HomeMy WebLinkAbout2013-06-04 Handouts @ Meeting v - t f 1880 94ain Street, Centervide, IWX55038
r �Stabfish e l 18-57 651- 429 -3232 or T'aZ 651- 429 -8629
June 4, 2013
Memo to Planning and Zoning Commission
Re: Variance
You have before you, a request for a variance for 7261 Main Street. I have drafted
findings for approval. It is your decision on whether you think that a variance is
needed, but this property is pretty unique and I think you can find in favor of
issuing a variance if you choose to do so.
Commissioner Eric Larson asked at the last meeting if it was justified to grant a
variance here when the Commission turned down one across the street to the east.
I believe that the conditions are significantly different. That earlier application
was for a property that has approximately 8,400 square feet of buildable area, after
setbacks. The 7261 address has 2800 square feet of buildable area, and actually the
area is effectively a bit less when you consider the triangular shape of the lot. The
7261 property contends with a 75 foot setback from the lake and that happens to
be the widest part of the lot, pushing the setback area into the narrow part of the
triangle.
Dallas Larson, Administrator
2013 -06 -04 Draft findings for approval -7261 Main
Planning & Zoning Commission Report and Recommendation.
The Planning & Zoning Commission met on June 4, 2013, to consider a
request of Jeffrey Magdik, Home Detail, Inc, for a variance from front -
yard setback requirements at 7261 Main Street, Lots 14, Block 2, Burque
Addition Number 1, City of Centerville.
Findings:
1. The Planning and Zoning Commission heard and considered all
testimony of interested persons submitted in writing and in person
during the public hearing and input process.
2. The proposed setback would encroach thirteen feet into the
required 35 foot front -yard adjoining Main Street.
3. The property is subject to a 75 foot rear -yard setback do to lake
frontage, and being a corner lot has a 35 foot setback from both
Peltier Lake Drive and Main Street.
4. The need for a variance is substantially caused by the taking of
twenty -five feet of additional right of way by Anoka County to
reconstruct Highway 14. After the taking, the lot has
approximately 2400 square feet of buildable area, but the
buildable pad is triangular in shape, making it much more
difficult.
5. The variance in the setback would not be for the entire length of
the building, but because of the triangular shape of the lot, would
be variable, provided that approximately 350 square feet of
structure would be in the setback area.
6. The use is consistent with the Comprehensive Plan. The use and
building type meets the requirements of the Comprehensive Plan.
Constructing a dwelling on this parcel is in keeping with a stated
goal of the city, which is to maximize the tax base and utilization
of available land.
7. The applicant provided evidence that the property could not be
developed in a reasonable manner if the city imposed the normal
setback requirements.
8. The alleged difficulty or hardship has not been created by any
persons presently having an interest in the parcel of land. Special
circumstances exist that are peculiar to the land, structure or
building involved and do not result from the actions of the
petitioner. The Commission finds that the unique circumstances
2013 -06 -04 Draft findings for approval -7261 Main
of the property is substantially caused by the condemnation and
taking of a portion of the property by Anoka County, effectively
reducing the amount of property available for building.
9. The Commission finds that the applicant has demonstrated that
the variance proposed is the minimum necessary to accomplish
the permitted use. The Commission has identified conditions that
will mitigate any adverse impact that granting the variance would
have on adjoining properties and such are included in the
recommendation.
RECOMMENDATION.
The Planning Commission finding that the standards for granting
a variance have been met, and recommends that the variance be
granted to allow a building setback encroachment of thirteen feet
as shown on the attached plan, subject to the following:
1. The applicant will be required to satisfy all building permit
and City code requirements for the construction of the
proposed structure.
2. The applicant shall construct a driveway turn- around, so
vehicles are able to head front first into Main Street (CSAH
14).
3. This variance shall expire if the approved plan is not
implemented and the building constructed within twenty -
four months of the date of the approval by the City Council.
June ,2013
Planning and Zoning Commission
Dallas Larson, Administrator
DRAFT FINDINGS FOR DENIAL.
Findings and Denial.
The Planning & Zoning Commission met on June 4, 2013, to consider a lot split for the
property at 7387 Old Mill Road.
Findings:
1) The property owner of parcel number 14- 31 -22 -31 -0054 (7383 Old Mill Road
LaValle Drive) proposes to acquire the south 50 feet of the adjoining property Lot 1
& Lot IA, Block 1, Clearwater Creek Estates, parcel numbers 14- 31 -22 -31 -0053 and
14- 31 -22 -31 -0059 (7387 Old Mill Road), with the remainder of the divided parcel to
go to the owner of the property at 7389 Old Mill Road.
2) The applicant indicates the reason for the proposed split is to enlarge their current
properties.
3) The result of the split would take a buildable lot and apportion parts to the adjoining
lots.
4) City Code permits a split of property to remove it from one parcel and add it to an
adjoining property as long as the split does not cause a nonconformity with district lot
requirements for the remainder of the parcel.
