Planning Report

Date:	April 18, 2000

Subject:	Minor Subdivision - 2924 16th Street NW

Case:	PL00-2 & VN00-1

Applicant:	Eric & Kelly Love, Phillip & Geraldine Towner

Request

To consider a Minor Subdivision and Lot Width Variance request by Eric & Kelly Love, and Phillip and Geraldine Towner to divide the existing parcel located at 2924 16th Street NW into two (2) lots of record. The subject property is zoned R-1, Single Family Residential. In the R-1 Zoning district, the minimum lot width is 75 feet. This property is 58.18 feet wide, therefore, a 16.82 foot lot width variance is also requested. The proposed lots both meet the minimum lot size requirement of 10,000 square feet.

Findings

Section 4-040 Lot Standards, R-1 District

Chapter 26, Subdivisions

Site Characteristics

1.	Location:	2924 16th Street NW

2.	Size:	20,227 square feet

3.	Topography:	Wooded

4.	Vegetation:	Grasses and mature trees

5.	Sensitive Areas:	None

Site History

1.	Past Uses:	Single Family Home with two (2) sheds in the rear yard. With the construction of the new home, the two sheds will be removed.

2.	Historical Significance:	None

Departmental Considerations

Community Development

1.	Proposed Use:	Construction of one (1) single family residential home.

2.	Surrounding Land Uses:

North:	Single family residential

South:	Single family residential

East:	Single family residential

West:	Single family residential

3.	Impact on Surrounding Land Uses:	Minimal

4.	Comp Plan Designation:	Single Family Residential

5.	Zoning:	R-1, Single Family Residential

6.	Lot Sizes:	Required: 10,000 square feet Proposed: 10,110 square feet and 10,117 square feet

7.	Lot Widths:	Required: 75 feet

Proposed:	58.18 feet

8.	Setbacks:	Required: 30 feet front; 5 feet side and 5 feet rear

The new structure located on Parcel A must meet the minimum required setbacks. The attached survey does indicate that the new home will be located to meet the required setbacks.

9.	Other Considerations:	None

Public Works

1.	Streets:	No public streets are proposed. Originally, 16th Terrace was intended to connect with Valerie Lane (see attached). This future 16th Terrace right-of-way will be used to provide access to Parcel A. Therefore, the applicant will have to construct a private driveway off of Valerie Lane across the platted right-of-
way for 16th Terrace.

2.	Access:	The proposed lot (Parcel A) will gain access off of Valerie Lane.

3.	Grading/Drainage:	The applicant has submitted a grading plan for construction of a new home on Parcel A. The City Engineer has reviewed the plans and found them to be acceptable, with the exception of the area in the southeast corner of the house. The proposed hill is too steep in this area and encroaches onto the adjacent property to the east. The City Engineer suggests that a retaining wall be constructed in this area to ensure no negative impacts on the adjacent property. Therefore, a revised grading plans must be submitted.

Also, an existing knoll or berm in the northeast corner of the lot is proposed to be "shaved down" by as much as six feet, and the driveway leading to the proposed home will be constructed at an elevation from 945 as you enter the lot to 950 as you enter the garage. A retaining wall is to be constructed along the north and east property line to maintain the existing elevation on the north and east property line. This driveway will sit 5 feet lower than the elevations on the adjacent property line to the east as cars are making the turn to go south to enter the garage, therefore, the retaining wall will serve as a screen from the adjacent home to the east.

Concern has been raised by the neighbors to the east in regard to the location of the proposed driveway so close to their property. In particular their concern is the shaving down the existing berm and removing trees which could provide a greater screen from the driveway. They would like to see the location of the driveway shifted to the west side of the property, as a result not as much of the berm would have to be removed and there would be less impact on the large Oak Trees located on the adjacent property to the east.

The applicant has agreed to alter the plans and move the driveway to the west, however, at the time this report was sent out, the revised plans had not yet been completed. Therefore, as a condition of approval a revised site and grading plan must be submitted. The new plan must show the grading for the relocated driveway and the retaining wall at the southeast corner of the proposed home. Said plans shall be subject to review and approval of the City Engineer.

4.	Utilities:	Utilities are available off of Valerie Lane. The Applicant shall work with the City's Engineering Department in regard to utility hook ups.

5.	Easements:	NA

6.	Rice Creek Watershed District:	NA - The subject site does not meet the criteria requirements for a Rice Creek Watershed District Permit.

7.	Environmental Concerns:	None

8.	Other Considerations:	None

Building Official

1.	Structure Size:	NA

2.	Structure Height:	NA

3.	Exterior Treatment:	NA

4.	UBC Compliance:	Will be required

5.	Other Considerations:	None

Sanitation/housing

1.	Weeds:	NA

2.	Garbage/Rubbish Enclosures:	NA

3.	Other Considerations:	NA

Parks

1.	Park Dedication:	Per Section 26-27 of the New Brighton City Code, the applicant will be required to dedicate $750 per lot (1 new lot) for park purposes.

