Discussion:
Cal Haasken, applicant, representing Harland Hohenstein, property owner, has filed an application for a Board determination on the expansion of a non-conformity. Mr. Hohenstein owns properties east of Marschall Road and south of Wood Duck Trail along Hohenstein Court. The first parcel is a 10 acre parcel, PID: 27-215001-0, where Mr. Hohenstein's residence is located, labeled as C on the aerial photo concept plan.
Mr. Hohenstein also owns PID: 27-215002-0, a vacant 10.53 acre outlot of Maple Trail Estates 2nd Addition, labeled as parts A, B, D, which was divided by the extension of Hohenstein Court by Scott County Right-of-Way Plat for the CSAH 17, Marschall Road Improvement Project.
The Right of Way Plat extended Hohenstein Court through the property, creating a roughly 6.28 acre section of land, labeled as parts B and D and a 4.25 acre section of land, labeled as part A.
As part of the Marschall Road project, Mr Hohenstein’s driveway was removed from Marschall Road and relocated to Hohenstein Court. A driveway easement was recorded across parts B and D to allow driveway access to Hohenstein Court for Mr. Hohenstein's house.
Mr. Hohenstein would like to attach part D, (roughly 3.4 acres) to his residence (part C), creating a roughly 13.4 acre parcel, reducing the size of parcel B+D from 6.28 acres to 3.1 acres.
All of Mr. Hohenstein’s property is zoned RR, Rural Residential, which has a minimum lot size of 10 acres. The Scott County Right-of-Way plat created parcels of land less than 10 acres, which is permitted by State Statute for projects involving public improvement projects by government agencies.
City Code Section 151.017 regulates non-conformities. This site is considered a Type B non-conformity. A Type-B non-conformity is a use that doesn't meet specific design standards set forth by the zoning code. In this case, the lots created by the Right-of-Way plat are less than 10 acres.
The language regarding determinations for expansion of Type-B non-conformities is listed below:
(1) Expansion of an existing use or structure, reconstruction of a partially destroyed structure, construction of a new structure, or other intensification of a Type B nonconformity may be permitted upon a finding by the Board of Adjustment and Appeals of the following:
(a) The number and extent of nonconformities will not be increased in conjunction with the proposed construction or intensification;
(b) The impact of nonconformities upon adjacent property will not be increased in conjunction with the proposed construction or intensification; and
(c) The conditions to be imposed by the Board of Adjustment and Appeals will effect the intent of this section.
The Board is tasked with determining if by the addition of part D to part C, the non-conformity complies with City Code language. Mr. Hohenstein intends to sell parts A and B as residential lots and add part D to the lot his house is located on. If the Board approves the determination, the applicant must final plat the property to create the additional lots for building sites.
Staff believes that the proposed lot line adjustment will not alter the character of surrounding properties. The proposal does not create additional building sites, or impact the likely location of a future house, due to the location of the existing driveway easement.
From past experience, driveway easements in residential developments are very problematic and result in maintenance, location, and use disputes. City Code requires lots to have frontage on public streets to eliminate these situations. City staff are often called upon to mediate disputes between landowners and easement holders, and thus support this request.