5.3. PCSR 04-10-2007 - Laserfiche WebLink

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Case File: OA 07-OS Page 3 General Information Ordinance Amendment City of Elk River Applicant: City of Elk River Requested Action Ordinance Amendment Location and Size: N/A Background A property owner in the subject area has an open application for a Zone Change, which is the catalyst for this Ordinance Amendment request. The property in the Zone Change request is a result of a previous lot line adjustment. The lot was at one time two individual lots that were the same size as the neighboring properties. In the past the lot line was removed between the two properties and the lots were combined into one. The property owner's desire is to subdivide the 130-foot lot back into two lots, which would create a new buildable lot. With the current zoning and the minimum lot frontage requirement, the current lot is not wide enough to create the two lots. The property is zoned R2(a) with an 80-foot minimum width requirement. If it were zoned R2(b), which has a frontage requirement of 60-feet, the property could be divided. Staff has not identified any issues with the lot being split, as the newly created lot is consistent with the character of the neighborhood. The issue that would be raised, with the original request, is the practice of spot zoning. This practice is not typically supported by staff or the Council. After reviewing the Zone Change request, staff realized that a majority of the lots in the R2(a) zoning district are non-conforming. It was with this knowledge that staff recommended the applicant postpone his Zone Change request to May 8, 2007 Planning Commission meeting to allow the City explore an Ordinance Amendment for the area. The applicant agreed to this. Overview As a result of the aforementioned Zone Change request, this Ordinance Amendment request was brought before the City Council on February 20, 2007 for direction. The Council questioned if the request was premature, given the possibility of redevelopment in the area. The Council wanted feedback from the HRA in regards to the request. At their March 5, 2007 meeting, the HRA stated they would prefer to see an Ordinance Amendment over a Zone Change to the properties. Analysis The "subject area" is approximately 345-feet wide, east of Jackson Avenue, north of 5`h Street and south of School Street. Although this request began with a Zone Change request in the "subject area", this Ordinance Amendment would affect each lot in the R2(a) zoning district. The "subject area" is currently zoned R2(a) with asingle-family frontage requirement of 80-feet and a lot size requirement of 10,000 square feet. The properties in the subject area range in width from approximately 34-feet to 130-feet. In order to comply with the current zoning requirements, each single-family lot must have 80-feet of frontage. There are 20 properties north of 5th Street to School Street, of which only three meet the minimum lot widths. These three lots are wider than C:\Documents and Settings\dhuebner\Local Settings\Temporary Internet Files\OA 07-05 PC.doc