03-08-23-PC Agenda - Laserfiche WebLink

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Page 6 of 14 B. The subdivision will not involve the opening, widening or extension of any public or private street, road, thoroughfare or highway and will not involve the dedication, reservation or construction of any type of public utility; Criteria met. C. The subdivision will not obstruct future streets which have been planned by the City; Criteria met. D. The subdivision will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located; Criteria met. E. The registered land survey conforms in all respects to the provisions of M.S. § 508.47 (4), as amended, the terms of which are incorporated herein by reference, or the survey contains the minimum requirements as outlines in Section 1150.03, Subd. 2, E items 1- 13; Criteria met. F. Monuments or stakes shall be placed and installed at all corners and angle points of the resultant parcels; Criteria to be met. Recommended condition of approval. G. The resultant parcels will not have setbacks and dimensions less than those required in the zoning ordinance, as amended; Criteria not met. The Subdivision ordinance for minimum design standards requires all newly created lots to abut by their full frontage on a publicly dedicated street. The Applicant is requesting a variance for the lot width for Tract B to allow 60 feet as measured abutting Edgewater Avenue. Additionally, the Applicant is proposing in Site Plan B to consider the eastern property line as the front yard for both parcels. H. Drainage and utility easements along lot lines and any other easements required by this chapter. Criteria to be met. Recommended condition of approval. I. A grading plan with drainage calculations shall be submitted if required by the city engineer. Criteria to be met. Recommended condition of approval. J. The subdivider has complied with the requirements of this chapter which the planning commission or City Council have made the subdivision by registered land survey or survey specifically subject to. Criteria met. 4. 1150.01 Granting Variances The City Council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: A. The hardship is not a mere inconvenience; According to the Applicant’s narrative, the hardship is converting a property from a commercial use to a residential use. B. The condition or conditions upon which the request is based are unique and not generally applicable to other property; According to the Applicant’s narrative submitted as a part of his application, the Subject Property includes unique circumstances due to its nontraditional shape and former use of the property. The Applicant states the former gathering hall/lodge having only one access off of Edgewater Avenue has limited the potential for future residential development. In order to be able to subdivide the parcel and construct a home on both lots that each meet setback requirements, the Applicant must seek these variances.