DEVELOPMENT BUSINESS - Lori Johnson, City Planner
Title
GRANTING A CONDITIONAL USE PERMIT AMENDMENT TO ESTABLISH STANDARDS FOR A .19 ACRE LOT IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT LOCATED AT 11743 LONDON STREET NE. KATJA LUDGATE AND MICHAEL HUDOBA. (CASE FILE NO. 20-0037)
Schedule of Actions
|
Planning Commission (Public Hearing) |
11/10/20 |
|
City Council (Conditional Use Permit) |
12/07/20 |
|
Action Deadline |
01/29/21 |
Planning Commission
Staff report prepared by Lori Johnson
The Planning Commission voted unanimously to approve the Conditional Use Permit Amendment. Two people who lived in Deacon’s Forest 3rd Addition spoke at the public hearing and their concerns were as follows:
• One resident spoke about making sure the construction of the new home would be consistent with the Deacon’s Forest 3rd development.
• One resident had concerns about ongoing outside storage on the large lot that is being subdivided, as well as the neighborhood along 119th Avenue. He would like to see the large lot and the new lot included in the homeowner’s association.
• One resident had questions about the subdivision process and its relation to the sale of the property.
The applicant also spoke on her own behalf.
Background
In 2004, the subdivision known as Deacon’s Forest 3rd Addition was created on the east side of London Street at the 118th Avenue alignment. The subdivision was then zoned to DF (Development Flex) and a set of standards was established through the conditional use permit for this development.
One of the lots in this development, on the southeast corner of London Street and 118th Avenue (Lot 1, Block 1), was platted as a larger lot due to the existing home on the property and the desire of the owners to keep the lot larger for their own personal use. Once the development was underway, the owners of this larger lot decided they wanted to build a new home on the property, rather than keep the existing home. In 2004, the City Council granted a conditional use permit amendment for this property so the new home could be constructed similarly to the adjacent homes on London Street and on the west side of the London Street. Essentially, the homeowner wanted to build a larger home with different setbacks and standards than those allowed in the Deacon’s Forest 3rd Addition.
At this time, the owners of Lot 1, Block 1 Deacon’s Forest 3rd Addition, would like to subdivide this larger lot to accommodate the creation of a 60-foot by 135-foot lot (Parcel B) on the east side of the property. The size of the new lot matches the rest of the lots created in Deacon’s Forest 3rd Addition. Utility services are present in 118th Avenue to serve a new lot of this size at this location. The existing home would remain on Parcel A.
Also requested is a conditional use permit amendment for the new lot (Parcel B) that is being created. As previously stated in this report, the development standards for the underlying larger lot do not currently match what is required for the Deacon’s Forest 3rd Addition smaller lots. The amendment being proposed would establish standards for this new lot that make the home construction consistent with the other homes within this development, rather than the larger homes on London Street and on the west side of London Street. Parcel A would still remain under the development standards of Resolution 04-127.
Staff has become aware that there are private irrigation lines running through Parcel B adjacent to 118th Avenue. These lines were installed when Deacon’s Forest Third Addition was under construction so the association could maintain the front portion of the newly proposed Parcel B. The applicant and the association will need to work together to either keep the irrigation lines in place and add Parcel B to the association or allow the irrigation lines to be removed and reinstalled by the owner of the new lot. This is a private agreement that the City cannot participate in.
Recommendation
By motion, approve the Resolution.
Attachments
See Waiver of Platting report.
Body
WHEREAS, an application has been filed by Ludgate, Katja C and Hudoba, Michael J as Conditional Use Permit Amendment Case File No. 20-0037; and
WHEREAS, said case involves the land described as follows:
THE EAST 60.00 FEET OF LOT 1, BLOCK 1, DEACON’S FOREST 3RD ADDITION, AS MEASURED AT RIGHT ANGLES OF THE EAST LINE THEREOF.
WHEREAS, a public hearing has been held by the Blaine Planning Commission on November 10, 2020; and
WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit Amendment be approved; and
WHEREAS, the Blaine City Council has reviewed said case on December 7, 2020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit Amendment is hereby approved per Section 29.110 of the Zoning Ordinance to establish standards for a .19 acre lot in a DF (Development Flex) zoning district (Deacon’s Forest 3rd) based on the following conditions:
1. Home construction on the new lot must meet all standards set forth in Resolution 04-07 for Deacon’s Forest 3rd Addition.
2. Resolution 04-127 no longer applies to the new lot being created with the associated waiver of platting.
3. Stucco, brick and natural stone must be used on the homes to match the homes in the Deacon’s Forest 3rd Addition.
PASSED by the City Council of the City of Blaine this 7th day of December, 2020.