2.	Proximity of Parks:	None

3.	Tree Preservation:	The City Forester inspected the site and found some concern in preserving the large oak trees on the property to the east. As proposed, there is to be a retaining wall 10 feet from two large Oak Trees, therefore, there will be a 6 foot deep cut just 10 feet from these trees, which may cause stress to these trees. Ideally, if the driveway were shifted to the west, there would be a lesser impact on these trees, and a greater chance of their survival.

4.	Impact on Parks:	Minimal

5.	Impact on Community Facilities:	Minimal

6.	Other Considerations:	None

Fire

1.	Hydrant Locations:	NA

2.	Access to Site:	NA

3.	Other Considerations:	None

Police

1.	Accident Counts:	None

2.	Violations:	NA

3.	Traffic Safety:	None

4.	On-Street Parking:	NA

5.	Site Security:	NA

6.	Other Considerations:	None

Staff Comments

Variance

The applicant is requesting a 16.82 foot lot width variance to Section 4-040.d.1 of the New Brighton Zoning Ordinance, which requires a 75-foot lot width for all lots within the R-1 Zoning District. The purpose of the request is to create a new lot to construct a new single family home on the north half of the lot.

In considering an application for a variance, the City must make the following findings:

1.	An undue hardship would be brought upon the applicant, should the variance be denied.

2.	There are unique circumstances related to this site.

When this property was originally platted, 16th Terrace was to be constructed to connect across Silver Lake Road with Valerie Lane, and the north half of the subject property was intended to be split off with access provided off of 16th Terrace. When Valerie Lane was constructed and utilities installed a sewer stub was provided for the purpose of future construction of a home on the north half of the subject property. If the City denies the request it would deny the land owner of a use of the property (construction of a second home), that was originally intended.

Staff researched the City's files to determine if a precedent has been set for this type of request. The records show that the City has granted lot width variances for homes located in the R-1 Zoning District. The following highlights those requests:

In 1990, a lot width and lot area variance was granted for a lot split located at 660 12th Avenue NW. The original lot was 130' x 127' (16,459 square feet). The two new lots were 65' x 127' (8,247 square feet). The surrounding neighborhood contained several 40, 60 and 70 foot wide lots with substandard area, therefore, the variance was granted.

In 1995, a lot width and lot area variance was granted for a lot split located at 603 10th Avenue NW. The original lot was 120' x 126' (15,176 square feet). The two new lots were 53' x 126', and 67' x 126'. The surrounding neighborhood contained several 40, 60 and 70 foot wide lots with substandard area, therefore, the variance was granted.

In 1997, a lot width variance was granted for a lot split located at 1521 14th Avenue NW. The original lot was 139' x 284' (40,151 square feet). The two new lots were 69' x 268'. The surrounding neighborhood contained several 50, 60 and 70 foot wide lots with substandard area, therefore, the variance was granted.

As demonstrated above, a precedent has been set for granting similar lot width variances.

3.	The request is in conformance with the Comprehensive Plan.

4.	The variance shall not be detrimental to adjacent property or to the public as a whole.

Staff considers the above criteria to be satisfied. The request is in conformance with the Comprehensive Plan in that the proposed use is an expansion of a single family residential home which is an allowed use in the R-1, Single Family Residential zoning district. Additionally the proposed new lot meets the City's requirement for minimum lot size of 10,000 square feet.

Subdivision

As demonstrated, the proposed lots meet the minimum lot size requirement. The only concern that staff would have is that the grading done for construction of the new home does not negatively effect adjacent properties.

Therefore, as a condition of approval, a revised grading plan must be submitted subject to review and approval of the City Engineer. Additionally, the applicant shall work with the City's Engineering Department in regard to utility hook ups.

Recommendation

Motion to recommend and adopt the attached resolution approving PL00-2 subject to the following conditions:

1.	Submittal of $750 for park dedication fees for the construction of the new home on Parcel B. Said fees shall be due at the time of building permit application.

2.	A revised grading plan must be submitted, showing the relocated driveway to the west, and the required retaining wall along the southeast corner of the proposed home. Said plans shall be subject to review and approval of the City Engineer to ensure that there are no negative impacts on adjacent properties.

3.	Removal of the existing two (2) sheds located at the proposed property line.

Motion to waive the reading and adopt the attached resolution recommending approval of VN00-1, subject to the following conditions:

1.	Approval of PL00-2

2.	Removal of the existing two (2) sheds located at the proposed property line.

Cary K. Teague, City Planner