5) A 2030 Comprehensive Plan goal desires to maximize the use of available land
toward achieving a sustainable population over 5000. Further, the City Council has
an established goal of maximizing the city tax base. Rendering a buildable parcel as
unbuildable, works to circumvent these goals. Applicant has not shown sufficient
reasons to justify allowing this split in contradiction to the stated policies of the city.
RECOMMENDATION:
The Planning & Zoning Commission finds that the application does not meet the
exception requirements of City Code Chapter 153. The Commission recommends
that the council deny the proposed lot split.
Council Action on June , 2013. Approve Deny
Dallas Larson, Administrator
DRAFT FINDINGS FOR APPROVAL.
j Findings and Approval_
The Planning & Zoning Commission met on June 4, 2013, to consider a lot split for the
property at 7230 and 7242 LaValle Drive.
Findings:
1) The property owner of parcel number 15- 31 -22 -44 -0045 (7242 LaValle Drive)
proposes to acquire a portion of the adjoining property, parcel number 153122440042
(7230 LaValle Drive).
2) The applicant indicates the reason for the proposed split is to take a portion of the
property containing a row of trees and convey it to the adjoining parcel.
3) The applicant provided evidence that the remaining parcel after taking the piece to be
conveyed will not cause the remainder to be nonconforming as to lot requirements for
the zoning district or cause a buildable parcel to be thereafter, unbuildable.
4) City Code permits a split of property to remove it from one parcel and add it to an
adjoining property as long as the split does not cause a nonconformity with district lot
requirements for the remainder of the parcel.
RECOMMENDATION:
The Planning & Zoning Commission has determined that the lot split meets the exception
requirements of City Code Chapter 153 which permits the split in these conditions. The
Commission recommends that the council approve the site plan subject to the following:
1. Applicant shall immediately complete requirements of Anoka County to
combine the split portion of Parcel Number 15- 31 -22 -44 -0042 to create one
tax parcel with Parcel number 15- 31 -22 -44 -0045.
2. No additional conveyances will be permitted from either of these parcels,
except through platting of the properties in conformance with the City Code,
Chapter 153.
Council Action on June , 2013. Approve Deny
Dallas Larson, Administrator
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APPLICATION FOR VARIANCE exceed d Rew will cease if po t and deposit s no
replenished.
Date: l0 %20/3 Fee: $250.00 + $300.00 Deposit* Zoning: Z.
Applicant: M q, GIS'A �E�
Street Address: 72 1 47 /MM Phone:
City /State /Zip: e" etr ' l l e- Rh Ss o 3 9�
Status of Applicant: Owner X Lease Holder Other
Legal Description of Property: S 3 C . ae-d
Street Address (subject property): 15;416 &S
Description of Request: oih it CLrQ' k I' /d h
i 1 '' Rr /►� L. h E.e��l�ih 4 �f4P-r1' t j ph , e
Reason for Request: ereg f� r �e
1149 k 1 1 1 b Le h e'v /
4 r i' vt+r C 4'f
Variance may be considered to allow adjustment to the literal provisions of the zoning chapter in
instances where their strict enforcement would cause undue hardship because of circumstances
unique to the individual property under consideration.
"Undue hardship" means that the property cannot be put to a reasonable use if the conditions of the
zoning ordinances are followed, that the property owner's particular circumstances are unique and
not self - created, and that granting a variance will not alter the essential character of the locality or
neighborhood. Economic hardship alone will not constitute undue hardship.
Minnesota Statutes and City Code require that a variance meet all of the following standards:
(1) The variance is in harmony with the purposes and intent of the zoning chapter of this code;
(2) The variance is consistent with the comprehensive plan; and
(3) The proposal puts the property to use in a reasonable manner; and
(4) There are unique circumstances to the property not created by the landowner; and
(5) The variance if granted, will not alter the essential character of the locality; and
Variances will not be granted to allow a use that is otherwise not a permitted use in the
zoning district in which the subject property is located.
Signature of Applic t:
*By paying the above stated fee, I understand that I am paying the costs of processing this request even though the
outcome of Council's action may be denial of the request.
