Agenda - Planning Commission - 10/24/2024

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6. 1. Regular Planning Commission Meeting Date: Primary Strategic Plan Initiative: 10/24/2024 Not Applicable Information Title: PUBLIC HEARING: Variance and Lot Line Adjustment - 8310-8324 159th Lane NW Purpose/Background: The City has received an application for lot line adjustment between two platted lots at 8310 and 8324 159th Lane NW. The owners of 8324, the Nelsons, are in the process of selling the house and would like to clean up some title issues before it is sold. It appears that when the house was constructed in the late 1970s and subsequently, when the pool and patio were constructed in the 1990s, the wrong property pin was located to determine the property line. This resulted in the house being very close to the actual property line and the pool/patio crossing the line. A fence was even constructed along this assumed line. The lot line adjustment will bring the house and pool into zoning setback conformance. Typically, this lot line action is considered administrative. Both lots are zoned RR - Rural Residential, which has a 2.5-acre minimum lot area. The plat of Forest Hideaway was platted prior to the current 2.5-acre standard and those lots are considered to have legal non -conforming lot areas. Shifting the line will make an already -small lot smaller. The lot line cannot be adjusted unless a variance is granted to allow for a reduced lot area. The amount of land the Nelsons are purchasing from their neighbors, the Sandeys, is approximately 0.23 acre. Variances are deviations from a Zoning Code dimensional standard for a justified reason. Those reasons are called "practical difficulties" which are derived from state law. The following section outlines the practical difficulties: Sec. 106-220. -Variances. (c) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning code. "Practical difficulties, " as used in connection with the granting of a variance, means: (1) That the property owner proposes to use the property in a reasonable manner not permitted by the zoning code; (2) The plight of the landowner is due to circumstances unique to the property not created by the landowner; (3) The variance, if granted, will not alter the essential character of the locality. (4) Economic considerations alone do not constitute practical difficulties; (5) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems; and (6) Public takings of property due to condemnation. (7) Variances shall be granted for earth sheltered construction as defined in Minn. Scats. sS 216C.06, subd. 14, when in harmony with this chapter. In this case, the practical difficulties used to justify the reduced lot area is #3 as nothing is being constructed and the character of the neighborhood will not change. Notification: