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Home My WebLink About5J Berggren Beach Pre and Final Plat4646 Dakota Street SE Prior La ke, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 23, 2012 AGENDA #: 51 PREPARED BY: JEFF MATZKE, PLANNER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE COMBINED PRELIMINARY AND FINAL PLAT TO BE KNOW AS BERGGREN BEACH ADDITION DISCUSSION: Introduction JB Woodfitter and Associates have applied for approval of a plat to be known as Berggren Beach. The property is located at 4853 Beach Street NE, along the northern shores of Lower Prior Lake, east of Rosewood Road NE and west of Bluebird Trail NE. The request calls for the subdivision of the existing lot into two residential lots. History The applicant proposes to subdivide the property into 2 residential lots in order to alleviate the nonconformity of two principal structures on a single lot. Due to the limited amount of historical building records on the property, the exact date upon which nonconformity was created cannot be determined; the cabin on the east side of the lot was built in 1920, and the house in 1976. The proposed layout of the lots requires variances from the minimum lot width and side yard setback from the newly created lot line which subdivides the property. These necessary variances were approved by the Planning Commission on July 16, 2012. Also, the Planning Commission held a public hearing to consider the combined preliminary and final plat at their meeting on July 16, 2012. At that meeting the Planning Commission recommended approval of the plat; one area resident voiced opposition to smaller lots on the lake. This requested plat and accompanying variances were previously approved by both the Planning Commission and City Council in June of 2011; however, in the weeks that followed, the applicant decided not to pursue the project. After two months passed and the resolutions and plat were not recorded, the approvals of the Planning Commission and City Council became null and void. At this time, JB Woodfitter is re- requesting approvals for the project in order to now move for- ward with the same prior variance and plat approvals. Current Circumstances The applicant proposes to subdivide the property into two residential properties. Currently, two single family dwellings exist as a nonconformity on the property. By city ordinance, no more than one principal building is allowed on one lot (Sec- tion 1101.501 (4)). The following paragraphs outline the physical characteristics of the existing site, the Comprehensive Plan and zoning designations, and a description of some of the specifics of the site. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com PHYSICAL SITE CHARACTERISTICS: Total Site Area: The total site consists of 0.90 acres. Topography: This site has a generally level topography, with elevations ranging from 955' MSL at its highest point to 904' MSL (ordinary high water elevation of Prior Lake). Vegetation: The current property contains two single family home structures. There are also some significant trees on this site. No grading is proposed there- fore, no trees will be impacted by the re- platting of the property. Wetlands: No wetlands are located on the site Access: Access to the site is currently from Beach Street. 2020 Comprehensive Plan Designation: This property is designated for Urban Low Density Residential uses on the 2030 Comprehensive Plan Land Use Map. Zoning: The site is located within the R -1 Zoning District (Low Density Residen- tial). The R -1 district is consistent with the proposed R -LD designation. This dis- trict permits a maximum density of 4.0 units per acre. Shoreland: The site is located within the Shoreland District of Prior Lake and is subject to the City's Shoreland Ordinance. PROPOSED PLAN Lots: The combined preliminary and final plat consists of 2 lots for single family dwellings. Lot 1 is 15,361 square feet and Lot 2 is 25,015 square feet. Streets: The proposed lots have frontage on existing Beach Street. No new streets are proposed. Sanitary SewerMater Mains: Sanitary sewer and water lines are in place for the both existing residential structures. In addition an unused sewer and water service is located at the northeast corner of the property. Storm Sewer: No grading changes to the current runoff patterns are proposed for the replating of the lots. Setbacks: The building areas on both lots will meet the required setbacks for the R -1 residential district pending the variance approvals. Impervious Surface: The impervious surface of the proposed lots are as fol- lows: Lot 1 = 24.9% and Lot 2 = 6.0 %. The maximum allowed impervious sur- face according to the Shoreland Ordinance is 30% per lot. Conclusion The combined preliminary and final plat application will comply with all relevant ordinance provisions and City standards, provided all the conditions of approval are met. Also, the nonconforming dual principal structures on the single lot will be alleviated by the replatting of the existing lot along with the dedication of ac- cess and utility easements. 