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Home My WebLink About20080804 - VIII-B-1Memo VIII-B-1 To: Mayor Hicks and City Council Members From: Justin Fortney, Associate Planner Date: August 4, 2008 Subject: Public Hearing -Don Cysiewski-Variance #2008-19 -Variance to the minimum lot size - Proper#y located directly south of 360 Highway 61 N (PID#:0702620130004 (Washington County)) REQUEST The applicant proposes to build a single family home on a 7.11-acre lot along Highway 61 north of the bridge. PLANNING COMMISSION RECOMMENDATION The Planning Commission unanimously recommended approval of the variance to the City Council with no modifications to staffs recommendation. The only discussion at the Planning Commission meeting concerned a staff recommended condition that the applicant places a covenant on 3 acres of his adjacent property that would preclude the construction of a house. The purpose of this condition is to secure that the proposed home would be on 10 acres of land, which is consistent with the spirit of the ordinance. Commissioners questioned whether the condition is necessary and enforceable. ATTACHMENTS • Resolution • Location Map • Parcel Map • Contour map HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A VARIANCE TO THE MINIMUM LOT SIZE FOR DONALD CYSIEWSHI FOR PROPERTY LOCATED EAST OF HIGHWAY 61, WASHINGTON COUNTY, MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, Donald Cysiewski has petitioned for a variance from Ordinance 155, Section 155.50 requiring a 10-acre minimum lot size. The applicant is requesting to build a home on an existing 7.11-acre lot generally located east of Highway 61 in Hastings, Washington County (PIN 07- 026-20-13-0004), legally described as follows: Sect-07 Twp-026 Range-020 PT SWl/4-NEl/4 LYING N OF THE R/W OF THE C B & Q RR & C M & ST P RR, Washington County, Minnesota WHEREAS, on July 14, 2008, a public hearing on the proposed variance was conducted before the Planning Commission of the City of Hastings, said hearing was preceded bynotification as required by state law, city charter and city; and WHEREAS, the Planning Commission of the City of Hastings recommends approval of the variance as requested 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 as requested based on the following findings of fact: 1. The intent of the ordinance is to not allow small lots to be created in agricultural districts. The granting of this variance will not create this situation for the following reasons: A. The size of the parcel is an existing condition and is not being creates by the granting of this variance. B. The applicant owns an adjacent parcel (PIN 07-026-11-0010) that is 18.47 acres, which is within Denmark Township rather than the City of Hastings. With appropriate dead restriction on a small portion of that property it will ensure a contiguous 10-acre tract of land will only have one house on it. 2. The special conditions and circumstances do not result from actions of the applicant as the property was purchased after the subdivision occurred. 3. Granting the variance requested will not confer on the applicant any special privilege as appropriate hardships have been determined. BE IT FURTHER RESOLVED, the following: 1. A copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. 2. The approval of the variance is subject to the following conditions: a. No additional access will be allowed onto Highway 61 N b. A covenant be recorded on property owned by the applicant located immediately east of the subject property in Denmark Township (PIN 07-026-i 1-0010) prohibiting development of a home on the southern three acres. The covenant must be recorded prior to issuance of a building permit c. Approval of a building permit. d. Approval is subject to a three year Sunset Clause; if significant progress is not made towards construction of the proposal within three years of City Council approval, the approval is null and void. 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 August 4, 2008, 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 resolution presented to and adopted by the City of Hastings, County of Washington, Minnesota, on the 4`'' day of August, 2008, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk This instrument drafted by: City of Hastings (JJF) 101 4th St. East Hastings, MN 55033 (SEAL) BACKGROUND INFORMATION Zoning Classification The zoning classification of the subject parcel is A-Agriculture, which requires 10 acres for a home to be built on it. Comprehensive Plan Classification The Plan designates the property as Floodway which would preclude the construction of a single family home. The floodway designation on the future landuse map in the Comprehensive Plan is a representation of the current floodway boundaries as the floodway boundaries generally would not change. Since the future landuse map was created, the floodway boundary that was previously used has been found to be inaccurate and has been amended. As a result the subject property is not located in the floodway. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existing Use Zoning Comp Plan North construction company Single Family Estate Single Family Estate Denmark Twp East Vacant Single Family Estate Single Family Estate Denmark Twp South RR tracks Kings Cove Agriculture Floodway (inaccurate) West Highway 61 N Vacant Agriculture Floodway (inaccurate) Existing Condition The property is vacant, mostly wooded, and includes some slopes in areas. House Location and Access The proposed house would be located on the northeast portion of the lot which is relatively flat and over 1,000 feet from Highway 61 N. The applicant has an access easement on the existing driveway onto Highway 61 N. There will be no additional access to Highway 61. VARIANCE REVIEW & ANALYSIS Review Criteria The following criteria have been used as findings of fact in granting variances to zoning provisions: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. B. The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 15. C. That the special conditions and circumstances do not result from actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 15 to other lands, structures, or buildings in the same district. No non- conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. Public Hearing Notification of the proposed variance was published in the Hastings Star Gazette. No comments have been received at this time. ACTION BY PLANNING COMMISSION At its July 14, 2008, meeting the Planning Commission unanimously recommended approval to the City Council based on the following findings of fact, hardships, and conditions: The intent of the ordinance is to not allow small lots to be created in agricultural districts. The granting of this variance will not create this situation for the following reasons: A. The size of the parcel is an existing condition and is not being creates by the granting of this variance. B. The applicant owns an adjacent parcel that is 18.47 acres, which is within Denmark Township rather than the City of Hastings. With appropriate dead restriction on a small portion of that property it will ensure a contiguous 10-acre tract of land will only have one house on it. 2. The special conditions and circumstances do not result from actions of the applicant as the property was purchased after the subdivision occurred. 3. Granting the variance requested will not confer on the applicant any special privilege as appropriate hardships have been determined. Conditions 1) No additional access will be allowed onto Highway 61 N 2) The 3 acres immediately east of the subject parcel in Denmark Township owned by the applicant must have a covenant prohibiting the development of a house. 3) Approval of a building permit. 4) Approval is subject to a three year Sunset Clause; if significant progress is not made towards construction of the proposal within three years of City Council approval, the approval is null and void. ~, :~~ ~" ~.. r t''~ Yr . -,F~'~ '' r ~; . °~~~ ~u ~~. _. ~[ A Rk ~~ `` ~~ ~'I m ~ ~~ ' r 1 _ II - I. s_ ~ _ _. ~LLait~ {~nE~. s+`.. _ ~. General location of proposed house ~~,.- - aM~ ~ _ ,~. ~ ~,, ~- ~y:~ ... ,~I