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HomeMy WebLinkAbout4B - Bohlen & Romona "VAllC2" STAFF AGENDA REPORT CONSENT: PREPARED BY: SUBJECT: DATE' INTRODUCTION: BACKGROUND: ALTERNATIVES: ACTION REQUIRED: REVIEWED BY: 4 (b) DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER AGREEMENTS FOR HAROLD BOHLEN AND RAMONA WHIPPS AUGUST 1, 1994 The purpose of this item is to consider the attached agreements for Harold Bohlen and Ramona Whipps. On dune 6, 1994 the City Council approved an agreement limiting one building permit to the 26 acre subject site located south of Hickory Avenue and east of Pike Lake Trail. See attached Planning Report dated ,June 6, 1994 for reference to the previous City Council Action. After the Council meeting, staff was contacted by Mr. Bohlen who requested that two separate agreements be prepared because Ramona Whipps is a separate fee owner of 10 acres of the 26 acre site. City Attorney, Glenn Kessel drafted the attached agreements which have been signed by each respective property owner. It was Mr. Kessel's opinion that the agreements should be placed on the City Council consent agenda for approval. Please note, there have been no changes to the conditions within the documents. The only difference is that each contains the proper legal description for the appropriate property owner's parcel. 1. Approve the agreements as requested. A motion as part of the consent agenda to approve the attached ag reements. Frank~oyles, City fv~ ger / // 4629 Dakota St. S.E., Prior Lake, Minnesota 553.7~-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL Op~6~TuNrrY E~PLOYE~ STAFF AGENDA REPORT CONSENT: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: 4 (b) and (c) DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER AGREEMENT AND REFUND OF VARIANCE APPLICATION FEE FOR HAROLD 'BOHLEN JUNE 6, 1994 The purpose of this item is to consider the attached agreement and request by Harold Bohlen of 13380 Hickory Avenue, Prior Lake, to refund the $75.00 dollar variance application fee. Mr. Bohlen applied for and received a variance to allow one additional home to be built on a 26 acre parcel located east of Pike Lake Trail and south of the plat of Titus 1st Addition. See attached Planning Report and Planning Commission minutes dated May 19, 1994 for details. The specific variance was to allow one additional unit over the maximum, 4 per quarter/quarter (40 acre) section within the Rural Service Area. The variance was granted by the City Council on November 2, 1992 subject to the condition that the applicant file an agreement with the City that he would not seek additional building permits for the property until it is included in the Urban Service Area. (The year 2000 Comprehensive Plan indicates that the property is approximately 1/2 mile outside of the Urban Service Area). The Zoning Ordinance stipulates that a variance application is valid for one year. Mr. Bohlen was notified by staff, of the pending expiration of the variance application by letter on July 1, 1993. In March, 1994 staff was contacted by Ramona Whipps, who had a purchase agreement for part of the subject site. She was advised that the variance had expired as of November 1993 because the agreement, (condition of approval for the variance), had not been filed. Staff was later contacted by Mr. Bohlen who stated that he had faxed a copy of the agreement to the City prior to the expiration date. The City Attorney, nor staff have a record of receipt of the agreement. Mr. Bohlen was advised, after consultation with the City Attorney, that he should re-apply for the variance. The applicant applied for and received a Rural Service Area density variance by the Pl~fining Commission on May 19, 1994, subject to the attached facts and findings. Please note that item #8 requires the execution of an agreement with the City specifying the location of the building permit and stating that no additional permits will be requested for the balance of the property until municipal sewer and water is available to the site. City Attorney, Glenn Kessel prepared the attached agreement which when executed and filed with Scott County, will satisfy the condition placed on the variance approval. In addition to Council approval of the 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPFC~BTUNITY EMPLOYER ALTERNATIVES: ACTION REQUIRED: REVIEWED BY: agreement, the applicant requests refund of the $75.00 variance application fee. Approve the agreement and fee refund as requested. Approve the agreement, but deny the $75.00 refund request. A motion as part of the consent//a~nda to approve one or both of the two -2- AGREEMENT July 1, 1994 THIS