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CASE # 5 <br /> <br />REQUEST FOR AN APPEAL TO THE BOARD OF ADJUSTMENT DECISION <br />REGARDING FOR A VARIANCE TO DENSITY CALCULATION; <br /> CASE OF BEN DEEMER <br /> By: Patrick Trudgeon, AICP, Community Development Director <br /> <br />Background: <br /> <br />Mr. Ben Deemer is requesting a variance to how the City calculates maximum density on his <br />parcel located on 14544 Nowthen Blvd (CSAH 5). The property is located across from Lord of <br />Life Church and is zoned R-2 Medium Density Residential <br /> <br />a) <br />b) <br />c) <br />d) <br />e) <br /> <br />g) <br />h) <br />i) <br /> <br />Site location map. <br />Certified Survey of Subject Property <br />Draft Board of Adjustment Minutes dated June 23, 2005 <br />Property History submitted by Mr. Ben Deemer dated June 23, 2_005 <br />Request for Appeal of Board of Adjustment decision submitted by Mr. Ben <br />Deemer dated July 1, 2005 <br />Approved Board of Adjustment Findings of Fact and ResolUtion to deny the <br />request <br />Proposed City Council findings of fact <br />Proposed resolution to approve the request for appeal <br />Proposed resolution to deny the request for appeal <br /> <br />Notification: <br /> <br />In accordance with State Statute, Staff notified property owners within 350 feet of the subject <br />property of the request for variance and public hearing. <br /> <br />Observations: <br /> <br />The subject property is zoned R-2 Medium Density Residential, which allows for up to 7 units <br />per net acre. While there is no definition of net density contained specifically in City Code, the <br />definitions section states that minimum lot area is calculated minus road right-of-way. In <br />addition, the Comprehensive Plan and past practice states that net density is calculated as the <br />land area minus wetland area and major right-of-way. Major right-of-way, for the purposes of <br />density calculations includes State, County, Metropolitan State Aid (MSA) roads. <br /> <br />Mr. Deemer's parcel is 1.15 acres (50,510 square feet) in size. The subject property consists of <br />a metes and bounds parcels and Outlot E of Wood Pond Hills. However, 0.23 acres (10,178 sq. <br />ft.) of the metes and bounds parcel is subject to a road easement for Nowthen Blvd. (CSAH 5). <br />The applicant owns fee title to the area subject to the road easement and would like to include <br />this area in the density calculations. <br /> <br />-229- <br /> <br /> <br />