01-16-1996 Planning Packet - Laserfiche WebLink

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Zjning File #2099 January 10, l?96 Pace 7 B.None of Lots 10, 11 or 12 are conforming in lot width or area to the zoning requirements, and none meet the 1 acre/100' width standard of Section 10.03, Subd. 6(A-2) required for buildability of existing sewered lots of record in zoning districts of 1 acre or greater. C.None of Lots 10, 11 or 12 could be built on without many other variances e\-en if lot area and width \’ariances were granted. D.Any lot line rearrangement proposed to realign these three parcels into parcels, will result in the final lots not meeting the area standards of the zoning code. Therefore such lot line rearrangement is not exempt from subdivision, but is classified as a Class II subdivision [Section 11.03, Subd. 2.65, 266] which requires a plat. E.All plats are required to meet existing zoning regulations at the time of plat approval. Subdivisions may not increase the overall subdivision density above the minimum zoning lot area requirements [Section 11.10, Subd. 14]. F.As compared to other properties which have been allowed to replat at densities higher than those allowed, other cases (i.e. two recent ones are Scotch Pine Lane and the Oberhauser project) involved clear and distinct use of each of the pre existing properties as separate from the others. In the Maeser case, however, no such distinction exists since: - buildings are over lot lines buildings on separate lots have made use of shared sewer and water facilities the three lots have been used and maintained as a single property the three lots have shared a single driveway. All of the above factors lead staff to conclude that the mere fact that the three lots have been kept as separate tax parcels does nol result in an inherent right of the property owner to have three building sites, or even two. The fact that a subdivision with significant variances is required to make the property marginally feasible for two building sites, and the fact that a subdivision must result in lots that meet standards, is critical. The City has only rarely granted lot area variances when approving subdivisions, and then only in e.xtremely unique cases. Impact on Property Owner/Impact on Neighborhood The property owner has concluded that the market value of the property as a single building site is less than the amount he paid for the property, and unless two building sites are allowed he is in a position of losing money when he sells the property. However, Planning