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Home My WebLink AboutX-B-01 Resolution - Minor Sub and Variance Request- 1548 Featherstone Rd City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: April 1, 2019 Item: Resolution: Minor Subdivision and Variance #2019-06 – Kranz – 1548 Featherstone Road Council Action Requested: Adopt the two attached resolutions approving 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 for the larger 2.22 acre lot. The 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. Approval of the minor subdivision requires a simple majority of Council. Approval of the Variance requires the support of 6 of 7 Councilmembers. Background Information: The applicant seeks to 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. The larger 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. Financial Impact: Subdivision will create an additional lot for construction of a single family home. X-B-01 Advisory Commission Discussion: The Planning Commission voted 7-0 to recommend approval of both actions at the March 25, 2019 meeting. Commissioners discussed the rationale for a minimum lot width, location of utility stubs, and access to the property. No one spoke for or against the item during the public hearing. Council Commission Discussion: N\A Attachments:  Resolution – Variance to Minimum Lot Width  Resolution – Minor Subdivision  Planning Commission Memo – March 25, 2019 X-B-01 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A VARIANCE TO THE MINIMUM LOT WIDTH REQUIREMENTS OF THE R-1 ZONING DISTRICT FOR PROPERTY LOCATED AT 1548 FEATHERSTONE ROAD Council member _______________________ introduced the following Resolution and moved its adoption: WHEREAS, Johnson & Schofield Inc. has petitioned for a variance to Hastings City Code Chapter 155.50 – Residential Lot Regulations to vary 45 feet from the 75 foot minimum lot width requirement of the R-1 Zoning District for property owned by Shelly Kranz, generally located at 1548 Featherstone Road, legally described as follows: That part of the Southwest Quarter of Section 20, Township 115, Range 17, Dakota County, Minnesota described as follows: Commencing at the southeast corner of said Southwest Quarter; thence west along the south line thereof a distance of 219 feet to the point of beginning; thence continuing west along said south line a distance of 123 feet; thence deflecting 90 degrees right a distance of 363 feet; thence deflecting 90 degrees left a distance of 190 feet; thence deflecting right a distance of 237 feet; thence deflecting 90 degrees right a distance of 279 feet; thence defecting right a distance of 237 feet; thence deflecting 35 degrees 18 minutes 40 seconds left a distance of 58.82 feet; thence deflecting 35 degrees 18 minutes 40 seconds right a distance of 315 feet to the point of beginning. WHEREAS, the subject variance is necessitated by a minor subdivision request to subdivide the subject property into two lots (Parcels 1 and 2) in accordance with Exhibit A. The creation of Parcel 1 would not meet the minimum lot width requirements of the zoning district; and WHEREAS, on March 25, 2019, the request was reviewed by the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS the Planning Commission recommended approval of the request to the City Council subject to the findings of fact contained herein; and X-B-01 WHEREAS The City Council has reviewed the request and concurs with the recommendation of the Planning Commission; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the variance as presented to the City Council based on the following findings of fact: 1. 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. Additional public utility stubs were placed to facilitate future subdivision of the property. 3. Granting of the variance will not be detrimental to the public welfare or injurious to other land improvements in the vicinity. 4. The property will not impair light, air, congestion, fire danger, public safety, or property values within the vicinity. 5. The proposal puts the property to use in a reasonable manner. 6. The property owner is unable to acquire additional land to meet the minimum lot width requirements. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: Approval of the variance is subject to the following conditions: 1. Conformance with the City Council Staff Memo and plans dated April 1, 2019. 2. Approval is subject to a one year Sunset Clause; recording of the subsequent minor subdivision request must occur within one year of this resolution or the approval is null and void. Council member __________________ moved a second to this resolution and upon being put to a vote adopted by _____ present. X-B-01 Adopted by the Hastings City Council on April 1, 2019, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Julie Flaten City Clerk 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 Dakota, Minnesota, on the 1st day of April 2019, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Julie Flaten City Clerk (SEAL) This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033 X-B-01 Exhibit A – Minor Subdivision Description 1548 Featherstone Road Parcel 1 – 2.22 acres: That part of the Southwest Quarter of Section 20, Township 115, Range 17, Dakota County, Minnesota described as follows: Commencing at the southeast corner of said Southwest Quarter; thence west along the south line thereof a distance of 219 feet to the point of beginning; thence continuing west along said south line a distance of 123 feet; thence deflecting 90 degrees right a distance of 363 feet; thence deflecting 90 degrees left a distance of 190 feet; thence deflecting right a distance of 237 feet; thence deflecting 90 degrees right a distance of 279 feet; thence defecting 90 degrees right a distance of 237 feet; thence deflecting 35 degrees 18 minutes 40 seconds left a distance of 58.82 feet; thence deflecting 35 degrees 18 minutes 40 seconds right a distance of 315 feet to the point of beginning. Except that portion lying southerly and westerly of the following described line: That part of the Southwest Quarter of Section 20, Township 115, Range 17, Dakota County, Minnesota described as follows: Commencing at the southeast corner of said Southwest Quarter; thence west along the south line thereof a distance of 249 feet to the point of beginning of the line to be described; thence North 00 degrees 03 minutes 44 seconds West a distance of 143 feet; thence South 89 degrees 56 seconds 16 minutes West a distance of 93 feet and thence terminating. Parcel 2 – 0.31 acres: That part of the Southwest Quarter of Section 20, Township 115, Range 17, Dakota County, Minnesota described as follows: Commencing at the southeast corner of said Southwest Quarter; thence west along the south line thereof a distance of 219 