07-27-1999 BA MIN - Laserfiche WebLink

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• Chair Cote asked if the County has requested additional right-of-way. Mr. Wensman stated that they will be sent a copy of the proposed administrative subdivision if the variance is approved. He did not anticipate that the County would ask for additional right-of-way, since they have not asked for any with Mr. Sneft's previous splits. Mr. Wensman noted that if it is determined the wetland on the proposed Lot B is over one acre, the wetland cannot be included as lot area calculation and the amount of the acreage for the variance would increase. Commissioner Kuester suggested that if there are other properties in the area with similar circumstances, that an ordinance amendment may be appropriate to avoid the need for variances. Mr. Wensman stated that staff has discussed the idea and they will address the issue during the recodification process. Chair Cote opened the public hearing. Tom HeIs, 9731 221st Avenue, property owner adjacent to the subject property, had a number of questions which staff responded to as follows: 1. The request is being made in order to sell Lot B 2. The zoning of the property will remain Al (Agricultural) with a minimum lot size of 10 acres(or 4 lots per 40 acres). 3. The setbacks and maximum accessory structure regulations for the A 1 district will apply. 4. A future home on Lot B may face any direction the owner chooses. 5. Whether the driveway access will be on 221St or County Road 33 will be • determined by the future property owner, subject to County approval. 6. Distance between driveways on a county road is regulated by the County. 7. Soil testing will be done to determine what type of septic system will be required. The Commissioners and staff discussed the impact on the variance request, if the wetland on Lot B is determined to be larger than 1 acre. There being no other comments from the public, Chair Cote closed the public hearing. COMMISSIONER KUESTER MOVED APPROVAL OF THE REQUEST BY GERALD SNEFT FOR A.56 ACRE VARIANCE AND A 3.28 ACRE VARIANCE OR, AS REVISED SUBJECT TO REVIEW BY THE DNR, FROM THE MINIMUM LOT AREA REQUIREMENTS IN THE Al (AGRICULTURAL) ZONING DISTRICT, PUBLIC HEARING CASE NO. V 99-8, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD • DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE.