2007-03-06 Packet - Laserfiche WebLink

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Larkin Hoifu'om! Larldn Hoffman Daly & lindgren Ud. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis. Minnesota 55431-1194 GENERAL: 952-835-3800 FAX: 952-896.3333 WEB: www.1arkinhoffman.com February 28, 2007 Members of the City of Centerville Planning Commission City of Centerville 1880 Main Street Centerville,~ 55038 Re: 10-Foot Setback Variance for Lot 6 of the Hanzal Subdivision; Our File: 31,607-00 Dear Members of the Planning Commission: Our client, Jeff and Laura Hanzal ("Hanzal"), have applied for a variance from the City of Centerville (the "City") R-2 Single-Family District setback requirements. Under the City Zoning Code (the "Zoning Code"), the R-2 District requires a 35-foot front setback. Hanzal initially applied for a 20-foot variance but are now reducing their request to a 10-foot variance from the front setback requirement. At the last Planning Commission on February 6,2007, the Hanzals presented the variance request for Lot 6 of a six-lot Subdivision at 7381 Old Mill Road (the "Site"). The Planning Commission found that the initial 20-foot variance satisfied the last four of the five total required findings outlined in the City's variance application. The Planning Commission then tabled the application regarding the first variance finding in order to allow the Hanzals time to determine the minimum setback variance for Lot 6. As requested by the Planning Commission, the Hanzals have reengineered the building plans for Lot 6 and have reduced their request to a 10-foot variance. Even with the reduced variance request, Lot 6 continues to meet all other City requirements, including the minimum building size. Lot 6 now provides a 1,300 square foot building foundation, which exceeds the 1,050 square foot building size requirement under R-2 District regulations. This amended variance request is illustrated on the enclosed Site Plan for Lot 6. This letter amends the current application pending before the Planning Commission from a 20-foot variance request to a 10-foot variance from the R-2 District 35-foot setback requirement. Moreover, this letter explains that the Hanzal application satisfies the hardship standards under the City's first required variance fmding as well as summarizes the findings for the other four variance requirements. L. Description of the Site. Lot 6 is the Site's southernmost lot. The southwestern edge of the lot abuts Clearwater Creek. Lot 6is subject to Rice Creek Rules that require 100-foot drainage easement from the centerline of Clearwater Creek. Rice Creek Rule E.4. The 100-foot drainage easement significantly impacts Lot 6 compared to the rest of the subdivision because it effectively removes approximately four- fifths of the buildable area on Lot 6. In addition to the 100-;footdrainageeasement, there is also a Federal Emergency Management Agency (FEMA) Floodway Line that similarly reduces the