Agenda - Council - 07/12/2005 - Laserfiche WebLink

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Case//2: Request for a Variance to Density Calculation; Case of Ben Deemer Presentation Assistant Community Development Director Frolik advised that Mr. Ben Deemer is requesting a variance to how the City calculates maximum density on his parcel located on 14544 Nowthen Blvd (CSAH 5). She explained the subject property is zo.ned R-2 Medium Density Residential, which allows for up to 7 units per net acre. She stated while there is~no definition of net density contained specifically in City Code, the definitions secii'~ff statbsi'that minimum lot area is calculated minus road right-of-way. She indicated in. addid0rb-the:Cpmprehensive Plan and past practice states that net density is calculated as the'.land/~irea m~UsWefland area and major right- of-way. She stated that major right-of-way, f0r-',.~:he' purpose~!:~f~de~sitY":calculatiO~s includes State, County, and Metropolitan State Aid roads'~::i!":., Assistant Community Development Director Frolik~e~'e~Plained that Mr'i':D~mer's parcel is 1.15 acres in size, and consists of a metes and bodndsParcei,a'nd Outlot E of Wood Pond Hills. She indicated 0.23 acres of the metes and bounds parcel-i'Si:~ubject zo a road easement for Ncwthen Boulevard. She stated the applicant~°Wns fee title· to/ihe~ area subject to the road easement and would like to include this area in ~e'density calculkti~5~': ~She indicated that if this area is included Mr. Deemer wouid be entitled' to eight; units, and without it he would be entitled to six units. Public Input Vice Chairperson Van Scoy open-ed ihe meeting~to th~ ~abli4 at 7:20 p.m. Ben Deemer, 14501 Sunfish Lake Boulevard, thanked the Planning Commission members for serving the city.--He stated h~ ~e-rv~d'On the Planning Commission for 20 years, and knows that the memberS;-}e~!Iittt~e manks fr°~;-~he 'eii2ens of the city. He commented that the only time people c0~ is.When they~hink the Planning:Commission is doing something wrong. Mr.i Deemer provided a bfief;his{ory on the property, noting that since he owned it the property has bleen down-zoned from commercial to high-density residential to medium-density residential. · He:eXPlained that he could norge~:sewer and water to the property, and had to put in a new septic sys d ,:and then suffered a tra kdT-on the property and lost his residence to a fire. He stated the City hak~°ne~'through twod~- ~ctions trying to un-grandfather this property. He indicated he has always though!: he~ had dSe;-right to build at least eight units on the property, and only recently found out he da ;t'i H%tated he is looking for the right to use all of the property to calculate density. He indicated in I~:997 he thought he had that right, and then the City put a moratorium on the property so he could' not develop. He advised that the cost of constructing a structure since t 997 would be a hardship in itself, and it is not .financially feasible to build on the property with only six or seven units. -234- Board of Adjustment/June 23, 2005 Page 3 of 9