HomeMy WebLinkAbout3
Memo
To: Planning Commissioners
From: Justin Fortney, Associate Planner
Date: July 14, 2008
SubjectPublic Hearing – Don Cysiewski
:–Variance #2008-19 – Variance to
the minimum lot size – Property located directly south of 360 Highway
61 N (PID#:0702620130004)
REQUEST
The applicant proposes to build a single family home on a 7.11 acres lot along Highway 61 north of
the bridge.
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
Denmark Twp
North construction company Single Family Estate Single Family Estate
Denmark Twp
East Vacant Single Family Estate Single Family Estate
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 10.
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.
Recommended Action
Approval of the variance is recommended based on the following findings of fact and hardships:
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 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.
Public Hearing
Notification of the proposed variance was published in the Hastings Star Gazette. No comments
have been received at this time.
RECOMMENDATION
Approval of the variance is recommended subject to the following 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.
ATTACHMENTS
Location Map
Parcel Map
Contour map
General location of proposed house