AGREEMENT made and entered into as of the 6th day of June, 1994, by and among ELMER WHIPPS and RAMONA WHIPPS, husband and wife ("Whipps,,) and THE CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City") RECITALS WHEREAS, Whipps is the fee owner of the following described property located in the City, Scott County, Minnesota: That part of the South Half of the South Half of the Northeast Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota described as follows: Commencing at the southeast corner of said South Half of the South Half of the Northeast Quarter; thence North 89 degrees 41 minutes 06 seconds West (assumed bearing) along the south line of said South Half of the South Half of the Northeast Quarter a distance of 761.10 feet to the point of beginning of the land to be described; thence North 04 degrees 09 minutes 33 seconds East a distance of 297.00 feet; thence North 86 degree 27 minutes 37 seconds West a distance of 390.10 feet; thence North 00 degrees 23 minutes 45 seconds East a distance of 118.11 feet; thence North 89 degrees 36 minutes 15 seconds West a distance of 700.24 feet more or less to the centerline of Pike Lake Trail; thence southwesterly along said centerline to its intersection with said south line of the South Half of the South Half of the Northeast Quarter; thence easterly along said south line a distance of 1123.94 feet to the point of beginning. Containing approximately 10.00 acres the ("Property"); and WHEREAS, Whipps, together with Harold D. Bohlen and Judy K. Bohlen, husband and wife ("Bohlen") submitted an application for a grant of a variance from the City Zoning Ordinance No. 83-6, § 4.1M, to allow five (5) dwelling units per quarter quarter section, which application was heard by the City Planning Commission on May 19, 1994; and W~EREAS, the City Planning Commission granted applicant a variance on May 19, 1994 to allow one residential building permit on a building site to be located as set forth on the Building Site Plan on Exhibit "A" attached hereto; and W~EREAS, the grant of the variance was conditioned upon the execution and recording of an agreement restricting issuance of any additional building permits for any residential units on the Property and the Bohlen property until public sewer and water is available, as more fully described in the Facts and Findings of the City Planning Commission, as set forth herein as Exhibit "B" attached hereto and incorporated herein. NOW, T~EREFORE , the parties agree as follows: 1. Upon the recording of this Agreement by Whipps together with the recording of a similar agreement by Bohlen with the Scott County Recorder's Office, the City shall grant to the Whipps one additional residential unit building permit to be located on the Whipps Property and at the location set forth on Exhibit "A". - 2 - 2. As a condition for the grant of the additional building permit and the variance granted to the applicants by the City Planning Commission, Whipps agrees that no further building permits for any residential units shall be issued by the City for the Property until public sewer and water are available to the Property. IN WITNESS WI{EREOF, the parties have duly executed this Agreement as of the day and year first abo~e written. ( /~ El~er ~hipps- ~/ Ra~a Whipps THE CITY OF PRIOR LAKE By Lydia Andren, Mayor and By Frank Boyles, City Manager STATE OF MINNESOTA) ) SS. COUNTY OF SCOTT ) The foregoij%g i~strument was acknowledged before me this day of ~~_ , 1994, by Elmer Whipps and Ramona Whipps, husband/and ~fe. - 3 - STATE OF MINNESOTA) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1994, by Lydia Andren and Frank Boyles, respectively the Mayor and City Manager of the City of Prior Lake, a municipal corporation under the laws of Minnesota, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center (GRK) 80 S. 8th Street Minneapolis, M~ 55402 (612) 339-8131 S: \SHDATA\ 16772G\GRK\WHIPPS. AGT - 4 - EXHIBIT "A" INN PLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING DATE: 1 CONSIDER VARIANCE APPLICATION FOR BOHLEN DEB GARROSS, ASSISTANT CITY PLANNER _YES X NO MAY 19, 1994 HAROLD INTRODUCTION: The Planning Department has received a variance application fi-om Harold Bohlen of 13380 Hickory Avenue, Prior Lake. Thc applicant specifically requests a variance fi-om Zoning Ordinance, Section 4.1M to allow 5 dwelling units per quarter/quarter section of the subject site. See attached legal description and maps for reference to the site location. DISCUSSI[ON: The attached Planning Report dated September 17, 1992 outlines a variance granted to Mr. Bohlen by the Planning Commission in September, 1992. At that time, the applicant was