04-23-2018 Council Packet - Laserfiche WebLink

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WHEREAS, notice of the public hearing was posted and published in the official newspaper, all in accordance with the law; and WHEREAS, the Planning Commission voted 4-0 to recommend approval of the requested preliminary plat and variance, subject to the conditions of the staff report dated February 13, 2018; and WHEREAS, the City Council reviewed the requests at their regular meeting on February 20th, 2018 and finds that the requested preliminary plat is consistent with the subdivision ordinance, the lot standards of the R-2 district, and the comprehensive plan; and WHEREAS, the City Council makes the following findings regarding the variance request: 1. The property owner proposes to use the property in a reasonable manner not permitted by this Ordinance; The applicant is seeking to subdivide the property into four lots. The proposed lots comply with the dimensional requirements of the R-2 district and have the proper frontage along a public right of way (County Road 112). ;hie Count; has stated that providing even a single access to the properties from County Road 112 would not comply with their access spacing guidelines. The only other option for access is off of Old Long Lake Road. The applicant could propose two driveways, with each serving two of the lots, however, the creation of an additional curb cut would also trigger a variance. Staff's opinion is that one shared driveway to serve the four properties is preferred to two driveways and granting a variance for the additional curb cut. The City Council finds the request reasonable. Criteria met. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. - The property is uniquely situated in that it is zoned for single family residential and abuts County Road 112, which has higher access spacing guidelines than would be found on a city street. The applicant is able to subdivide the property into four lots and meet the lot requirements, however, there are no alternatives available to provide access that would not require a variance or deviation from the County's access spacing guidelines. Criteria met. 3. The variance, if granted, will not alter the essential character of the neighborhood. As proposed; th2 number of driveway curb cuts accessed from Old Long Lake Road would remain of two. The use of a shared drive�:¢fay is consistent with the rest of the neighborhood as the 1010, 1.020, 1030 Old Long Lake Road properties are all accessed by a shared driveway that runs through the subject property. Underhill Circle also functions as a private shared driveway. Criteria met. 4. Granting of the variance is in harmony with the general purpose and intent of the ordinance,- The rdinance;The intent of limiting the number of properties that may be served by a shared driveway is to minimize maintenance conflicts for a shared driveway where possible. Increasing the number of property owners responsible for maintenance may create challenges in coordinating necessary maintenance, but this concern can be addressed with a formal agreement. In this case, access off of County Road 112 is not permitted and providing an additional driveway and curb cut in close proximity to the intersection is not desirable. Adding a third curb cut to this property would trigger the need for a variance. Proper cross access easements and a cooperative maintenance agreement must be filed with Hennepin County and the City Clerk before a shared driveway and curb cut will be permitted. The City Attorney will need to review the easement and maintenance agreement to ensure the driveway will be properly maintained. Criteria met.