HomeMy WebLinkAbout8A 14560 Oakland Beach Ave Platting Requirement Waiver O1 PRI%
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4646 Dakota Street SE
Prior Lake, MN 55372
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CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 22, 2015
AGENDA#: 8A
PREPARED BY: DAN ROGNESS, COMMUNITY& ECON. DEVELOPMENT DIRECTOR
PRESENTED BY: DAN ROGNESS
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION WAIVING PLATTING
REQUIREMENTS FOR THE COMBINATION OF PROPERTY LOCATED
AT 14560 OAKLAND BEACH AVENUE NE
DISCUSSION: Introduction
The purpose of this agenda item is to review a request for the combination
of three parcels of residential land located on Oakland Beach Avenue in
the Oakland Beach and Oakland Beach 1St Addition plats. The City
Council asked for further clarification from staff on the lot lines and the
Waterfront property.
History
Kimberly Borgmeier owns three parcels of land along Oakland Beach
Avenue that are adjacent to each other, which are approximately 8,000,
5,000, and 10,500 square feet in size respectively (23,484 square feet
combined). The minimum required lot area for parcels in the R-1 Use
District is 15,000 square feet. The parcels have been used as one site for
a single family home. In order to rebuild on this site, the lots need to be
combined into one. The parcel is designated as Urban Low Density (R-LD)
on the 2030 Comprehensive Plan, and is zoned Low Density Residential
(R-1).
Current Circumstances
Staff further researched this property as directed by the City Council as
well as lots to the north and south along the shoreline of Lower Prior Lake,
including a meeting with the County Surveyor.
Resulting conclusions are:
1. No side property lines should extend further to the lake than to the
Shoreline; if the GIS map shows a line extending further, then that
is an error.
2. Each lakefront lot can be different in terms of its parcel boundaries;
for example, a property can go through a legal registration process
to include waterfront property.
3. In this case, the existing "Waterfront" property for the Oakland
Beach plat was dedicated to for the joint use of the respective
owners of lots (see plat in Attachment 2).
Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com
Conclusion
In order to assure that this lot combination does not impact the rights of
those lot owners in the plat related to the Waterfront, the City Attorney has
provided a "Release and Hold Harmless Agreement" (Attachment 3), which
has been signed by the property owner/applicant. The approval of the
waiver will facilitate the process to combine the parcels together based on
their joint use for one single family house.
Individually, the parcels do not meet minimum residential lot standards on
their own, and therefore, should be combined with another lot, if possible.
While the lots currently contain a 1970s single family dwelling, the property
owner plans to rebuild a single family home on the combined three parcels
in the coming months. The 20 foot roadway (shown in green on the
attached survey) has been previously vacated.
ISSUES: The subdivision or combination of is regulated by Subsection 1006.100 of
the City Subdivision Ordinance. Subsections 1006.104-106 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.
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 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 applicant is requesting a waiver of platting requirements to combine
the parcels in order to create a one larger parcel for the existing single
family home. In this particular case, the obligation of the platting
requirements creates an unnecessary hardship for the property owner to
combine the property. As a condition of approval, the property owner must
submit deeds for the newly created parcels.
FINANCIAL There is no budget impact as a result of this proposal
IMPACT:
ALTERNATIVES: 1. Motion and a second to adopt a resolution waiving the platting
requirements to allow the combination of three parcels at 14560
Oakland Beach Avenue SE.
2. Motion and a second to deny the resolution and require the property be
platted.
3. Motion and a second to table this item and provide staff with specific
direction.
RECOMMENDED Alternative# 1
MOTION:
ATTACHMENTS: 1. Location map and survey showing separate parcels by color
2. Plat of Oakland Beach
3. Release and Hold Harmless Agreement
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4646 Dakota Street SE
`41Vr solP Prior Lake,MN 55372
RESOLUTION 15-xxx
A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR THE COMBINATION OF PROPERTY
LOCATED AT 14560 OAKLAND BEACH AVENUE NE
Motion By: Second By:
WHEREAS, Kimberly Borgmeier is the owner of property located 14560 Oakland Beach Avenue NE in the
Oakland Beach and Oakland Beach 1st Addition plats; and
WHEREAS, The property owner has asked the City Council to waive the platting requirements for this
property in order to allow for the combination of three adjacent residential parcels identified as
PID#251200030, #259301000, and #251150030 ; and
WHEREAS, The City Council has found that compliance with the restrictions set forth in Subsections 1006.103,
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 according to Subsection
1006.106 by waiving certain requirements in Subsection 1006.100.
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; the City's platting requirements are hereby waived.
2. The property owner(s) may combine PID #251200030, #259301000, and #251150030, located in the
Oakland Beach and Oakland Beach 1st Addition plats, subject to the vacation of the 20'-wide roadway
within Lots 4 and 5 of Oakland Beach, per Document A971710 recorded on 1/06/15 at Scott County.
3. Conveyance of this property is subject to the execution of a Release and Hold Harmless Agreement for
Approval of Lot Combination as drafted by the City Attorney.
