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11-05-25 PC Packet
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11-05-25 PC Packet
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Page 4 of 12 <br /> <br />with the existing lot. As part of the land use application, the property owner of 1613 Lake Johanna <br />Blvd states in a letter that he will purchase the land from the Applicant and combine it with the <br />existing property. He states that there is no plan for improvements to the area. He intends to remove <br />buckthorn and dead trees in the area and may look into building a garage or out building in the <br />future. Any potential accessory structure(s) contemplated in the future would be subject to zoning <br />and building permit application requirements, depending on the proposed size. <br /> <br />The second objective of the proposed Minor Subdivision is to bring Subject Property B more into <br />conformance with zoning requirements by allocating 52,535 additional square feet from Subject <br />Property C to Subject Property B. The Applicant notes that adjusting the property line will provide <br />the required side yard setback for the principal structure on Subject Property B. Staff has identified <br />that in addition to the side yard setback for the principal structure, the proposed will increase the <br />property’s conformance with requirements for street access. <br /> <br />However, Staff’s review of the proposal also identified existing nonconformities, some of which <br />would be increased through the proposal. Subject Property B is nonconforming with Zoning Code <br />requirements for accessory structure location, number, and total floor area. The proposal would <br />not remedy the first nonconformity and would increase the latter two nonconformities. <br /> <br />It is staff’s finding that after the Minor Subdivision application was deemed complete, and through <br />the drafting of this report and evaluation of the application materials submitted by the Applicant, <br />the proposed would require variances to address nonconformities created by the minor subdivision. <br />For a variance application to be deemed complete, the Applicant is required to address how the <br />application meets the six hardship criteria established in Section 1355.04, Subd. 4. This <br />information has not been submitted as part of this current proposal and would be required in order <br />to have full consideration of the effects of the proposed request. <br /> <br />3. Site Data <br /> <br />All subject properties are zoned R-1 – Single Family Residential District and are guided as Low <br />Density Residential (LDR) in the 2040 Land Use Plan. Surrounding parcels to the north, east, and <br />west are also zoned R-1, Single Family Residential District and designated for Low Density <br />Residential Uses in the Future Land Use Plan. <br /> <br />2040 Future Land Use Plan: LDR – Low Density Residential <br />Existing Land Use: Single-Family Dwelling <br />Zoning: R-1 Single Family Residential District <br />Lot Size: <br />1613 Lake Johanna Blvd (Subject Property A): 16,452 SF <br />1580 Oak Avenue (Subject Property B): 65,481 SF <br />1578 Oak Avenue (Subject Property C): 216,788 SF <br /> <br />4. Approvals <br /> <br />The Planning Commission is asked to determine whether a minor subdivision request should be <br />granted. The evaluation of the proposal should be based on the requirements of Chapter 11 – <br />Subdivisions and Chapter 13 – Zoning Code, District Provisions in Section 1320. As noted in the <br />Overview of the Request, staff identified through the drafting of this report that the proposal should <br />also be evaluated based on the Requirements for a Variance in Section 1355.04, Subd. 4, due to <br />the nonconformities created by the proposal. The proposal does not resolve all existing <br />nonconformities with the subdivision or zoning requirements. Staff’s review identifies that the
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