requesting approval of four additional units above the four permitted per quarter/quarter section in which the subject site is located. The Planning Commission denied his request but granted one additional unit subject to the facts and findings listed in the minutes of the October 15, 1992 Planning Commission meeting. The applicant appealed the decision of the Planning Commission to the City Council. See attached City Council agenda report dated November 2, 1992. The City Council affirmed the decision and facts and findings of the Planning Commission to grant one additional unit to the subject site. A variance application is valid for one year following its issuance by the Planning Commission, and in this case, the City Council. The variance expired in November, 1993. Mr. Bohlen is requesting that the same variance granted by the City Council in November, 1992 be granted as per this application. No changes have occurred in the Zoning Ordinance or the district in which the subje~.t site is located, since the 1992 variance approval which would negatively affect this application. ALTERNATIVES: 1. Approve the variance as requested. 2. Table or continue the item for specific purposes. 3. Deny the application finding no demonstrated hardship. RECOMMI~NDATION: Alternative #1 subject to the condition that the applicant file and record an agreement with the City of PriOr Lake restricting the issuance of additional building permits for any residential units on the 26 acres until pubLic sewer and water is available. The .one additional residential unit EXHIBIT "B"' 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNrrY I~PLOYE~ granted under this permit shall be restricted to the 10 acre subject site indicated by the attached survey. The agreement must be reviewed and accepted by the City Attorney prior to filing with Scott County. FACTS AND FINDINGS FOR GRANTING TI-IE AGRICULTURAL DENSITY VARIANCE: Approximately one half of the two subject quarter/quarter sections were previously platted into 2 to 3 acre lots under the jurisdiction of Eagle Creek Township. As a result of the previous platting the subject quarter/quarter sections are urban in character and zoned R-1 and C-1 to reflect higher residential density and environmentally sensitive lands. The applicant's parcel consists of 26 acres, of which 10 acres will be the site of the additional residential unit. The 10 acre site is legally described as per attached survey and legal description. The subject property is a residual piece of property in two urbanized quarter/quarter sections. It is adjacent to the City of Shakopee which provides for a greater density in their rural service area. The proposed lot size of 10 acres is consistent with the 4 per 40 acres concept found in the Comprehensive Plan and Zoning Ordinance. The neighborhood was supportive of one additional residential unit in the 1992 variance application. Because of the unique circumstances, the variance is a reasonable deviation of Prior Lake's Zoning Law, promotes fairness and equity, and is not contrary to the general health and welfare of the community. The applicant has agreed to execute and record an agreement with Prior Lake restricting the issuance of additional 'building permits .for any residential units on the 26 acres until public sewer and water is available. The applicant further agrees to restrict the' location of the one additional residential unit granted under this permit to that part of the 26 acres lying east of Pike Lake Trail in the South half of the Southwest Quarter of the Northeast Quarter, all in Section 23, Township 115; Range 22, Scott County, Minnesota. AGREEMENT June 23, 1994 THIS AGREEMENT made and entered into as of the 6th day of June, 1994, by and among HAROLD D. BOHLEN and JUDY K. BOHLEN, husband and wife ("Bohlen") and THE CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City") RECITALS WHEREAS, Bohlen is the fee owner of the following described property located in the City, Scott County, Minnesota: The South Half of the South Half of the Northeast Quarter (S~ of S~ of NE~) EXCEPT all that land lying West of the Township Road in the South Half of the South half of the Northeast Quarter (S~ of S~ of NE ~), all in Section 23, Township 115, Range 22, Scott County, Minnesota, subject to an easement 20 feet in width along the Northerly boundary Running from the Northeasterly corner of the South half of the South half of the Northeast Quarter (S~ of S~ of NE~), of Section 23, Township 115, Range 22, to a certain water hole lying along said Northerly line thereof for the sole purpose of supplying drinking water to cattle EXCEPT That part of the South Half