Re: Request for council action/subdivision

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REQUEST FOR COUNCIL ACTION DATE: May 22, 1998 ITEM NO: a p`� Department Approval: Administrator Reviewed: Agenda Section: Name Ron Moorse f/ City Administrator's Title City Administrator C� Report Item Description: Robert and Julie Hanning Request Related to Future Subdivision at 4220 Sixth Avenue North When the County Road 6 project was being planned, the Hannings had expressed concern that the right-of-way needed by the County would reduce the area of their property below the amount needed to be able to create a second lot in the future. The Council had indicated that if the right-of-way acquisition would reduce the lot area below the required amount, the Council would consider entering into an agreement to maintain the ability to create a second lot. Staff has recently clarified the current status and post-right-of-way acquisition status of the property, and the Hannings'plans for subdividing the property. Maps showing these are attached. According to staff s calculations, the property includes 10+ acres of dry buildable land, both before and after the right-of-way acquisition. However, because of the location of the current home and the desire of the Hannings to retain an open meadow area, their plan for the future lot to the east includes a somewhat gerrymandered lot line to maintain the 5 acre lot area. The County right-of-way acquisition creates a further problem far the Hannings in that even though the total dry buildable area of the property continues to exceed 10 acres,creating a second lot with the fu115 acres would require the lot line to be run closer to the existing structures on the homestead site, and would require a significant portion of the new lot to be behind the existing structures. This would create concerns regarding privacy,and creates the potential for conflict between the owners of the two lots in relation to boundary lines and use of the rear portions of both properties. To avoid this situation, the Hannings are requesting that the City support the Hannings' initial subdivision plan even though the second lot would not meet the minimum lot standard of 5 acres. Policy The City's policy regarding land subdivision is that the City does not grant variances to lot area for new lots. In the Hannings case,it is possible to create a lot that meets the lot area requirement, but the lot configuration necessary to do this is not acceptable to the Hannings. Legal Issues The City Attorney has expressed concern regarding the City entering into a contractual agreement to approve a lot area variance at some point in the future. This is contrary to the public process normally involved in the City's consideration of a variance application. COUNCIL ACTION REQUESTED: Motion to indicate the Council's position regarding the Hannings' request, and to direct staff accordingly.