5.1. BASR 06-28-2022 - Laserfiche WebLink

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to subdivide his property. The proposed subdivision, as shown on the site plan dated June 28, 2022, would result in three parcels, with the approximate dimensions:  Lot 1 (6.2 acres - 430’ of frontage)  Lot 2 (1.8 acres - 360’ of frontage) Lot size variance needed  Lot 3 (2.0 acres - 70’ of frontage) Lot size and width variance needed The applicant is waiting to have the required survey/plat work done until they find out if they will receive the variances. Once this is determined, they will apply for a plat and have the required survey work completed. The applicant had a wetland delineation completed which shows a large wetland complex across most of the north end of Lot 1 and about a half-acre wetland roughly in the middle of the entire subject area. This half-acre wetland complex was the one in question by staff when the delineation was requested. Lot 2 The proposed Lot 2 (~1.8 acre) has approximately 0.9 acres of upland outside of wetland and wetland setbacks. It is unclear if this 0.9 acre is enough area to support a house and primary/secondary septic systems. Typically, there is a need for 1 – 1 ½ acres. If variances are approved, survey work/soil testing will need to be completed to ensure lots can support primary and secondary systems before the variance or plat is recorded. Lot 3 It appears there is enough overall property that Lot 3 could meet the 2 ½ acre size requirement thus eliminating one of the three variances being requested. Staff recommends Lot 3 shall be the ordinance required 2 ½ acres. As proposed, Lot 3 is a Flag Lot which is prohibited by Section 30-482, even with a variance. A flag lot means a lot so shaped that the building site area is set back from the street on which the lot fronts and the lot includes an access strip, which is at any point less than 75 percent of the minimum lot width requirement in the zoning district, connecting the building site area with the frontage street. As proposed, the access strip to Lot 3 is approximately 70’ wide. The minimum lot width requirement for this property is 160’ and 75% of this is 120’. Staff is supportive of the lot width variance if Lot 3 is not less than 120’. It is understood there are significant grades in this area from the road into the property. County Road Access Sherburne County will only allow two access points to the subject parcel. Because of this, a shared driveway would need to be required for Lots 2 and 3. Lot 1 will have its own driveway as far north as allowed by wetlands. The applicant’s desire is to maintain the two driveways currently in the area of the county road access. If the variances are approved, staff recommends the driveway be as shown on the shared driveway exhibit. Applicable Regulation Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and The general purpose and intent are orderly development of property. The subject parcel has enough property to mathematically have four 2 ½ acre parcels. The applicant is requesting three parcels which is in harmony with the general purpose and intent of the ordinance. 2. Is consistent with the City of Elk River Comprehensive Plan.