HomeMy WebLinkAbout3 - Kranz Subdivision and Variance
To: Planning Commission
From: John Hinzman, Community Development Director
Date: March 25, 2019
Item: Johnson & Schofield – Minor Subdivision and Variance #2019‐06 – 1548
Featherstone Road – Shelly Kranz
PLANNING COMMISSION ACTION REQUESTED:
Hold a public hearing and review the following actions requested by Johnson & Schofield Land
Surveying on behalf of property owned by Shelly Kranz located at 1548 Featherstone Road:
1) Minor Subdivision – Split a 13,299 s.f. lot from a 2.52 acre lot.
2) Variance to Hastings City Code Chapter 155.50 – Residential Lot Regulations. Request
to vary 45 feet from the 75 foot minimum lot width at front setback requirement.
Proposed lot would be 30 feet in width for the front 143 feet of lot depth. Beyond
143 feet the lot would meet minimum width requirements.
BACKGROUND
Existing Condition
The 2.52 acre property contains a single family home constructed in 1976. The property is
wooded with moderate slope and contains a 40 foot deep ravine traversing the north
central area of the property. Access to the existing home is provided from a private joint
driveway shared with the easterly adjacent property located within Nininger Township. The
property was annexed to the City of Hastings in 2002.
Proposed Condition
Subdivide a 13,299 s.f. lot (93’ x 143’) from the existing 2.52 acre lot for future construction
of a new home by the current property owner. The new lot is located at the southwest
corner of the existing lot with frontage on Featherstone Road.
Comprehensive Plan Classification
The site is designated as “Low Density Residential” in both the 2030 and 2040 Hastings
Comprehensive Plan. Site development is consistent with the Plan.
Planning Commission Memorandum
Zoning Classification
The site is zoned R‐1 Low Density Residential. Single family homes are a permitted use
within the R‐1 District.
Adjacent Zoning and Land Use
The following land uses abut the site
Existing Use Zoning Comprehensive
Plan
North
Agricultural
& Forest Land
Nininger Township
Upland
Conservation
East
Single Family Homes
Nininger Township
R‐1 – Low Density Residential
Upland Conserv
Low Density
South
Featherstone Road
Single Family Homes
R‐3 Medium High Density Residential
Medium Density
West
Agriculture & Forest
Oakwood Cemetery
Nininger Township
Upland Conserv
Institutional
MINOR SUBDIVISION REVIEW
Applicable Regulations
City Code Chapter 154 – Subdivision Regulations outlines rules and procedures for division
of property. Smaller subdivisions resulting in the creation of no more than three lots and
not requiring new roads are considered “Minor Subdivisions” and can be completed without
the need for Preliminary and Final Plat. Minor Subdivision regulations are outlined in
Chapter 154.10.
Proposed Subdivision
The applicant proposes to subdivide the 2.52 acre parcel as follows:
Parcel Size Use Notes
Parcel 1 2.2 acres Present Home Site Access provided via a shared
private driveway
Parcel 2 0.31 acres
(13,299 s.f.)
Future Home Site Access could be provided via
Featherstone road or via the
existing shared private driveway
Zoning Regulations
Parcel 2 would not meet the minimum 75 foot width requirement or the R‐1 District and
would require approval of the variance submitted in conjunction with the subdivision
application. The two parcels would meet all other minimum size and setback requirements
of the Zoning Ordinance.
Permanent Street and Utility Easement
The current property is unplatted and extends to the centerline of Featherstone Road.
Since the City has maintained the right‐of‐way area for at least six hears we have acquired
right‐of‐way interest through Minnesota State Statutes. To make ownership of the right‐of‐
way more definitive, the City will require recording of a Permanent Street and Utility
Easement as a condition of subdivision approval. The Easement would be recorded against
the property to more clearly delimit the extents of the right‐of‐way.
Public Utility Access
Water and sanitary sewer services were stubbed near the shared driveway abutting the
property to the east. Since the service stubs are not located on the newly created property
the owner would need secure rights from the abutting property owners to construct and
maintain service lines.
Public Land Dedication
City Code Chapter 154.07 outlines public land (park) dedication requirements for
subdivision of property. Cash in lieu of land dedication will be required in the amount of
$2,200 prior to recording of the subdivision with Dakota County.
Sewer Interceptor Fee
The developer shall pay $485 in sewer interceptor fees for the unit added through the minor
subdivision. The payment is due prior to recording of the minor subdivision.
Landscape and Streetscaping
Existing vegetation located within the building addition area would be removed with new
vegetation being installed along a new outdoor patio area.
Landscaping
Requirements to plant a boulevard and front yard tree for the new home have been waived
due to the presence of existing trees on the property.
