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Home My WebLink About20090420 - VIII-B-3Memo To: Mayor Hicks and City Council Members From: Justin Fortney, Associate Planner Date: April 20, 2009 Subject: Resolution: shoreland Variance #2009-06 -1016 15t 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. RECOMMENDATION At the April 13, 2009 Planning Commission meeting, Commissioners voted 5-0 to recommend approval of the minor subdivision request based on the staff recommendation. Public Comments No comments have been received and no one spoke in opposition at the public hearing. ATTACHMENTS • Resolution • Location Map and Aerial Photo • Proposed layout Requirements and proposals Existing Parcel A- Parcel B- Parcel Existing Home (Adams Street) (1St 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 Com p Plan North 1St 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 "Recreational development" Lake. Single Family residences 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 maybe granted that would allow any use that is prohibited in the zoning district in which the subject properly is located. Conditions maybe 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 ofadjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally oryear-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 The public hearing notice was forwarded to the DNR. They said they will not be providing a formal comment, but they would have concerns with a city routinely granting variances. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING VARIANCES TO CHAPTERS 153.05, SUBD.A.2.B. AND SUBD. 3. AND 155.50 OF THE HASTINGS CITY CODE - SHORELAND LOT SIZE AND LOT WIDTH AND ZONING LOT WIDTH FOR PROPERTY GENERALLY LOCATED AT 1016 1St STREET EAST, HASTINGS, MINNESOTA Council member Resolution and moved its adoption: introduced the following WHEREAS, Judith Wittnebel, owner of property generally located at 10161St Street East legally described Lots 1 & 2, Block 112, TOWN OF HASTINGS BLKS 100 THRU 199, Dakota County Minnesota has initiated consideration of the following requests: 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. WHEREAS, notification of the public hearing was given to neighboring residents and the Minnesota Department of Natural Resources; and WHEREAS, on April 13, 2009, a public hearing on the proposed variances was conducted before the Planning Commission of the City of Hastings, said hearing was preceded by notification as required by state law, city charter and city; and WHEREAS, the Planning Commission of the City of Hastings recommends approval of the variance requests for the reasons included in this resolution. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council of the City of Hastings concurs with the recommendation of the Planning Commission and hereby approves the variance requests based on the following findings of fact: 1) Consistent with characteristics of development on adjacent properties. 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. 2) Preservation of natural features. The proposed lot layout will preserve a mature tree and lead to the demolition of two older garage/ sheds. 3) No adverse affect on Lake Isabel. 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. 4) No adverse affect on the Mississippi River. The subject property is 235 feet from the river. The proposed house would be located outside of the River's shoreland. 5) Pre-existing Condition. The subject properties have been lots of record since June 22, 1854, predating the adoption of the original shoreland Ordinance of June 16, 1994. BE IT FURTHER RESOLVED, the following: 1. A copy of this resolution shall be submitted to the Minnesota Department of Natural Resources, as required by Section 153.03, Subd. C.2. of the City Code 2. A copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. Council member moved a second to this resolution, and upon being put to a vote it was unanimously adopted by all Council members present. Adopted by the Hastings City Council on April 20t", 2009 by the following vote: Ayes: Nays: Absent: ATTEST: Paul J. Hicks, Mayor Melanie Mesko Lee, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of the resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 20t" day of April, 2009, as disclosed by the records of the City of Hastings on file and of record in the office. 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