CCP 05-26-1998 - Laserfiche WebLink

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ARDEN HILLS PLANNING COMMISSION - MAY 6. 1998 4 Chair Erickson inquired if the staff had any knowledge of ordinances that dealt specifically with - zero lot lines. Mr. Ringwald stated that he knew of very few cases that dealt with zero lot lines. Mr. Ringwald explained that the applicant, Mr. Tramm, had received approval from the City for several zero lot line splits in the past. Chair Erickson stated that it was pmdent to encourage the conversion ofrental units into ow'ner occupied units, wherever possible. Chair Erickson inquired if the applicant met the State critcria of undue hardship and whether the Commission's approval of such Variances was consistent with the State's intent. Mr. Ringwald explained this should have been addressed in 1977 when this issue was first presented since it was known that splitting the property wOLtld require the need for a variance. He stated that in the future, when this type of situation is considered, the City will be careful to identify if there is a need for variances and give guidance. Because of that, the variance was technically granted when the duplex was approved since it was constmcted so it could be split and sold as separate units. Mr Ringwald advised that in 1995, a request on Hamline Avenue, near Highway 96, was considered and denied because the duplex lot, if split, did not meet the dimensions or square footage requirements. Commissioner Larson asked if a condition precedent to granting to granting a variance is the finding of an undue hardship not created by the landowner. Mr. Ringwald stated the issue of undue hardship, if starting from a vacant lot and ne\v building, would be the reasonable use of the property considering the surrounding multi-family uses. But, due to the land use restrictions, . it is not possiblc to constmct to the required density and achieve a reasonable use of the property. Commissioner Duchenes inquired if a declaration could be filled out on the maintenance of the house since it will be under separate ownership. Mr. Ringwald asked the applicant if party wall agreements existed or if they intended to tile a party wall agreement. Mr. Marlyn Tramm, 3180-3182 Cleveland Ave, responded that a party wall agreement does not exist but he would be willing to put one in place. Commissioner Larson inquired ifboth tenants would have to paint their homes the same color in order to maintain similar exterior walls. Mr. Ringwald responded that the tenants would have to agree to the color and the style of the exterior of their homes. Commissioner Galatowitsch inquired ifR-3 zoning would allow 2 single family units to be placed on this property. Mr. Ringwald responded that it would, but variances would be required. Duchenes moved, seconded by Sand to recommend approval of Planning Case #98-13, Zero Lot Line Lot Split and Variances (Lot Width and Depth), 3180-3182 Cleveland Avenue, Marlyn Tramm, based on the "Findings-Lot Width Variance (Northern Parcel)" and the "Findings-Lot Depth Variance (Southerly Parcel)" section of the Staffreport dated May 6, 1998 and subject to the conditions indicated above and the applicant providing a party wall agreement to deal with exterior maintenance by the separate . owners in a manner acceptable to the City Attorney, and the agreement be recorded with the property. The motion carried unanimously (7-0).