feet to the point of beginning; thence continuing west along said south line a distance of 123 feet; thence deflecting 90 degrees right a distance of 363 feet; thence deflecting 90 degrees left a distance of 190 feet; thence deflecting right a distance of 237 feet; thence deflecting 90 degrees right a distance of 279 feet; thence defecting 90 degrees right a distance of 237 feet; thence deflecting 35 degrees 18 minutes 40 seconds left a distance of 58.82 feet; thence deflecting 35 degrees 18 minutes 40 seconds right a distance of 315 feet to the point of beginning. Except that portion lying northerly and easterly of the following described line: That part of the Southwest Quarter of Section 20, Township 115, Range 17, Dakota County, Minnesota described as follows: Commencing at the southeast corner of said Southwest Quarter; thence west along the south line thereof a distance of 249 feet to the point of beginning of the line to be described; thence North 00 degrees 03 minutes 44 seconds West a distance of 143 feet; thence South 89 degrees 56 seconds 16 minutes West a distance of 93 feet and thence terminating. X-B-01 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING APPROVAL OF A MINOR SUBDIVISION FOR PROPERTY LOCATED AT 1548 FEATHERSTONE ROAD Council member _______________________ introduced the following Resolution and moved its adoption: WHEREAS, Johnson & Schofield Inc. has petitioned for a Minor Subdivision to subdivide a 2.52 acre property owned by Shelly Kranz, generally located at 1548 Featherstone Road, legally described on Exhibit A; and WHEREAS, on March 25, 2019, the request was reviewed by the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS the Planning Commission recommended approval of the request to the City Council subject to the conditions contained herein; and WHEREAS The City Council has reviewed the request and concurs with the recommendation of the Planning Commission; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the minor subdivision as presented to the City Council subject to the following conditions: 1) Approval of a Variance to the minimum lot width requirements of the R-1 Zoning District for Parcel 1 of Exhibit A. 2) Conformance with the plans submitted with the City Council Staff Report dated April 1, 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. X-B-01 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; the minor subdivision must be recorded with Dakota County within one year of City Council approval, or the approval is null and void. Council member __________________ moved a second to this resolution and upon being put to a vote adopted by _____ present. Adopted by the Hastings City Council on April 1, 2019, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Julie Flaten City Clerk 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 Dakota, Minnesota, on the 1st day of April 2019, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Julie Flaten City Clerk (SEAL) This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033 X-B-01 Exhibit A – Minor Subdivision Description 1548 Featherstone Road Parcel 1 – 2.22 acres: That part of the Southwest Quarter of Section 20, Township 115, Range 17, Dakota County, Minnesota described as follows: Commencing at the southeast corner of said Southwest Quarter; thence west along the south line thereof a distance of 219 feet to the point of beginning; thence continuing west along said south line a distance of 123 feet; thence deflecting 90 degrees right a distance of 363 feet; thence deflecting 90 degrees left a distance of 190 feet; thence deflecting right a distance of 237 feet; thence deflecting 90 degrees right a distance of 279 feet; thence defecting 90 degrees right a distance of 237 feet; thence deflecting 35 degrees 18 minutes 40 seconds left a distance of 58.82 feet; thence deflecting 35 degrees 18 minutes 40 seconds right a distance of 315 feet to the point of beginning. Except that portion lying southerly and westerly of the following described line: That part of the Southwest Quarter of Section 20, Township 115, Range 17, Dakota County, Minnesota described as follows: Commencing at the southeast corner of said Southwest Quarter; thence west along the south line thereof a distance of 249 feet to the point of beginning of the line to be described; thence North 00 degrees 03 minutes 44 seconds West a distance of 143 feet; thence South 89 degrees 56 seconds 16 minutes West a distance of 93 feet and thence terminating. Parcel 2 – 0.31 acres: That part of the Southwest Quarter of Section 20, Township 115, Range 17, Dakota County, Minnesota described as follows: Commencing at the southeast corner of said Southwest Quarter; thence west along the south line thereof a distance of 219 feet to the point of beginning; thence continuing west along said south line a distance of 123 feet; thence deflecting 90 degrees right a distance of 363 feet; thence deflecting 90 degrees left a distance of 190 feet; thence deflecting right a distance of 237 feet; thence deflecting 90 degrees right a distance of 279 feet; thence defecting 90 degrees right a distance of 237 feet; thence deflecting 35 degrees 18 minutes 40 seconds left a distance of 58.82 feet; thence deflecting 35 degrees 18 minutes 40 seconds right a distance of 315 feet to the point of beginning. Except that portion lying northerly and easterly of the following described line: That part of the Southwest Quarter of Section 20, Township 115, Range 17, Dakota County, Minnesota described as follows: Commencing at the southeast corner of said Southwest Quarter; thence west along the south line thereof a distance of 249 feet to the point of beginning of the line to be described; thence North 00 degrees 03 minutes 44 seconds West a distance of 143 feet; thence South 89 degrees 56 seconds 16 minutes West a distance of 93 feet and thence terminating. X-B-01 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 requeste d 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 X-B-01 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. X-B-01 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 years 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. X-B-01 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; the minor subdivision must be recorded with Dakota County within one year of City Council approval, or the 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. X-B-01 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 2.22 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, X-B-01 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 findings of fact in the Variance Review. ATTACHMENTS  Location Map  Site Pictures  Site Plan  Application X-B-01 LOCATION MAP X-B-01 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 X-B-01 X-B-01 X - B - 0 1