Tree Preservation Policy
Construction of the new home may require removal of trees. Any tree removal shall adhere
to the City’s Tree Preservation Policy for replanting of significant trees removed.
Public Notification
Notice of the request was published in the Hastings Star Gazette and paper copies were
sent to all property owners within 350 feet of the property. No comments have been
received to date.
RECOMMENDATION
Approval of the Minor Subdivision is recommended subject to the following conditions:
1) Approval of a Variance to the minimum lot width requirements of the R‐1 Zoning
District for the larger 2.2 acre lot.
2) Conformance with the plans submitted with the Planning Commission Staff Report
dated March 25, 2019.
3) All disturbed areas on the property shall be stabilized with rooting vegetative cover
to eliminate erosion control problems.
4) Recording of a Permanent Street and Utility Easement to better memorialize right‐
of‐way rights along Featherstone Road.
5) Securing of access rights for construction of private utilties across abutting
properties.
6) Payment of $2,200 to satisfy public park land dedication requirements.
7) Payment of $485 to satisfy sewer interceptor fees.
8) Adhereance to the Hastings Tree Preservation Policy for removal of any significant
trees.
9) Approval is subject to a one year Sunset Clause; if significant progress is not made
towards construction of the proposal within one year of City Council approval, Site
Plan approval is null and void.
VARIANCE REVIEW
Variance Definition
Variances are deviations from strict compliance of City Code provisions. The Board of
Adjustment and Appeals may recommend issuance of a Variance upon determination of
findings of fact and conclusions supporting the variance as established in Chapter 30.02,
Subd. F of the City Code.
Board of Zoning Adjustment and Appeals
Hastings City Code Chapter 30.02 establishes the Board of Zoning Adjustment and Appeals
and appoints the Planning Commission to facilitate the Board’s roles and duties.
Applications for Variances require Board of Zoning Adjustment and Appeals review.
Requested Variance – Minimum Lot Width in the R‐1 Zoning District
Hastings City Code 155.50 – Residential Lot Regulations establishes minimum area and
setback requirements for various residential zoning districts. The subject property is zoned
R‐1 and subject to the 75 foot minimum lot width requirement. The lot width requirement
is established at the front setback line (20 feet). The larger 2.2 acre parcel (Parcel 2) would
have a minimum lot width of 30 feet, requiring a variance of 45 feet from the 75 foot
minimum requirement.
Variance Review
The Planning Commission may consider variances to the Zoning Code that are not contrary
to the public interest where owing to special conditions, and where a literal enforcement of
the provision of the City Code would result in practical difficulties. Variances may be granted
providing the following has been satisfied:
(1) Because of the particular physical surroundings, shape or topographic conditions of the
land involved, a practical difficulty to the owner would result, as distinguished from a mere
inconvenience, if the strict letter of the regulations were to be carried out;
The shape of the land provides a practical difficulty. The minimum lot width cannot be
achieved at the 20 foot setback line; however the property would be 113 feet wide where
the existing house is set.
(2) The conditions upon which the petition for a variance is based are unique to the tract of
land for which the variance is sought and one not applicable, generally, to other property
with the same zoning classification;
Additional public utility stubs were placed to facilitate future subdivision of the property.
(3) The purpose of the variance is not based exclusively upon a desire to increase the value
or income potential of the parcel of land;
The current owner of the parcel seeks to construct a new home for their use on the newly
created parcel.
(4) The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the vicinity in which the tract of land is located;
Granting of the variance will not be detrimental to the public welfare or injurious to other
land improvements in the vicinity.
(5) The proposed variance will not impair an adequate supply of light and air to property,
or substantially increase the congestion of the public streets, or increase the danger of fire,
or endanger the public safety or substantially diminish or impair property values within the
vicinity; (Prior Code, §11.08)
The property will not impair light, air, congestion, fire danger, public safety, or property
values within the vicinity.
(6) The variance is in harmony with the purposes and intent of ordinance;
The minimum lot width will be achieved at the location of the existing home.
(7) The variance is consistent with the comprehensive plan;
The property is guided for low density residential development. The proposed use is
consistent with the Comprehensive Plan.
(8) The proposal puts the property to use in a reasonable manner;
The proposal puts the property to use in a reasonable manner.
(9) There are practical difficulties in complying with the official control.
The property owner is unable to acquire additional land to meet the minimum lot width
requirements.
RECOMMENDATION
Approval of the Variance is recommended subject to the above finds of fact in the
Variance Review.
ATTACHMENTS
Location Map
Site Pictures
Site Plan
Application
LOCATION MAP
SITE PICTURES
Existing Home – Looking north from proposed home Proposed Home Site – Looking south from existing
Home
Proposed Home Site – Looking west from shared
driveway Existing shared driveway