Agenda - Planning Commission - 09/05/2002

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acre of the applicant's land was dedicated as right-of-way as part of the Echo Ridge Estates planing done in 1991. Staff'has looked at the parcel and determined that while it may be difficult, it is not impossible to create a 2.5 acre lot. A lot could be created that would be 2.5 acres in size and meet all applicable setbacks; however, the lot would be irregularly shaped. The parcel containing the homestead will exceed the lot size minimum of the new ordinancel He noted the drawings included in the meeting information that dia~arns possible lot confi~rations. Additionally, it is StaWs opinion that the fact that the applicant doesn't have enough area for a proper lot size because he dedicated right-of-way as part of the Echo Ridge Estates is a self- created hardship. Under Section 9.03.05 Sub& 2(b)(2)(c) a variance cannot be granted if the special conditions and circumstances causing the undue hardship result from the actions, of the applicant. At the June 6, 2002 meeting, the Board of Adjustment reviewed the variance request. While acknowledging that it might be possible to reconfigure the lot lines to make 2.5 acres, the Board thought it might not be highly desirable. The Board was also informed that as part of the subdivision request, lVlr. Longqield would be creating a lot that would be deficient in lot. width and would require another variance. The Board of Adjustment instructed staff and the applicant to work on finding an acceptable solution and eliminate the need for variances.. Upon discussing the matter with Mr. Longfietd, staff was able to determine that the initial measurement oflot width was in error. City Ordinances require lot width measured, at the front setback line. Staff had measured the lot width at the property line. By measuring at the front setback line (40'), Mr. Longfield exceeds the 200 foot lot width and will not need a variance. Staff also discussed with Mr. Longfield the possibility of making the deficient lot bigger. Options were explored, but in the end, Mr. Longfietd asked that his original request be considered. At their July I 1, 2002 meeting, the Board of Adjustment considered the request. After discussion of the matter, the Board of Adjustment denied the variance request and adopted findings of fact consistent with that decision. Mr. Longfield has filed a written appeal to the City Council of the Board of Adjustment's decision in compliance with City Ordi.nances. He noted the Board of Adjustment had denied the variance request based on findings of fact adopted on July 11, 2002. Principal Planner Tmdgeon noted staff has also provided the Council with neutral findings of fact. to approve the request. Robert Longfield, I77th Avenue NW, stated he worked with the property at the end of the road that was landlocked so he gave up the property and there was no money exchanged plus he had to add money to develop the road. lie stated they tried to reserve a 2.5 acre lot which made his property short. Mr. Longfield stated there are two houses on the 35 acre parcel. Councilmember Hendriksen stated there are parcels all over Ramsey less than 2.5 acres if you don't include the fight-of-way and it is common to calculate that into the acreage, lie stated it has been the practice to grant variances when granting right-of-way diminishes the size of the lot. He stated he received a variance to construct a garage for lot size after the County took right-of- way. Councilmember Hendriksen stated the Planning Commission followed the letter of the law bur not necessarily the Spirit based on what has happened in Ramsey for a very long time. lie stared he is willing to introduce the findings of fact and approve this once discussion is concluded. Councilmember Zimmerman asked if the lot is ten acres in size and the main concern is to have four lots. City Council/July 23, 2002 Page 2! of 30