of the South Half of the Northeast Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota described as follows: Commencing at the southeast corner of said South Half of the South Half of the Northeast Quarter; thence North 89 degrees 41 minutes 06 seconds West (assumed bearing) along the south line of said South Half of the South Half of the Northeast Quarter a distance of 761.10 feet to the point of beginning of the land to be described; thence North 04 degrees 09 minutes 33 seconds East a distance of 297.00 feet; thence North 86 degree 27 minutes 37 seconds West a distance of 390.10 feet; thence North 00 degrees 23 minutes 45 seconds East a distance of 118.11 feet; thence North 89 degrees 36 minutes 15 seconds West a distance of 700.24 feet more or less to the centerline of Pike Lake Trail; thence southwesterly along said centerline to its intersection with said south line of the South Half of the South Half of the Northeast Quarter; thence easterly along said south line a distance of 1123.94 feet to the point of beginning. Containing approximately 10.00 acres AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: That part of the South half of the Northeast Quarter (S~ of NE~) of Section 23, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the intersection of the North line of said South half of the South half of the Northeast Quarter, and the East line of Hickory Lane; thence South parallel with the East line of said South half of the South half of the Northeast Quarter, a distance of 300.00 feet; thence East parallel with said North line a distance of 300.00 feet; thence North parallel with said East line a distance of 300.00 feet to said North line; thence West along said North line a distance of 300.00 feet to the point of beginning; together with an easement for ingress and egress described as follows: Beginning at the intersection of the North line of said South half of the South half of the Northeast Quarter, and the east line of Hickory Lane; thence South parallel with the East line of said South half of the South half of the Northeast Quarter a distance of 120.00 feet; thence West parallel with said North line a distance of 60.00 feet; thence North parallel with said East line a distance of 120.00 feet; thence East long said North line a distance of 60.00 feet to the point of beginning. Approximately 2 acres the ("Property"); and W/REREAS, Bohlen, together with Elmer Whipps and Ramona Whipps, husband and wife ("Whipps"), submitted an application for a grant of a variance from the City Zoning Ordinance No. 83-6, § 4.1M, to allow five (5) dwelling units per quarter quarter section, which application was heard by the City Planning Commission on May 19, 1994; and W~EREAS, the City Planning Commission granted applicant a variance on May 19, 1994 to allow one residential building permit on a building site to be located as set forth on the Building Site Plan on Exhibit "A" attached hereto; and W~EREAS, the grant of the variance was conditioned upon the execution and recording of an agreement restricting issuance of any additional building permits for any residential units on the Property and the Whipps property until public sewer and water is available, as more fully described in the Facts and Findings of the City Planning Commission, as set forth herein as Exhibit "B" attached hereto and incorporated herein. NOW, T~EREFORE , the parties agree as follows: 1. Upon the recording of this Agreement by Bohlen together with the recording of a similar agreement by the Whipps with the Scott County Recorder's Office, the City shall grant to the Whipps one additional residential unit building permit to be located on the Whipps Property and at the location set forth on Exhibit "A". 2. As a condition for the grant of the additional building permit and the variance granted to the applicants by the City Planning Commission, Bohlen agrees that no further building permits for any residential units shall be issued by the City for the Property until public sewer and water are available to the Property. IN WITNESS WHEREOF, the parties have duly executed this Agree~ent as of the day and year Harold D.