HomeMy WebLinkAboutResolution - 89-128 - Deny Request - Outlot A, Crestwood 89 - 06/06/1989 RESOLUTION NO. 89-128
FINDINGS , CONCLUSIONS , AND DECISION
RE: REQUEST FOR REZONING FROM RURAL DISTRICT TO
R1-22 DISTRICT AND PRELIMINARY PLAT
INTO THREE LOTS OF OUTLOT A, CRESTWOOD 173
BACKGROUND
Alex Dorenkemper has applied for the rezoning of Outlot A,
Crestwood 173 from the Rural District to the R1-22 District and
approval of a subdivision of Outlot A, consisting of 95 , 630 sq .
ft . , into' three lots , to-wit : Lot 1 , 36 ,450 sq. ft . ; Lot 2 ,
30 , 780 sq. ft . ; and Lot 3 , 28 , 400 sq . ft . There is presently
situated on Lot 1 a single family residence .
FINDINGS AND CONCLUSIONS
1 . Outlot. A is situated outside the Metropolitan Urban
Service Area as determined by the Metropolitan Council and does
not have available to it municipal sewer and water facilities at
this time , and the Metropolitan Council has discouraged develop-
ment in those portions of the metropolitan area outside of such
service area .
2 . The proposed subdivision does not comply with the
requirements of the City ' s Zoning Code (Chapter 11 , City Code )
for lots in the R1-22 District in that the East wall of the
existing single family dwelling is 10 feet from the East line of
Lot 1 , whereas City Code §11 . 03 , Subd . 2. B . requires 15 feet .
3 . City Code Section 11 . 03 , Subd . 3 . A. provides that lots
in all districts are required to have frontage on a public
street . The owner of Outlot A has not proposed
the extension to Lot 3 of a public street meeting the City ' s
design standards ; also, the present access to Lot 2 does
not meet the City ' s public street design standards .
4 . City Code §11 . 11 requires that single family dwellings
in the R1-22 District have sanitary sewer and water service .
Municipal sewer and water service are not expected to be extended
to the area until after the year 2000 .
5 . The City' s Comprehensive Guide Plan designates the pro-
perty as low density permitting 21 units with municipal sewer and
water , per acre . Outlot A does not have access to municipal
sewer and water .
6 . The Metropolitan Councils policy is to limit residen-
tial development to no more than one unit for each 10 acres ( a
maximum of four units for each 40 acres ) . The proposed rezoning
and subdivision would exceed such density .
Additional findings relating to the request for preliminary
plat approval. follow:
7 . City Code Chapter 11 , §11 . 03 , Subd . 2 . B . requires at
least 10 acres for construction of a single family dwelling in a
Rural District and in addition , a minimum lot width of 300 feet and
depth of 300 feet .
8 . Lots 1 , 2 , and 3 are each less than 10 acres in area ,
are less than 300 feet wide and in the case of the East line of
Lot 2 and all of Lot 3 are less than 300 feet in depth , and do
not meet the requirements of City Code §12 . 30 , Subd. 12 . B . that
the minimum dimensions of a lot in a subdivision shall not be
less than those required by Chapter 11 of the City Code .
9 . There is situated on Lot 1 a house and approval of the
subdivision would result in the Easterly line of the house being
within a distance of 10 feet from the Easterly line of Lot 1
thereof , which line constitutes a side lot line as defined in the
Zoning Code .
10 . The Zoning Code requires single family detached
dwellings in Rural Districts to be situated to leave at least a
50 feet side yard setback .
11 . The proposed subdivision would result in the East line
of the single family dwelling situated on Lot 1 being in viola-
tion of the Zoning Code , relating to the Rural District .
DECISION
Based upon the foregoing Findings and Conclusions the
request for rezoning Outlot A, Crestwood 173 from the Rural
District to the R1-22 District and subdividing it into three lots
is denied.
ATTEST:
Jo n Frane, City Clerk -arG y D- Peter�'sorf, Mayor