2 ISSUES: The Planning Commission and staff recommend approval of this combined pre- liminary and final plat subject to the listed conditions; on the basis it is consistent with the provisions of the Zoning and Subdivision Ordinance and City Standards. The applicant proposes to subdivide the property into 2 residential lots in order to alleviate the nonconformity of two principal structures on a single lot. By City Or- dinance no more than one principal building is allowed on one lot (Section 1101.501 (4)). The overall layout of the plat appears appropriate given the nar- row lot constraints of the site. The Planning Commission and staff recommend approval of the combined preliminary and final plat subject to the following condi- tions: 1. The plat approval is subject to approval of variances from the minimum lot width, and sideyard setback. 2. The applicant shall record a private utility easement over the northeast corner of Lot 1, Block 1 for the benefit of Lot 2, Block 1. 3. The applicant shall record a private access easement over a portion of the driveway area of Lot 1, Block 1, within 90 days of plat approval unless a build- ing permit is approved for removal of the principal structure on Lot 2, Block 1 and construction of a new principal structure. In this event a separate drive- way shall be constructed for vehicular access to the new principal structure on Lot 2, Block 1. 4. In the event a new principal structure is constructed upon Lot 2, Block 1, the new structure's individual sewer and water service shall be through the un- used existing lateral services at the northeast corner of Lot 2, Block 1. 5. The applicant must provide proof of installation of all subdivision monumenta- tion within one (1) year from the date of recording the plat, or prior to issu- ance of a building permit, whichever occurs first. 6. The applicant shall obtain required permits from all applicable governmental agencies prior to final plat approval. 7. The final plat shall be recorded at Scott County within 60 days of approval by the City Council. FINANCIAL There is no budget impact as a result of this action. Approval of the project may IMPACT: increase the City tax base by allowing the property owner to sell one or both house lots separating and newer homes may be placed on the properties in the future. ALTERNATIVES: The City Council has the following alternatives: 1. Adopt a resolution approving the Combined Preliminary and Final Plat for this development subject to the listed conditions, with the finding that the plat is consistent with the intent and purpose of the Zoning and Subdivision Ordi- nances. 2. Deny the Preliminary and Final Plat on the basis it is inconsistent with the purpose and intent of the Zoning and Subdivision Ordinances and /or the Comprehensive Plan. In this case, the Council should direct the staff to pre - pare a resolution with findings of fact based in the record for the denial of the- se requests. 3. Defer consideration of this item and provide staff with specific direction. RECOMMENDED A motion and second adopting a resolution approving the Combined Preliminary MOTIONS: and Final Plat to be known as Berggren Beach. 3 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 12 -XXX A RESOLUTION APPROVING THE COMBINED PRELIMINARY AND FINAL PLAT OF "BERGGREN BEACH" AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on July 16, 2012, to consider an application from Beth Berggren for the combined preliminary and final plat of "Berggren Beach" resulting in a recommendation of approval based on findings of fact; and WHEREAS, Notice of the public hearing on said combined preliminary and final plat has been duly published and posted in accordance with the applicable Minnesota Statutes and Prior Lake Ordinances; and WHEREAS, All persons interested in this issue were afforded the opportunity to present their views and objections related to the combined preliminary and final plat of "Berggren Beach" for the record at the public hearing conducted by the Planning Commission; and WHEREAS, The Planning Commission and City Council have reviewed the combined preliminary and final plat according to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and found said combined preliminary and final plat to be consistent with the provisions of said ordinances; and WHEREAS, The Prior Lake City Council considered an application for combined preliminary and final plat approval of "Berggren Beach" on July 23, 2012; and WHEREAS, The City Council has the authority to impose reasonable conditions on a combined preliminary and final plat. 