Property description: 7247 Main Street Centerville, MN 55038
THAT PRT OF LOT 9 AUD SUB NO 046 REVDESC AS FOL: BEG AT A IRON MONUMENT SET AT TOP OF BANK AD] TO S LINE
OF ANOKA CENTERVILLE RD & 37 FT +OR- S OF SD RD, SD PT BEING 225 FT WLY OF INTER OF S LINEOF SO RD & ELINE
OF GOVT LOT 4 SEC 15 TWP 31 RGE 22, TH CONT ALG TOP OF BANK AT N 76 DEG 52 MIN W 140 FT TO A PT 37 FT +OR-
S OF C/L OF SD RD, TH S 15 DEG 51 MIN W 150 FT, TH S 2 DEG 54 MIN W 205.5 FT TO A PT ON SLY LINE OF SO LOT 9,
TH N 63 DEG 47 MIN E ALG SD LOT LINE 100 FT, TH N 19 DEG 37 MIN E 290.5 FT TO POB, TOG /W THAT PRT OF LOT 13
REV AUD SUB NO 46 DESC AS FOL: COM AT MOST NELY COR OF SD LOT 13, SD COR MARKED BY AN IRON PIPE
MONUMENT IN CONCRETE & CAPPED RLS 5332, TH S 84 DEG 50 MIN W ALG A NLY LINE OF SD LOT 13 ASSUMING THE E
LINE OF SD LOT 13 & E LINE OF GOVT LOT 4 SEC 15 TWP 31RGE 22 BEARS N 209.80 FT TO A CAST IRON MONUMENT
LETTERED ST PAUL WATER DEPT, TH S 64 DEG 17 MIN 30 SEC W ALG A NLY LINE OF SO LOT 13 99.86 FT TO A 1 INCH
IRON PIPE MONUMENT & POB OF PARCEL BEINGDESC, TH S 64 DEG 18 MIN W ALG A NLY LINE OF SO LOT 13 100.43 FT
TO A CAST IRON MONUMENT MARKED JUDICIAL LANDMARK, TH S 43 DEG 16 MIN E 120 FT TO AN IRON PIPE MONUMENT
CAPPED 20270, TH CONT S 43 DEG16 MIN E 40 FT +OR- TO LOW WATER MARK OF CENTERVILLE LAKE (FOR THE
PURPOSES OF THIS DESC THE LOW WATER IS ASSD TO BE AT ELEVATION 883.27 FT NGVD 1929), TH NELY ALG SD LOW
WATER MARK TO ITS INTER/W ALINE WHICH BEARS S 34 DEG 55 MIN 30 SEC E FROM POB, TH N 34 DEG 55 MIN 30 SEC
W 23 FT +OR- TO AN IRON PIPE MONUMENT CAPPED 20270, TH CONT N 34 DEG 55 MIN 30 SEC W 75 FT TO POB, SUB]
TO EASE OF REC
Metropolitan Council
May 29, 2013
Dallas Larson, Administrator
City Of Centerville
1880 Main St
Centerville, MN 55038
Dear Mr. Larson:
Each year, the Metropolitan Council prepares population and household estimates as of April 1 of the previous
year. Local governments are invited to review and comment on the preliminary estimates. The Council will
certify final estimates by July 15 for State government use in allocating local government aid and street aid.
The Metropolitan Council estimates that the City Of Centerville had 3,841 people and 1,328 households as
of April 1, 2012. Household size averaged 2.89 persons per household.
With this letter, the Council is reporting the data inputs used to develop the preliminary estimates for your
community. The Council estimates, current population and households through changes in the housing stock,
occupancy rates and persons per household. Input data sources include housing stock, manufactured home parks,
and group quarters data maintained by Metropolitan Council Research, as well as U.S. Census Bureau's American
Community Survey data. For more information on the Council's population estimates model, please visit the
Council's website at http: / /stats.metc. state. mn.us /stats /aboutestimates.aspx or contact Todd Graham at 651 -602-
1322.
Council staff welcomes discussion of the 2012 preliminary estimates. Under Minnesota Statutes 473.24, the
Metropolitan Council must receive your comments, questions or specific objections, in writing, by June 24.
Please send any written comments or questions to Todd Graham, Metropolitan Council Research, 390 North
Robert Street, Saint Paul, MN 55101; or by e-mail to todd.graham @metc.state.mn.us
Sincerely,
i
Todd Graham
Principal Demographer
www.metrocouncil.org
390 Robert Street North • St. Paul, MN 55101 -1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904
An Equal Opportunity Employer
Teresa Bender
From: Eric Larson
Sent: Tuesday, June 04, 2013 7:40 AM
To: Dallas Larson
Cc: Teresa Bender, Darin Mosher, Darin Mosher, Tom Wood; Tom Wood; lames M. Flint;
Olaf Lee; Matthew Montain; Russell Koski; D Love; 'D. Love'; Isobania1964 @yahoo.com;
hoslarson @yahoo.com
Subject: Resignation from the Planning and Zoning Commission
Dallas,
It is with mixed emotion that I must submit my resignation from the Centerville Planning and Zoning Commission
effective July 26. My wife and I have sold our home and that is the closing date. We have bought some land in
Columbus where we may build our dream house. With the housing market rising and interest rates low it seems like the
ideal time.
We will certainly miss our Centerville neighbors and friends. I've been here for 21 years and it certainly has been more
than a house, or even a home but a community where we help each other through good and bad times.
Thank you all for the opportunity to serve!
Eric Larson
Teresa Bender
From: Charles Reinhardt <rhinomn @hotmail.com>
Sent: Monday, June 03, 2013 7:31 PM
To: James M. Flint; Eric Larson; Olaf Lee; Matthew Montain; Tom Wood; Russell Koski
Cc: Teresa Bender
Subject: Thanks you Planning and Zoning for your support and votes.
Thanks you Planning and Zoning for your support and votes. This is my Coop and Run my set up my in
backyard. Thanks for your work in creating the New ordinance. Thanks Charles Reinhardt.
I I
Thanks ou Planning
y a ing
and Zoning for
I g your
support and votes.
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