HomeMy WebLinkAbout#4- Shoreland VarianceMemo
To: Planning Commission
From: Justin Fortney, Associate Planner
Date: April 13, 2009
st
SubjectPublic Hearing: Shoreland Variance #2009-06 –1016 1 St E –
:
Judith Wittnebel
REQUEST
Judith Wittnebel requests the following actions on her property:
1. Variance to City Code Chapter 153.05, Subd.(A)(2)(B) – minimum shoreland lot
size requirement.
2. Variance to City Code Chapter 153.05, Subd.(3) – minimum shoreland lot width
requirement.
3. Variance to City Code Chapter 155.50 – minimum lot width requirement.
Existing Parcel A– Parcel B–
Parcel Existing Home (Adams Street)
st
(1 Street)
Minimum Lot Size – 15,000 s.f. 15,000 s.f. 15,000 s.f.
Shoreland Ord.
Minimum Lot Size 7,000 s.f. 7,000 s.f. 7,000 s.f.
- Zoning Ord.
Existing\Proposed 18,400 s.f. +/- 9,635 s.f. +/- 8,765 s.f.
Lot Size
Minimum Lot Width 150 feet 150 feet 150 feet
– Shoreland Ord.
Minimum Lot With – 50 feet 50 feet 50 feet
Zoning Ord.
Existing\Proposed 132 feet 85 feet 47 feet
Lot Width
BACKGROUND INFORMATION
Comprehensive Plan Classification
The proposed use conforms to the 2020 Comprehensive Plan. The property is designated
U-I – Urban Residential.
Zoning Classification
The property is zoned R-2 – Medium Density Residential. Single-family dwellings are a
permitted use in the R-2 District. Both the existing and proposed lot sizes meet the
minimum requirements of the R-2 District. The Zoning Ordinance requires 50 feet for the
width of lots. The lot adjacent to Adams Street will only be 47 feet wide in the front, but will
broaden to 85 feet where the home will be built.
Adjacent Zoning and Land Use
The following land uses abut the property:
Direction Existing Use Zoning Comp Plan
st
North 1 St E
Single Family R-2 – Med Dens Res. U-I – Urb Res.
East Adams Street
Single Family R-2 – Med Dens Res. U-I – Urb Res.
South Single Family R-2 – Med Dens Res. U-I – Urb Res.
West Single Family R-2 – Med Dens Res. U-I – Urb Res.
Existing Condition
The subject property is 2 legal lots that contain a home (constructed in 1900) and two older
detached buildings. The home is currently over the existing property line that separates
the two lots. The property is generally flat.
Proposed Condition
The property is proposed to be split back into the original 2 lots, but with a shape that
would accommodate the existing house. The proposed new home site would be on the
east side of the property abutting Adams Street.
SHORELAND MANAGEMENT REGULATIONS
Shoreland Management Regulations
The subject property is within 1,000 feet of Lake Isabel and 300 feet of the Mississippi
River. Because of theses proximities, the property is subject to Shoreland Management
Regulations. All variances require a public hearing, and notification of the Department of
Natural Resources for comment.
Ordinance Requirements
Lake Isabel is classified as a “” Lake. Single Family residences
Recreational development
are a permitted use subject to greater lot width, and size requirements. The Mississippi
River is considered a “Transition river”. Single Family residences are a permitted use
subject to greater lot width requirements.
Shoreland Variance Criteria
Section 16.03, Subd. 2. outlines the procedures for granting variances as follows:
A variance may not circumvent the general purposes and intent of this ordinance. No variance may be
granted that would allow any use that is prohibited in the zoning district in which the subject property is
located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect
adjacent properties and the public interest. In considering a variance request, the board of adjustment
must also consider whether the property owner has reasonable use of the land without the variance,
whether the property is used seasonally or year-round, whether the variance is being requested solely
on the basis of economic considerations, and the characteristics of development on adjacent
properties.
Department of Natural Resources
Copies of the hearing notice and plans have been forwarded to the DNR for review.
RECOMMENDATION – Shoreland Variance
Approval of the variance to Chapter 153 Shoreland Management Lot Size and Width
requirements is recommended based on the following:
Consistent with characteristics of development on adjacent properties.
1) Both
of the proposed lot sizes would exceed minimum requirements of the R-2 Zoning
District and are consistent with the property sizes of the immediate neighborhood.
Furthermore, the lots are preexisting and only their layout will be modified.
Preservation of natural features.
2) The proposed lot layout will preserve a mature
tree and lead to the demolition of two older garage/ sheds.
No adverse affect on Lake Isabel.
3) Lake Isabel cannot be viewed from the subject
property. The area storm water is collected by the storm sewer system, which does
not discharge into Lake Isabel. The property is over 730 feet from the lake.
No adverse affect on the Mississippi River.
4) The subject property is 235 feet from
the river. The proposed house would be located outside of the River’s shoreland.
ATTACHMENTS
?
Location Map
?
Aerial Photo
?
Proposed layout
?
Application