Agenda - Council - 09/28/2004 - Laserfiche WebLink

Home

BOARD BUSINESS/PUBLIC HEARINGS Case #1: Request for a Variance to Minimum Lot Width and Area and Ordinary High Water Setback; Case of Richard Dahlman Presentation Associate Planner Wald advised the Critical River Overlay District of the Ramsey City Code states that lots that are sub-standard in width and area by today's standards are not eligible for development if it is under the same ownership as one of the adjacent parcels. City Code requires a variance to be obtained for lot width and lot area when duo-ownership occurs in order for the lot to be considered buildable. Associate Planner Wald explained Richard Dahlman owns Lots 5 and 6 in Bowers Mississippi Acres. His house is currently situated on Lot 5, however a portion of the house extends across the property line onto Lot 6. Mr. Dahlman would like to demolish his existing house and construct a new house on Lot 5. He plans to sell Lot 6 to Countryside Homes who would also like to construct a new house on the subject property. In order to accomplish the construction of the two new houses, Mr. Dahlman needs to obtain a variance to lot width and area on Lot 6 to render it a buildable lot, since it does not contain a principal dwelling and is currently owned by Mr. Dahlman. In addition, the two new houses are proposing to be constructed within the 200- foot setback requirement from the ordinary high water (OHW) mark. Associate Planner Wald explained the subject properties were platted in 1948 with a lot width of 100 feet and approximately .57 and .63 acres acre in size. Under today's standards, the minimums are 2.5 acres in size and a 200-foot lot width. The Critical River regulations also require a 200-foot building setback from the ordinary high watermark (OHW). The existing house is currently located 138.7 feet from the OHW, the construction of the two new houses is proposing to maintain this setback and complies with the location of the adjacent houses. The duo-ownership rule in the Critical River Overlay District came into effect in 1985 and therefore rendered Lot 6 unbuildable. Since the new rules in 1985, the Board of Adjustment has approved several variances to allow for duo-ownership of lots to be considered buildable on Bowers Drive. Associate Planner Wald indicated upon review of the two parcels, it came to staff's attention that at some point a lot combination of Lot 5 and 6 was completed at the offices of Anoka County. This result's in only one PIN number being issued for the two lots and the County considering the two lots as one for tax statement purposes (the original plat boundary lines stay intact). In order for the two properties to be considered separate parcels again, the applicant will need to request that the County re-assign a second PIN number to the vacant parcel. Anoka County will require the City to approve the request. Staff is comfortable signing and approving the request for a second PIN number as long as it is clearly understood through the variance process that the existing house must be either demolished or relocated on the property in a manner that complies with City Code regulations and the conditions set forth in the DNR certified variance. She advised it is Staff's opinion that the duo-ownership rule is practically impossible to enforce thoroughly and equitably. Staff recommends that a variance to lot width and area be granted to Lot 6 in order that it may be developed with a dwelling unit. Staff also recommends that a variance to the OHW setback for Lot 5 and 6 be granted since the location of the proposed new Board of Adjustment/August 5, 2004 Page 2 of 11