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Home My WebLink About07/10/12City of Farmington 430 Third Street Farmington, MN 55024 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) June 12, 2012 Regular Meeting 3. PUBLIC HEARINGS a) Variances from the minimum lot size requirement within the A -1 Zoning District to allow the creation of two parcels less than 40 acres in size through the waiver of plat process. Applicant: Terry Donnelly 18679 Flagstaff Avenue Farmington, MN 55024 4. DISCUSSION None 5. ADJOURN AGENDA PLANNING COMMISSION July 10, 2012 7:00 P.M. CITY COUNCIL CHAMBERS A Proud Past A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers TO: Planning Commission FROM: Lee Smick, City Planner AICP, CNU- Accredited City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 Fax 651.280.6899 www.ci.farmington.mn.us SUBJECT: Variance from the minimum lot size in the A -1 zone Terry Donnelly Property DATE: July 10, 2012 INTRODUCTION The applicant, Terry Donnelly, is seeking a variance from the minimum lot size requirement in the Agricultural Zoning District (A -1) to subdivide an existing 39.96 -acre parcel to create one 6.66 -acre parcel and one 33.3 acre parcel. The minimum lot size in the A -1 zoning district is 40 acres. PLANNING DIVISION REVIEW Applicant: Terry Donnelly 18679 Flagstaff Avenue Farmington, MN 55024 Property Location: South of 200 Street and west of Flagstaff Avenue Existing Lot Size: 39.96 acres Proposed Lots after Subdivision: One 6.66 -acre lot and one 33.3 -acre lot Existing Zoning: A -1 (Agriculture District) 2030 Comprehensive Plan: Agricultural Existing Land Use: Agricultural Uses Surrounding Land Uses: Agricultural Uses /Single Family Home DISCUSSION Nonconforming Parcel The minimum lot size requirement for properties within the A -1 District was amended in May of 2002. The previous minimum lot area requirement was one (1) acre and was changed to 40 acres. The applicant is requesting to split his property into two parcels, less than 40 acres in size, which requires a variance to the lot standards in the A -1 Zoning District. The lot split is to allow for a single family home on the property. The following is a list of those properties that have received variances in the past from the A -1 district: Pelach 6 -12 -12 (4 parcels) Approved Malszycki 3 -9 -10 (Two 1 ac.) Approved Malszycki 2008 Approved Pat Donnelly 10 -10 -06 (5 ac.) Approved ISD #192 10 -10 -06 (18.4 ac.) Approved Terry Donnelly 6 -10 -03 (5 ac.) Approved Kindseth 2 -11 -03 (1.42 and 1.69 ac.) Approved Ben Ward 1 -14 -03 (4.71 ac.) Approved Bob Donnelly 12 -10 -02 (30 ac.) Approved The Board of Adjustment may vary the regulations of this Title if the following requirements are met: 1. Because the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this title would cause practical difficulties. Economic consideration alone does not constitute practical difficulties. The City Code was amended in May of 2002 to increase the minimum lot area required for properties in the A -1 District from one (1) acre to 40 acres. If the Code amendment had not occurred, the applicant could proceed with the waiver of plat and be in complete compliance with the Zoning Code. The amendment to the code, therefore, may have caused undue hardship to the applicants. 2. That the variance would be consistent with the comprehensive plan. The comprehensive plan shows the properties as agriculture. The properties are consistent with the 2030 Comprehensive Plan. 3. That the variance would be in harmony with the general purposes and intent of this title. A single-family home will be located on the property and the larger parcel will be farmed making them in harmony with the intent of this title. 4. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other properties within the same zoning classification. When the City Code was amended to increase the minimum lot size in the A -1 District, several properties became nonconforming. The subject property, along with the majority of properties in the A -1 District, however, did not become nonconforming and does comply with the minimum lot size requirement of 40 acres, thereby making this parcel unique. 