-Bohlen first above written. Judy KJ. Bohl~n THE CITY OF PRIOR LAKE By. Lydia Andren, Mayor and By Frank Boyles, City Manager - 4 - STATE OF MINNESOTA) ) SS. COUNTY OF SCOTT ) The foregoing ~nstrument was acknowledged before me this J'~ day of [~~ , 1994, by Harold D. Bohlen and Judy K. Bohlen~ husband and wife. STATE OF MINNESOTA) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1994, by Lydia Andren and Frank Boyles, respectively the Mayor and City Manager of the City of Prior Lake, a municipal corporation under the laws of Minnesota, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center (GRK) 80 S. 8th Street Minneapolis, ~N 55402 (612) 339-8131 S: \S~DATA\ 16 7 7 2GkGRK\ #IBO}{LEN · AGT - 5 - T 1~' T ' EXHIBIT "A" PLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING DATE: 1 CONSIDER VARIANCE APPLICATION FOR BOHLEN DEB GARROSS, ASSISTANT CITY PLANNER _YES X NO MAY 19, 1994 HAROLD INTRODUCTION: The Planning Department has received a variance application from Harold Bohlen of 13380 Hickory Avenue, Prior Lake. The applicant specifically requests a variance from Zoning Ordinance, Section 4.1M to allow 5 dwelling units per quarter/quarter section of the subject site. See attached legal description and maps for reference to the site location. DISCUSSION: The attached Planning Report dated September 17, 1992 outlines a variance granted to Mr. Bohlen by the Planning Commission in September, 1992. At that time, the applicant was requesting approval of four additional units above the four permitted per quarter/quarter section in which the subject site is located. The Planning Commission denied his request but granted one additional unit subject to the facts and f'mdings listed in the minutes of the October 15, 1992 Planning Commission meeting. The applicant appealed the decision of the. Planning Commission to the City Council. See attached City Council agenda report dated November 2, 1992. The City Council affirmed the decision and facts and f'mdings of the Planning Commission to grant one additional unit to the subject site. A variance application is valid for one year following its issuance by the Planning Commission, and in this case, the City Council. The variance expired in November, 1993. Mr. Bohlen is requesting that the same variance granted by the City Council in November, 1992 be granted as per this application. No changes have occurred in the Zoning Ordinance or the district in which the subje~.t site is located, since the 1992 variance approval which would negatively affect this application. ALTERNATI'VES: 1. Approve the variance as requested. 2. Table or continue the item for specific purposes. 3. Deny the application finding no demonstrated hardship. RECOMMENDATION: Alternative #1 subject to the condition that the applicant file and record an agreement with the City of PriOr Lake restricting the issuance of additional building permits for any residential units on the 26 acres until public sewer and water is available. The .one additional residential unit EXHIBIT "B"' 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 4474230 / Fax (612) 4474245 AN EOtlA[. OPPORTUNr~' ~'LM"P! OM~'~ ........... I' -- ~~-- III I I I . -- granted under this permit shall be restricted to the 10 acre subject site indicated by the attached survey. The agreement must be reviewed and accepted by the City Attorney prior to filing with Scott County. FACTS AND FINDINGS FOR GRANTING THE AGRICUL~ DENSITY VAKIANCE: Approximately one half of the two subject quarter/quarter sections were previously platted into 2 to 3 acre lots under the jurisdiction of Eagle Creek Township. As a result of the previous platt~g the subject quarter/quarter sections are urban in character and zoned R-1 and C-1 to reflect higher residential density and environmentally sensitive lands. The applicant's parcel consists of 26 acres, of which 10 acres will be the site of the additional residential unit. The 10 acre site is legally described as per attached survey and legal description. The subject property is a residual piece of property in two urbanized quarter/quarter sections. It is adjacent to the City of Shakopee which provides for a greater density in their rural service area. The proposed lot size of 10 acres is consistent with the 4 per 40 acres concept found in the Comprehensive Plan and Zoning Ordinance. The neighborhood was supportive of one additional residential unit in the 1992 variance application. Because of the unique circumstances, the variance is a reasonable deviation of Prior Lake's Zoning Law, promotes fairness and equity, and is not contrary'to the general health and welfare of the community. The applicant has agreed to execute and record an agreement with Prior Lake restricting the issuance of additional 'building permits.for any residential units on the 26 acres until public sewer and water is available. The applicant further agrees to restrict the' location of the. one additional residential unit granted under this permit to that part of the 26 acres lying east of Pike Lake Trail in the South half of the Southwest Quarter of the Northeast Quarter, all in Section 23, Township 115, Range 22, Scott County, Minnesota.