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 preliminary plat of `Berggren Beach" is approved subject to the conditions set forth in this resolution: 3. The final plat of `Berggren Beach" is subject to the following conditions, which shall be met prior to release of and recording of the final plat: a) The plat approval is subject to approval of variances from the minimum lot width, and side yard setback. b) The applicant shall record a private utility easement over the northeast corner of Lot 1, Block 1 for the benefit of Lot 2, Block 1. c) The applicant shall record a private access easement over a portion of the driveway area of Lot 1, Block 1, within 90 days of plat approval unless a building permit is approved for removal of the principal structure on Lot 2, Block 1 and construction of a new principal structure. In this event a separate driveway shall be constructed for vehicular access to the new principal structure on Lot 2, Block 1. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com d) In the event a new principal structure is constructed upon Lot 2, Block 1, the new structure's individual sewer and water service shall be through the unused existing lateral services at the northeast corner of Lot 2, Block 1. e) The applicant must provide proof of installation of all subdivision monumentation within one (1) year from the date of recording the plat, or prior to issuance of a building permit, whichever occurs first. f) The applicant shall obtain required permits from all applicable governmental agencies prior to final plat approval. g) The final plat shall be recorded by the owner /applicant at Scott County within 60 days of approval by the City Council. Failure to record the documents by September 23, 2012, will render the final plat null and void. PASSED AND ADOPTED THIS 23RD DAY OF JULY, 2012. YES NO M ser M ser Hedberg Hedber Erickson Erickson Keeney Keene Soukup Souku Frank Boyles, City Manager BERGGREN BEACH LOCATION MAP sclz/pnon!• (as pra,dded) t and 8, B /oUr 2, Chatonko Bend, Scott County, Minnesota, according :orded plat thereof, excepting the'fo//0wh7g descnbed troet of o point on the West line of said Lot 8 distant 12730 feet South ° rthwest aomerof sold Lot 8,• thence South 6 degrees, 30 minutes, 0 I :ost a distance of 155106 feet more or less, to the shorerne of prior -- -- __ ace Southwesterly clang said shorellne to the intersection with the West /V83 5 9 Q id Lot thence North along sold West //ne of Lot 8 to the point of j r'* PROPERTY AREA LEM TIM 904) � •' - - -s,a_ - - -- �^'_'�' IF Souare Feet / WATER `` OSED LOT 1 - 15361 - •'' � k � . -- OSm LOT 2 - 25,015 - / y • � " d. j /rsf i if �d,e e sx e Syr ' I �v -•h. � �': �� 4°x62.1. l;a' .N �. uNeca ^ l -sw - -' °j o zoCO t e^ saW _ Yydto�� $�tc I. p DWEZUNG U12 I ppSANG - 2 -69 F00T A4FRA,*' � /f EXISTING y42'' DWELLING IAN' ,� -•' -- 36� POSSIBLE U77LITY EASEMENT' l -- .--- ,�`.�•, - , _ _..92H _- LOCATION AS PER if ' / \. \ \ \•.`.'�� P40 __ _ -.929 ._ ____ _; t , • _ O.S.M. EASE7AENT OESCRIP770N dDRAINNG- -� -'j. �_! j (r �� . ��'� \,�:.� - 6f.�_._ -- '!�.�- , 'l 924 ^ _ _ •��.r�,. r .. (AS PRONDID) ,:Est W j yze_APPROIOMA'lE:.'' , - __ •, .._..9i4' _ "._,� T 1 s = O CE LME� o: .,�..'�- y .- _9f2" .P P v 1• i6 9L, ' fps? CL2Y OP'PklOR _ .1.1•.�.:i. _ - Y . = 91 . DWELLING B, 0ga. �S +� \ :i ce . 9' 1� so6•' a fr y � T 6t o� , P 1K_ FRET LL'GLND L�'G�NIJ (4 - DENOTES X" ASH c132 BOULDER WALL Mvp RAP 49.88 - _ I r � I A T� In A/ << A 7 r t Iv f V i i N I I I I Q 01 A / \� ty�g2i9 I; I <; . et a I 2� ' L ELE O ' o ) O TER l '( Of �1P (g �jBi R j S Dp 9p 22 P I� M C 7� ;E & UAUTY EASEMENTS ARE THUS.• ILE) I s I I I I I i I 0 said shoreline to the intersection with the West line of sold Lot 8; thence North Have caused the same to be surveyed and platted as BERGGREN BEACH, and do easements for drainage and utility purposes only as shown on the plat. In witness whereof said Lloyd E. Berggran and Vera E. Berggren Revocable Trust i presents to be signed by Its proper officer this _ day of SIGNED: Lloyd E. Berggren and Vera E. Berggren Revocable Trust: as Trustee Beth Ellen Berggren STATE OF MINNESOTA COUNTY OF SCOTT The foregoing Instrument was acknowledged before me tl Beth Ellen Berggren trustee of the Lloyd E. Berggran one dated March tlth,1992 on behalf of the Revocable Trust. I hereby certify that I have surveyed and platted the property described on this representation of the survey, that all distances are correctly shown on the plot I been correctly placed in the ground as shown or will be =placed In the gr correctly designated on the plat; and that there are no wet lands as defined in 6 other than shown, 2;bg oF MINN FP TA COU t)TT The foregoing Surveyors certificate was acknowledged be by Scott M. Swanson, Land Surveyor, Minnesota License This plat was approved by resolution by the City of prior Lake, Minnesota at a rer 2011, and is in compliance with the provisions of Minnesota $to SIGNED: Its Mayor . Attest: I hereby certify that 1 have examined this plot of BERGGREN :BEACH, and do hereb day of - 2011. Sa I hereby certify that the Board of Commissioners of Scott County, duly approved I thereof, this _ day of 2011. Scc SCOTT COUNTY AUDITOR / TREASURER: I hereby certify that the current and delinquent taxes on the lands described wlthi day of 2011. sign- SCOTT COUNTY SURVEYOR: Pursuant to Minnesota Statutes, Chapter 389.09, Subd..i, as amended, this plat h of 2011. 9. 0 FEEr IN #HOW AND ADJOINING srnrr rrurury ocrrem eo: