04-12-2004 Council Packet - Laserfiche WebLink

Home Browse Search

#04-299S March 10,2004 Page 2 Background Lot Area Variance . The property has contained a single family residence for many decades. Applicant was advised during the bui Iding peimit review process that the property contains less than the required 2.0 acres of dry-buildable land and is within the 2 acre zone, subject to Zoning Code Section 78-72(B)(2) as noted above. The phrase “if the Council finds" has consistently been administered by City staff as requiring the applicant to go through the variance process. It should also be noted that while this property exceeds 2 acres in gross area, it is less than 2 acres in dry buildable area. Until May 1998, when Ordinance No. 176, Second Series was adopted, sewered properties were granted an area credit for wetland equal to the amount of dry buildable area on the property. Ord 176 removed that credit, hence rebuilding on this lot of 1.77 dry buildable acres now needs a variance, whereas it would not have required an area variance prior to 1998, as it would have received credit for all of its wetland area. Further note that the property to the immediate west, with dry buildable area of just under'/»acre, was granted a lot area variance in 198S due to its large wetland area and the fact that it was sewered, and had no additional dry land available. That property was also granted a rear setback variance. Finally, it should be noted that the survey presented does not match the tax parcel dimensions shown on County plat ms^s. The northerly part of Lot 4, all wetland, is owned by the Nature Conservancy according to Hennepin County. A revised, corrected survey will be required, or evidence that the survey is correct Lot Width Variance . The need for a lot width variance was identified by staff during the variance review. The width of the property is defined in the Zoning Code as “.. .the horizontal distance between side lot lines measured... at the rear of the required front yard, measured parallel to the front lot line." The front lot line by definition is “That boundary of a lot which abuts an existing or dedicated public street, and in the case of a comer lot it shall be the shortest dimension on a public street." It is somewhat difficult to apply the definitions to this property because of the intrusive alley. If the line of the northeasterly end of the alley is considered as the front lot line, then the lot exceeds the 200' standard and no variance is needed. Once the alley is vacated and the three tax parcels combined with it, the lot width will be measiued at a point 50* back from the main road, and will be 160', still slightly shy of the standard. Wetland Setback Variance . The wetlands on the property are shown based on the City’s 1974 wetland maps and to some extent on the topography, using the 929.4' contour. Topography is not shown for the entire site, however. No wetland delineation has been completed, due to winter conditions. The wetland boundary shown on applicants survey appears to be consistent with the topography of the sitebased on the City’s topo map. The exact area of wetland cannot be determined unless or until a wetland delineation and survey is completed. The exact location of the wetland boundary and the exact area of wetlands is probably not critical to the application, in that whether the site contains 1.6 or 1.7 or 1.8 acres dry buildable, it is still ‘buildable ’ for residence purposes in staff s opinion. However, at any location where construction approaches less than, say, 40' from the perceived wetland, it would be critical to know the exact boundary. A wetland delineation should be conducted as soon as weather permits to allow for verification of the boundary. However, I do not believe it is necessary to delay this variance application process for the delineation.