4. Conveyance of this property is subject to the condition that the property owner(s) submit deeds to the
City of Prior Lake describing the newly created parcels.
5. All assessments levied or pending against these two parcels are hereby approved by the City of Prior
Lake as one combined assessment.
PASSED AND ADOPTED THIS 22nd DAY OF JUNE, 2015.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ❑ ❑ ❑ ❑ ❑
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑
Frank Boyles, City Manager
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15 a sorrrcf fepre3Enfatiovi of�e survey yi ade by roe, that al/distances arid ouleide .94//7da✓y' .i/le3 '�P ..e?)?.-..,: ,t-
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I. John J l� of/he I1'f4, or 5ecfior?Jo. 77'1.5 I./an-PTO owner-of A part of loth and the I�EQ
. cot/ Calcify 17/n✓?. described as follows; 5tartir?q a/ a poinf or? the E. vita Line thni sale see iOn 30
zloo.feet kt/eef at the Eas/ -' corner thereof and Tinning thence fail- /2o feet, thence 17Fa E 20 feet ode ty,er,ce
themes .5 3-,da'E 36o feet', /hence west /2a feet thence 1.(6_3°.40'W 1d9tfee* *o ha
/tor/herly alonq card Shore line about .58o fee* to the f. tf W Line, thence fast about /co feet to the o'ace of
... dining confain,nq 3,7 acres.-gleo a etrip of land Zo feet wide for road p/✓poses mthe cenlerhne of HWnicrj /5 "ft'
;-escnbec'as folloN/5; Starting at the dr corner of Govt. Lol a in Ssaid net-i thencen Jo. aHned t parade,'th thence
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-or? the 4, line 7n a poral- /o /tel South of the E. Wa line /hill said1
?ho feet fo the t for
icn,thse oabove
the respective described fowners of 1,07'3 and2proo/aimdo dedicate the tat said 'raci. c -c becknow✓n as as
shown on,Me ola. for the
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5ta/e of Ilinnesota 3s.
County of Scott. _
Or? I6/15 =4-'"' day of,—,...,-- 1926, appeared J.( fore me John f7/
arr?rrii/l, and dt,%, acJrior✓/edge'
...nal- he eeecdfed the above cerlificate of his free act and deed.
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I hereby certify/ 'hal / have examined the fille of the accompanying pia/ of '011/(Lf1!'(D 13t`f-i&H'
. . , s u a n,--..a r„,,cif,/ 6-4,-nnr,i55ioners
RELEASE AND HOLD HARMLESS AGREEMENT
FOR APPROVAL OF LOT COMBINATION
Kimberly Borgmeier, for good and valuable consideration, including the waiver of certain
subdivision/lot combination requirements for the property known as 14560 Oakland Beach
Avenue,Prior Lake,Minnesota,and legally described on Exhibit A hereto(the"Property"),hereby
agrees to release, defend and hold harmless the City of Prior Lake, and its elected officials,
employees and agents, from and against any and all claims, demands, adverse title allegations,
beachfront use and title issues, and any other matters, arising out of or related to the City of Prior
Lake's approval of the lot combination/subdivision of the Property. In addition, Kimberly
Borgmeier represents and agrees that she is the sole owner of the Property,and is fully entitled to
execute this Release and Hold Harmless Agreement.
Date:
Kimberly Borgmeier
•
EXHIBIT A
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
Parcel 1: Lots 4 and 5, Oakland Beach, Scott County, Minnesota;AND that part of the 20 foot road in Oakland
Beach, according to the recorded plat thereof, Scott County, Minnesota,which lies southerly of the north line of ,
Lot 4, Oakland Beach, produced easterly and northerly of the south line of Lot 5, Oakland Beach, produced
easterly.
Parcel 2: Lot 3, Block 1, Oakland Beach 1st Addition, Scott County, Minnesota.
Parcel 3: All that part of Government Lot 6, Section 30, Township 115 North, Range 21 West, Scott County,
Minnesota, located between Oakland Beach and Oakland Beach 1st Addition, described as follows:
Beginning at a point on the West line of Lot 3, Block 1, Oakland Beach 1st Addition, said point being 3.5 feet
southerly of the Northwest Corner of said Lot 3, thence Westerly on a line with the North line of Lot 4, Oakland
Beach, produced easterly, a distance of 71.7 feet to the Easterly line of the 20.0 foot road in Oakland Beach;
thence Southeasterly along the East line of said 20.0 foot road a distance of 90.0 feet; thence Easterly on line
with the South line of Lot 5, Oakland Beach, produced easterly, a distance of 49.4 feet to a point on the West
line of Lot 4, Block 1, Oakland Beach 1st Addition, said point being 23.0 feet Northerly of the Southwest corner
thereof,thence Northerly along the West line of said Lot 4 and Lot 3, Block 1, Oakland Beach 1st Addition 85.5
feet to place of beginning.
Abstract property.
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