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Home My WebLink About5G - Snell Property Subdivision CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: NOVEMBER 3, 2003 5G JANE KANSIER, PLANNING COORDINATOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR THE SUBDIVISION OF PROPERTY LOCATED IN SECTION 1, TOWNSHIP 114, RANGE 22 DISCUSSION: History: Marie Snell is the owner of approximately 53 acres of land located at 5290 and 5310 Credit River Road, which is on the northeast side of Credit River Road and CSAH 21. Donald Klingberg is the owner of a lot, approximately 0.32 acres in area, located at 5330 Credit River Road. This lot is surrounded by the Snell property. There are 3 houses located on the 2 existing parcels. Current Circumstances: Marie Snell is proposing to create a new lot consisting of22,398 square feet. This lot is the site of the existing house located 5310 Credit River Road. At the same time, Ms. Snell is proposing to add another 25' strip of land to the north side of the existing Klingberg property. The remaining house will be located on 52.49 acres. This property is zoned R-l (Low Density Residential). All of the existing homes are served by City sewer and water. The minimum lot area for parcels in the R-l District is 12,000 square feet. The 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 1:\03 files\03 adm plats\sne11\snell cc.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 II T n: .- FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: tracts as streets or roads or to improve, repair or maintain any such tracts. 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 Waivinl( Requirements. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply will not interfere with 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 53.06 acres ofland presently owned by Marie Snell presently includes 2 homes. This proposed subdivision will create a new lot for one of the existing homes. The proposal will also enlarge the existing Klingberg lot. The remaining 52.49 acre parcel will be the site of a single family dwelling. It is likely this parcel will be developed at some time in the future. At that time, the property must be platted and public services extended. With the development, the City will prepare a Development Contract and collect the appropriate development fees. Therefore, waiving the platting requirements at this time will not interfere with the purpose of the Subdivision Ordinance. Conclusion: The staff recommends the City Council waive the platting requirements and allow the property owner to create a lot for the home at 5310 Credit River Road and to convey a 25' strip of land to the Mr. Klingberg. As a condition of approval, the property owners must submit a deed or a certificate of survey describing the entire combined parcels. Budl(et Impact: There is no budget impact as a result of this proposal. The City Council has three alternatives: 1. Adopt a resolution waiving the platting requirements and allowing the property owner to create a new lot and to convey a 25' strip of land to the adjacent parcel, subject to the listed condition. 2. Deny the resolution and require the property be platted. 3. Defer this item and provide staffwith specific direction. A motion and second to adopt a resolution waiving the platting requirement and allowing the property owner to create a new lot and to 1:\03 files\03 adm plats\snell\snell cc.doc 11 Page 2 . I. convey a 25' strip ofland to the adjacent parcel, subject to the listed condition. REVIEWED BY: 1:\03 files\03 adm plats\snell\snell cc.doc Page 3 11 . If . 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 03-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL WAIVING THE PLATTING REQUIREMENTS AND ALLOWING THE CONVEYANCE OF PROPERTY IN SECTION 1, TOWNSIDP 114, RANGE 22 MOTION BY: SECOND BY: WHEREAS: Marie Snell and Donald Klingberg are the owners of property located in Section 1, Township 114, Range 22; and WHEREAS: The property owners have asked the City Council to waive the platting requirements for this property and allow them to create a new lot and to convey a 25' strip of land to the adjacent parcel; and WHEREAS: Future subdivision of the property will require platting and the extension of City services, including sewer and water; and WHEREAS: the City Council has found that waiving the platting requirements for this conveyance 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein as if fully setforth. 2. The platting requirements are hereby waived. 3. The property owners may convey the property as shown on the survey attached as Exhibit A. 4. Conveyance of this property is subject to the condition that the property owners submit a deed or a certificate of survey describing the entire combined parcels. Passed and adopted this 3rd day of November, 2003. YES NO Haugen Haugen Blomberg Blomberg LeMair LeMair Petersen Petersen Zieska Zieska Frank Boyles, City Manager 1:\03 files\03 adm plats\snell\resolution.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 II . or _ EXHIBIT A lS~,~C.(,l" ,. ..,., Jf'.II".t.'.....".. '''' "~~'~~~I ,,~ ~ 0> 1 t; C) <i ':11I g~ afi! flll~ d~~i ~~ 1- ,. 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