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HomeMy WebLinkAbout5C - Subdivision of Property at 5995 Timber Trail/~ PRIp~ U trj 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 1, 2010 AGENDA #: 5C PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR THE SUBDIVISION OF PROPERTY LOCATED AT 5995 TIMBER TRAIL (HARBOR COMMUNITY CHURCH) DISCUSSION: Introduction The purpose of this agenda item is to review a request for the subdivision of an unplatted parcel of land. The proposal includes the conveyance of 0.72 acres of land to be transferred from the Harbor Community Church property to the adjacent residential lot (5975 Timber Trail). If both parcels were previously platted, this exchange would be handled by City Staff by an administrative approval; however, since the church property is unplatted, the City Council is asked to waive the platting requirements. History The Harbor Community Church is the owner of approximately 4.1 acres of land located at 5995 Timber Trail, which is located on the southeast side of TH13 adjacent to the City of Savage. The church has agreed to sell a 0.72 acre triangular area at the eastern edge of the property to Mr. Charles Stevens, the adjacent residential property owner at 5975 Timber Trail. Current Circumstances The parcels are designated as R-LD (Low Density Residential) on the 2030 Comprehensive Plan, and are zoned R-1 (Low Density Residential). The existing home and church properties are both served by City sewer and water. The minimum required lot area for parcels in the R-1 District is 12,000 square feet (0.28 acres). ISSUES: The subdivision of unplatted land (lands described by metes and bounds) is regulated by Sections 1006.104 through 1006.106 of the City Subdivision Ordinance. These sections state the following: 1006.104 Conveyance By Metes And Bounds. No division of one or more parcels in which the land conveyed is described by metes and bounds shall be recorded if the division is a subdivision, as defined by the Subdivision Ordinance. Building permits will be withheld for buildings or tracts that have been subdivided and conveyed by this method without City approval and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts. Phone 952.447.9800 /Fax 952.447.4245 / www.cityofpriorlake.com 1006.105 Exceptions. The provisions of Section 1006.104 do not apply where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and five hundred feet (500') in width for residential uses and least five (5) acres or larger in size for commercial and industrial uses. 1006.106 Council Resolution Waiving Requirements. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply will not interfere wifh the purpose of this Section, the Council may waive such compliance by the adoption of a resolution to that effect and the conveyance may then be filed. The applicant is requesting a waiver of platting requirements to subdivide the parcel in order to allow for a transfer of a portion of the church property to the residential property. The realignment of the property lines will not create any nonconformity with the current Zoning Ordinance. In addition both properties are developed and currently serviced with an existing street and public utilities. Therefore, waiving the platting requirements at this time will not interfere with the purpose of the Subdivision Ordinance. In this particular case, City Staff believes that the obligation of the platting requirements creates an unnecessary hardship for the property owner to subdivide the property. As a condition of approval, the property owner(s) must submit deeds for the newly created parcels as well as record an easement for drainage and utility purposes across the northern boundary of the residential property. FINANCIAL There is no budget impact as a result of this proposal. IMPACT: ALTERNATIVES: 1. Adopt a resolution waiving the platting requirements and allowing the property owner to subdivide the property. 2. Deny the resolution and require the property be platted. 3. Defer this item and provide staff with specific direction. RECOMMENDED MOTION: Revi d by: Frank Bovl A motion and second to adopt a resolution waiving the platting requirement and allowing the property owner to subdivide the property. Hager rte, P~O~ ti U try ~jNNESO~~ 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 10-xx A RESOLUTION WAIVING THE PLATTING REQUIREMENTS AND ALLOWING THE SUBDIVISION OF PROPERTY LOCATED AT 5995 TIMBER TRAIL NE (HARBOR COMMUNITY CHURCH) Motion By: Second By: WHEREAS, Harbor Community Church is the owner of property located at 5995 Timber Trail NE; and WHEREAS, The property owner has asked the City Council to waive the platting requirements for this property to allow for the transfer of 0.72 acres of land from the church parcel to the adjacent residential parcel (5975 Timber Trail); and WHEREAS, The City Council has found that compliance with the restrictions set forth in Sections 1006.104 and 1006.105 of the Subdivision Ordinance will create an unnecessary hardship and failure to comply will not interfere with the purpose of the Subdivision Ordinance; and WHEREAS, The City Council has approved the conveyance of this property by metes and bounds. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The platting requirements are hereby waived. 3. The property owners may convey the property as shown on the survey attached as Exhibit A.Conveyance of this property is subject to the condition that the property owners submit deeds describing the newly created parcels. 4. A public easement must be recorded for drainage and utility purposes across a portion of the property at 5975 Timber Trail (residential property). 5. The proposed transferred land shall be combined with Lot 11, Block 2 Woodland Heights in one parcel of record. PASSED AND ADOPTED THIS 1sT DAY OF NOVEMBER, 2010. YES NO M ser M ser Erickson Erickson Hedber Hedber Keene Keene Millar Millar Frank Boyles, City Manager Phone 952.447.9800 /Fax 952.447.4245 / www.cityofpriorlake.com