear yard that may cause future perception of the buildable area of Lots 3 and 4 to be skewed, creating the likelihood of encroachment into the wetland setback. Staff recommends denial of the requested lot depth variance for Lot 3 Block 1 and Lot 4 Block 1. As this request does relate to wetlands and floodplains,the EPB also reviewed this request. The EPB recommended that the Applicant combine Lot 3 with Lot 2 and Lot 4 with Lot 5 (loss of two lots overall) or potentially combined Lot 3 with Lot 4 (loss of one lot overall). While the second alternative would still require a variance to lot depth,this lot combination may create a condition similar to that of Lot 1 Block 1 and Lot 16 Block 2 in that a larger than normal side yard would be available and could accommodate future property improvements. -Front Yard and Corner Side Yard Variance- There are significant wetlands and/or stormwater ponds in the rear yards of the lots indicated above, limiting the amount of usable/buildable space. In May of this year,the City adopted an ordinance amendment that established a minimum lot depth standard to ensure more usable/buildable space in rear yards of newly created lots. A reduced front yard setback should help limit the number of potential encroachment issues and possible wetland fill violations on the Subject Property. This proposed variance will further increase the area of useable space in the rear of the lots identified. The usable space is that space where an improvement such as a fence or shed could be placed. -Comprehensive Plan Amendment- As proposed, Brookfield 8th Addition would result in two (2) additional lots being added to the Municipal Urban Service Area(MUSA). Generally, it is required that adjacent communities review the proposal and provide comment;however,the proposed amendment is able to meet the necessary criteria so that adjacent community review was waived by the Metropolitan Council. Staff is supportive of the proposed Comprehensive Amendment as the two (2) additional lots will not have an adverse effect on public safety or infrastructure. The property would be re-guided from Rural Developing to Low Density Residential. -Rezoning from R-1 to R-1 MUSA- The Applicant has proposed rezoning the property from R-1 Residential (Rural Developing)to R-1 Residential (MUSA). The proposed zoning designation is in keeping with the change in land use from Rural Developing to Low Density Residential. Staff is supportive of the proposed rezoning. Alternatives Alternative 1: Recommend approval of the Comprehensive Plan Amendment and Rezoning of the Subject Property; approve the variances for cul-de-sac length and a reduced front yard setback as requested by the Applicant, and approve a variance to deviate from the lot depth standard for Lot 16, Block 2 and Lot 1 Block 1; recommend approval of the Preliminary Plat. All actions should be contingent upon compliance with the Staff Review Letter dated September 30, 2016.With the exception of the requested variance for Lots 3 and 4 Block 1, Staff believes that the proposed development is reasonable, comparable with the character of the surrounding Brookfield development, and minimizes impacts to higher quality woodlands (there is an existing Conservation and Trail Easement in place over portions of all lots that abutting Trott Brook)and wetlands. Staff supports Alternative 1. Alternative 2: Recommend approval of the Comprehensive Plan Amendment and Rezoning of the Subject Property; approve the variances for cul-de-sac length, reduced front yard setback, and reduced lot depth for either all four(4) lots as requested by the Applicant; recommend approval of the Preliminary Plat. All actions should be contingent upon compliance with the Staff Review Letter dated September 30, 2016. Over the last several years,the City has spent a lot of time working with property owners that were trying to make rather common improvements to their property but couldn't due to constraints like wetlands. Lots 3 and 4 are the types of lots that the lot depth standard was intended to eliminate. Throughout the Ordinance approval process, Staff was very transparent in noting that