5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the parcel of land. When the City Code was amended to increase the minimum lot size in the A -1 District, several properties became nonconforming and a hardship was created. 6. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. Granting the variance to create 6.66 acre and 33.3 acre parcels would not alter the character of the area or have a negative impact on other property in the vicinity. The remaining property will continue to be farmed, meeting the A -1 zoning requirements. 7. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. The proposed variance would not result in any of the above mentioned adverse effects. 8. The requested variance is the minimum action required to eliminate the practical difficulties. The Planning Commission must determine whether granting a variance to create two parcels is the minimum variance that would eliminate the potential hardship. 9. Variances may not be approved for any use that is not allowed under this title for property in the zone where the affected person's land is located except that the temporary use of a one family dwelling as a two family dwelling may be authorized by variance. The alleged difficulty or hardship is caused by this Title and has not been created by any persons presently having an interest in the parcel of land. The hardship, if determined by the Planning Commission to exist, was not created by the applicants or any other person having an interest in the property. ACTION REQUESTED Recommend approval of the variance to allow the creation of one 6.66 acre lot and one 33.33 acre lot on the Terry Donnelly property south of 200 Street and west of Flagstaff Avenue through a lot split. Respectfully Submitted, Lee Smick, AICP, CNU -A City Planner g "FC r v�� Address: g 71 Street Premises Involved: Signature of P party Owner Comments: Conditions Set: Planning division: Receipt#: 217349 ABSTRACT FEE $46.00 Return to: CITY OF FARMINGTON ATTN CYNTHIA MULLER 430 THIRD ST FARMINGTON, MN 55024 VARIANCE APPLICATION Applicant: T e h t U t14 v1 i 0 11 y Telephone: J to 3 -72 b Address: 1 its _7 c l i 0. cq srt q P--P !Lc �a�- k �v,�t 1 h4 w c So z`(' Street l City State Zip Code Owner ICU vt ti c+ 1 1 Telephone: f 4 3° 7 MI F IQ5she .f- Faro }L,.. Mt.& S.S'D 2`f' City State Zip Code Address/ Legal Description (lot, block, plat name, section, toZiship, range) Current Zoning District r Current Land Use r 0, Specific Nature of Request Cla t imed Practical Digiculties: V a-- Y'/wr•-t! (t j. 4- 'L SUBMITTAL REOUIREMENTS Proof of Ownership Application Fee ($200) Boundary Lot S ey E\ City of Farmington 430 Third Sireel Farmington. Minnesota 651.280.6800 Fax 651.230.6499 www.o.farmington.mn.us S er 4.. s vvyT e 4v ct -A Copies of Site Plan Abstract/Residential List (adjoining property owners only) Tonens (Owner's Duplicate Certificate f Ti Re wired) t A p LHL- Date 2884513 Recorded on: 8/2/2012 09:20:05AM By: STG, Deputy Joel T. Beckman County Recorder Dakota County. MN fh. S.? e Date: (0— Signature of licaut f Date c iJ U E 1 2012 Request Submitted to the Plan /n ission on y,2 /Zi For o ce us only Public Hearing Set for: 7 Advertised in Local Newspaper: Z z Planning Commission Action: Approved Denied Fee Paid $200 City of Farmington $46 Dakota County Recorder 9/06 DRAFTED BY City of Fanmtgton 430 Third Street Farmington, MN 55024 z 0 C 0 6 O z z W 0 co co co z W 00 T lS'£69 •6 C $/l 3N 311 30 in MN 31(1 30 3Nf7 10V3 i/l 3N 3141 d0 i/t MN 311. d0 9/1 1S3M 311 d0 am 1SV3 M „6Z, 2.00 S Z9'61,21. M „4Z,ZZ.00 S 64'6L£ 9LZ19 9L11 94L£l M „S4,ZZ.00 S \1 i/l 3N 3141 A0 VI MN 3141 d0 3Nf1 1S3M 261 LS cri 0) 1 1 W td- 0 CO Dakota (ottni). 11\ Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch 1427 feet I'Li 1 o1 1 6!28/2012