Agenda - Planning Commission - 10/06/2016

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Review File:Brookfield 8th Addition Preliminary Plat, Comprehensive Plan Amendment, Cul-de- sac Length Variance, Lot Depth variance and Front yard setback variance. September 30, 2016 Page 6 of 6 Front Yard and Corner Side Yard Setback Variance Review The Applicant is proposing a front yard and corner side yard setback of 25 feet for Lots 1-10(inclusive) Block 1,and Lots 15-16 Block 2. City Code Section 117-111 Subd. (d)(3) of City Code requires a front yard and side corner setback of thirty(30) feet in the R-1 Residential(MUSA) district. 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. Staff recommends approval of the requested Front and Corner Side Yard Setback Variance as requested. Lot Depth Variance Review The Applicant is proposing four lots that would not meet the City's requirement for lot depth which requires that each lot have an area sixty (60) feet wide by one hundred (100) feet deep not encumbered by wetland, wetland setback area, floodway,or steep slopes. Lots 1, 3, and 4 of Block 1, and Lot 16 Block 2 do not meet this requirement. There are significant wetlands in the rear yards of the lots indicated above limiting the amount of usable/buildable space. Lot 1 Block 1 and Lot 16 Block 2 are irregularly shaped in that they have larger than normal side yards which would accommodate for 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. Staff suggests that the Applicant consider combining Lots 3 and 4 of Block 1 into adjacent proposed lots,or to combine them into a single lot. That combined lot would still require a variance;however,that 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. The Environmental Policy Board(EPB)was in favor of granting a variance for lot depth for Lot 1 Block 1 and Lot 16 Block 2. They were not in favor of approving a variance for Lots 3 and 4 of Block 1 and directed the Applicant to work with staff on alternatives. The two alternatives suggested by the EPB were combining Lot 3 with Lot 2 and Lot 4 with Lot 5,or combining Lots 3 and 4 into a single lot and pursuing a variance.