Planning Report

Date:	November 21, 2000

Subject:	Minor Subdivision - 1654 Valerie Lane

Case:	PL00-8 & VN00-8

Applicant:	Orville & Evelyn Holmbo

Request

To consider a Minor Subdivision and Lot Width Variance request by Orville & Evelyn Holmbo to divide the existing lot located at 1654 Valerie Lane 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 proposed lots widths for the two properties would be 65.71 and 72.26 feet wide, therefore, lot width variances are requested for each of the two properties. The proposed lots both meet the minimum lot size requirement of 10,000 square feet. The existing home was constructed on the northern most portion of this site with the plan for future creation of a second lot to the south.

The following pictures show the existing home and future home site:

This item was continued at last month's meeting for the applicant to submit a grading plan, that shows no negative impact on the adjacent property. The applicant has since submitted a grading plan, which has been reviewed by the City Engineer. The Engineers have found that the plans do not cause any negative impacts on adjacent properties. Additionally, the resident to the east, who is most effected by the lot split has submitted a letter to the City stating that he does not object to the proposal (see attached).

Findings

Section 4-040 Lot Standards, R-1 District

Chapter 26, Subdivisions

Site Characteristics

1.	Location:	1654 Valerie Lane

2.	Size:	25,957 square feet

3.	Topography:	Slopes toward the street

4.	Vegetation:	Mature trees

5.	Sensitive Areas:	None

Site History

1.	Past Uses:	Single Family Home with one (1) shed in the rear yard. With the construction of the new home, this shed will have to be relocated to meet the required five foot setback.

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: 11,748 square feet and 14,209 square feet

7.	Lot Widths:	Required: 75 feet

Proposed:	65.71 & 72.26

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

The new structure located on Parcel B must meet the minimum required setbacks.

9.	Other Considerations:	None

Public Works

1.	Streets/Access:	No public streets are proposed. If the subdivision is approved, access to the new home would be off of Valerie Lane.

2.	Grading/Drainage:	The applicant has submitted a grading plan for construction of a new home on the would be vacant lot. The City Engineer has reviewed the plans and found that there will be no negative impacts on adjacent properties.

As a condition of any approval, a the time of building permit application, a grading plan must be submitted to be consistent with the attached plan, and found to be acceptable by the City Engineer.

3.	Utilities:	Sewer and water are both available off of Valerie Lane. No stubs have been installed to provide hook ups, therefore, the applicant will have to connect in the street to the main lines. The Applicant shall work with the City's Engineering Department in regard to utility hook ups.

4.	Easements:	NA

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

6.	Environmental Concerns:	None

7.	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.	Impact on Parks:	Minimal

4.	Impact on Community Facilities:	Minimal

5.	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 9.29 and a 2.74 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 south 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 developed, the applicant has stated that it was initially intended to be split into two lots, which is why the existing home was built on the northern end of the property. This location would provide adequate area for construction of a second home to the southeast.

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, or at least perceived by the property owner. However, it must be mentioned that the applicant has never paid assessments for 2 lots for road improvements or utilities, and stub connections for sewer and water, were never constructed for a second home on this site.

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.

In 2000, a 17 foot lot width variance was denied in for a property down the street from the subject site at 2924 16th Street NW. The Council found that there was not direct access off of an improved street; Assessments were never paid for future street improvements on Valerie Lane or sewer stub construction; Additionally, there were no lots within this neighborhood that did not meet the lot width requirement.

As demonstrated above, the City has granted similar lot width variances, however, the Council did deny a lot width variance in this neighborhood. However, that case did have unique circumstances. First, that property did not have direct access to a public street, and second, the width of the site was much more narrow than the proposed new lot. However, it is similar in that no assessments were paid to assume future creation of an additional lot.

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. The applicant has demonstrated by the attached grading plan that no negative impacts will result on the adjacent property.

Recommendation - Alternatives

Approval

Motion to recommend and adopt the attached resolutions approving PL00-8 and VN00-8 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.	As part of any building permit application a grading plan must be submitted, demonstrating consistency with the approved grading plan. Said plan shall be subject to review and approval of the City Engineer to ensure that there are no negative impacts on adjacent properties.

3.	Based on the Grading Plan, the City Forester shall inspect the site for potential tree preservation requirements.

4.	Relocation of the existing shed to meet all required setbacks.

Denial

Motion to waive the reading and adopt the attached resolutions recommending denial of PL00-8 and VN00-8.

Staff Recommendation

Because the City has approved many similar variance requests for lot splits that do not meet the minimum width requirement, however, do meet the minimum lot size requirement, additionally, the existing home was constructed on the site with intention of constructing a second home, staff recommends approval of the variance request subject to the conditions as outlined above.

Cary K. Teague, City Planner