7.4. SR 07-16-2012 - Laserfiche WebLink

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(6) The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. (7) The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land. 1. Following review of your application, staff does not believe that all of the required findings can be made with respect to your proposed lot split, for the following reasons: (1) Your lot configuration appears to be inconsistent with Section 30-477, which requires that lot remnants are attached to adjacent lots rather than allowed to remain as unusable parcels. Lot remnants are lots that house storm-water features and offer no buildable site. (2) The proposed lot split is not consistent with the CitIT's Comprehensive Plan. The subject parcel is part of the 2010 Focused Area Study plan, which is part of the City's Comprehensive Plan. The Focused Area Study Plan identifies the need fox a connection of the drive serving the businesses on the west side of Highway 10 to the public street to the north. This proposed lot split would make this connection unlikely, to the detriment of the businesses in the area that rely on vehicular access. (3) The proposed lot split does not meet finding (3) because it creates a lot that provides less than 3,000 square feet of buildable land, well under the minimum size for C-3 zoning lots, and well below the minimum buildable area for the type and density of development and uses contemplated in the C-3 zoning district. (7) The proposed lot split does not meet finding (7) because it would have an adverse impact on the adjacent parcels, by making connection of roads unlikely, hampering the development and use of the lots on the west side of Highway 10. 2. In addition, the proposed lot split would create a new lot principally occupied by a pond which would make up approximately 85% of the land area of the new lot. It is staff's opinion that the pond would be the principle use of the new lot. Therefore, a billboard could not be built on the new lot. 3. The Minnesota Department of Transportation reviews all lot subdivisions adjacent to MnDOT Right of Way. Then- comment letter is attached, but in summary: Remove the entrance drive that appears based on the contours. Dedicate access control along Highway 10. No net increase in storm water runoff from the development to Highway 10. 4. Finally, pursuant to Section 30-322 of the City Code, the purpose of the subdivision code is to pro~ride for and guide the orderly, economic and safe development of land and urban services and facilities.... The proposed lot split does not support that purpose, with the flag shaped lot, limited use options, and impacts to the neighboring properties. Therefore, staff will be recommending against approval of the proposed lot split. If the lot split were to be approved, staff will recommend the following conditions: