Minor Subdivision - 3654 Rustic Place, Steve Tomas
To approve the minor subdivision for Steve Tomas to allow him to divide the property at 3654 Rustic Place into two parcels, subject to the following conditions:
This recommendation of approval is based on the following findings of fact:
Steve Tomas, on behalf of Tomas Companies, Inc., has submitted a minor subdivision application to divide the property located at 3654 Rustic Place into two parcels. The property has an active demolition permit and the applicant has been actively working to bring the property into compliance with the code requirements on both parcels. The City will require the demolition of the existing attached garage, detached shed, breezeway, attached deck, and attached sunroom in order for the owners to construct a new single-family home on Parcel A. A new attached garage is proposed for the existing house that will remain on Parcel B.
Site Characteristics
The property is located along the eastern border of Shoreview, between Rustic Place and Rice Street, with access off Rustic Place. The existing property is a rectangular lot of 1.29 total acres, or 56,400 square feet, with a width of 200 feet and a depth of 282 feet. There is an existing single-family home with an attached garage on the property that was constructed in 1952 and has not gone through previous planning commission review to date. The property is zoned R1, Detached Residential, as are the adjoining properties to the north, west, and south.
The lot is relatively flat on the western side, with grade changes taking place along the eastern portion of the lot approximately 150 feet into the lot. Tree cover on the lot was significantly reduced along the grade in the rear yard prior to the application for a minor subdivision/demolition permit. Therefore, there is only limited tree cover along the western edge that abuts Rustic Place.
Project Description
The proposed subdivision will create two new lots, both of which will maintain the rectangular structure of the existing lot. Parcel A will be 90 feet wide and 282 feet deep with access off of Rustic Place, and Parcel B will be slightly larger, with a width of 110 feet and a depth of 282 feet, also accessing off of Rustic Place.
Development Ordinance Requirements
Under Sec 105-36, minor subdivisions require review by the Planning Commission and approval by the City Council. Minor subdivisions must be reviewed in accordance with subdivision and zoning district standards outlined within Shoreview's Development Regulations.
The City’s subdivision standards (Chapter 105) require all lots to front on a publicly dedicated right-of-way. Municipal sanitary sewer must also be provided to the new lot. These standards also require 5-foot public drainage and 10-foot utility easements along property lines where necessary. Public drainage and utility easements are also required over infrastructure, watercourses, drainages, or floodways.
The property is zoned R1, Detached Residential, as are the adjacent properties. The two new lots will meet the minimum dimensional requirements for lot area, width, and depth as outlined in Sec. 107-67 (e) as shown in the table below.
| R1 Dimensional Requirements | Parcel A | Parcel B | |
| Lot Size | 10,000 sq. ft. | 25,380 sq. ft. | 31,020 sq. ft. |
| Width | 75 feet | 90 feet | 110 feet |
| Depth | 125 feet | 282 feet | 282 feet |
STAFF REVIEW
The survey submitted demonstrates that both new lots have frontage and access on a public right-of-way. Parcel A will have adequate buildable area for a new detached single-family structure that will meet the minimum setback requirements, while Parcel B shows sufficient area to construct a new attached garage that will meet minimum setback requirements and bring the home into compliance with minimum off-street parking requirements.
The existing accessory buildings and portions of the existing home will need to be removed prior to the deed being recorded. According to Shoreview's Development Code Sec. 107-67, detached residential is the only principal use allowed on R-1 lots. Subdividing the property without removing the shed accessory building that is near the northern property line would create a nonconforming use on Parcel A. In addition, the proposed subdivision line bisects the current attached garage and breezeway portions of the home, along with the attached deck, which would make each of them non-compliant with their respective required setback requirements. Lastly, a portion of the principal structure, which is located between the attached deck and the walkway from the driveway to the front door, would be non-compliant with the 10' side yard setback using the proposed subdivision line. The applicant has expressed that they will be removing that portion of the home, which they refer to as a "sunroom," to both comply with the setback and create room to construct an attached garage for the existing home on Parcel B. Staff recommends, as a condition of approval, the removal of the detached accessory structure on Parcel A, the attached garage, the breezeway, the attached deck, and the "sunroom" prior to the City endorsing the deeds for recording.
The U-turn driveway that provides access to the existing home on the site, along with the two curb cuts, will need to be repaired and new access points created to meet driveway setback and access requirements per code.
Water and sanitary sewer connections will need to be installed for Parcel A. The City has water and sanitary sewer lines in the Rustic Place right-of-way. Escrows and associated permit fees will be required prior to the installation of the new driveways for both Parcels.
Tree impacts will be evaluated further during the building permit process, and replacements will be required per city code. A tree survey will be required as part of a future building permit application. A grading and drainage plan will also be required.
PUBLIC COMMENTS
Property owners within 350 feet were mailed notice of the subdivision application. At the time of this report, staff had not received any comments.
AGENCY COMMENTS
All agency comments have been incorporated into the recommended conditions
To approve the minor subdivision for Steve Tomas to allow him to divide the property at 3654 Rustic Place into two parcels, subject to the following conditions:
This recommendation of approval is based on the following findings of fact: