Agenda - Planning Commission - 04/25/2024

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As previously noted, there are no roads or utilities that will be constructed with this project. Each of the three (3) lots will be accessed from Bowers Drive. There are three (3) sets of sanitary sewer and municipal water stubs to the Subject Property that were installed as part of the Bowers Drive improvements that were completed in 2022/2023 (with anticipation of the Subject Property being subdivided into three [3] lots). The Sketch Plan does indicate that each lot will be encumbered with standard drainage and utility easements (five [5] feet along common lot lines and ten [10] feet along right-of-way boundaries). There is an existing Right of Way Easement that presently encumbers a portion of the Subject Property for the Bowers Drive cul-de-sac. This easement will need to be vacated (Public Hearing to be held by the City Council) as the right-of-way will be formally dedicated to the public with the recording of the Final Plat. Variances Multiple variances are necessary to complete this subdivision. These include creating double frontage lots with parallel roads, the setback from an arterial road (Highway 10), and the width of a corner lot (supposed to be ten [10] feet wider than the minimum width of an interior lot). Regarding the double frontage lots on parallel roads, this is an existing condition that was created by the City when Riverdale Drive was extended to connect to Highway 10 on the east side of the Subject Property. In fact, the improvements associated with the Ramsey Gateway Highway 10 project resulted in the Subject Property being bordered by right-of-way/public roads on all four (4) sides. The Zoning Code update that was recently completed modified the minimum setback from an arterial road (Highway 10). The setback previously was sixty (60) feet from the centerline of the arterial road right-of-way plus the applicable local setback (in this case, twenty [20] feet). Lot 3 would have met this standard. However, as part of the Zoning Code update, the setback from an arterial road was modified to be sixty (60) feet. As proposed, the house pad on Lot 3 would be approximately twenty-seven (27) feet from the boundary of the Highway 10 right-of-way. When the concept of this subdivision was created (and used as the basis for 3 sets of utility stubs to be installed with the Bowers Drive improvements), it was based on the standards in City Code at that time. When the City adopted the new Zoning Code, and therefore implemented a new setback standard, it created a practical difficulty for this project. The third variance required relates to the minimum required width of a corner lot (in this case, only Lot 1 is considered a corner lot because the right of access along the northern boundary of the Subject Property was already dedicated to the State of Minnesota as part of the Riverstone South plat). Per City Code Section 117-614 (h) (3), corner lots are to be ten (10) feet wider than interior lots. So, Lot 1 should be seventy-five (75) feet wide rather than the standard width of sixty-five (65) feet for this zoning district. As proposed, Lot 1 is seventy (70) feet wide while Lot 3 is approximately seventy-six (76) feet wide. The additional width for Lot 3 makes sense, allowing that home to be slightly further back from Highway 10 and leaving some additional space to possibly accommodate plantings/berming/fencing if so desired. Technically, it appears that Lot 1 could be widened five (5) feet and Lot 3 could be narrowed by five (5) feet, which would eliminate the need for this variance. However, as noted already, it would seem more desirable to leave the additional width on Lot 3, simply due to that lot abutting Highway 10. Three Factor Test for Variances Per State Statute, a variance can be issued if zoning provisions result in practical difficulties for a property owner. This includes reasonableness, uniqueness, and essential character. • Reasonableness: The proposed subdivision meets the standards of the R-1B Single Family Residential district in terms of lot area and width. The double frontage is an existing condition created by the City's improvements associated with the Highway 10 Gateway project. The arterial road setback is a new standard that was not in place at the time this subdivision was conceptually laid out. Providing additional width to the lot abutting Highway 10 seems more beneficial than adding the extra five (5) feet of width to Lot 1.