HomeMy WebLinkAbout5P Evanston Plat Waiver Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 26, 2016
AGENDA #: 5P
PREPARED BY: DAN ROGNESS, COMMUNITY & ECON. DEVELOPMENT DIRECTOR
PRESENTED BY: DAN ROGNESS
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION WAIVING PLATTING
REQUIREMENTS FOR PROPERTY LOCATED ON EVANSTON
AVENUE SE
DISCUSSION: Introduction
The purpose of this agenda item is to review a request for the subdivision
of platted property on Evanston Avenue SE, creating two new parcels (A
and B) from one existing parcel.
History
George Farrell owns one parcel in the Village of Prior Lake subdivision
(Lots 9 and 10). Two houses built in 1945 exist on each of the two original
platted lots, but they are now located on one legal parcel (PID 250010930).
Current Circumstances
The property owner wants to separate the one parcel into two, and as a
result, create a (side) lot line to divide the side yards. Because this
proposed dividing line creates two lots/parcels that do not meet certain
zoning regulations, the Planning Commission held a public hearing on
September 19 to consider and approve the following variances (3-0 vote).
Using the original platted lots does not work well due to an existing garage
that crosses that dividing lot line. This action would resolve this issue.
Regulation Minimum Proposed Variance
16189 Evanston Ave (Parcel A)
Lot Width 20’ 38.7’ 21.3’
Sum of the side yard setbacks 15’ 13.5’ 1.5’
Front Yard setback (averaging allowed) 20’ 6.7’ 13.3’
Driveway setback 5’ 5’ 5’
16199 Evanston Avenue (Parcel B)
Lot Width 60’ 51.2’ 8.8’
Side yard setback (accessory structure) 5’ 1.5’ 3.5’
Front Yard Setback (averaging allowed) 20’ 8.2’ 11.8’
Driveway setback 5’ 5’ 5’
Conclusion
The approval of the waiver will facilitate the subdivision of two parcels
without having to replat the property as Lot 1 and Lot 2 of X Subdivision.
ISSUES: The subdivision or combination of is regulated by Subsection 1006.100 of
the City Subdivision Ordinance; Subsections 1006.101–106 are as follows:
1006.101 Administrative Land Subdivisions. This applies to the division
of three lots or less when all lots meet minimum standards.
1006.102 Administrative Land Subdivision Procedure. This ties with
1006.101 above.
1006.103 Registered Land Surveys. This process is an alternative to
platting, but it follows the combined preliminary/final plat procedure.
1006.104 Conveyance By Metes And Bounds. This applies to existing
metes and bounds property without subdividing of that property.
1006.105 Exceptions. This applies to 1006.104 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/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 subdivide
one existing parcel into two parcels. In this particular case, the obligation
of the platting requirements creates an unnecessary hardship for the
property owner to further subdivide one parcel into two new parcels. As a
condition of approval, the property owner must have received approval of
the variances by the City, and further submit deeds for the newly created
parcels to the City.
FINANCIAL
IMPACT:
There is no budget impact as a result of this proposal
ALTERNATIVES: 1. Motion and a second, as part of the Consent Agenda, to adopt a
resolution waiving the platting requirements for property located on
Evanston Avenue SE.
2. Remove this item from the Consent Agenda for additional discussion.
RECOMMENDED
MOTION:
Alternative # 1
ATTACHMENTS: 1. Aerial photo location map
2. Survey for Parcels A and B
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-XXX
A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR PROPERTY LOCATED ON
EVANSTON AVENUE SE
Motion By: Second By:
WHEREAS, George Farrell (the “Applicant”) is the owner of vacant property located on
Evanston Avenue SE (PID #250010930) within The Village of Prior Lake; and
WHEREAS, The Applicant is proposing to subdivide one parcel with two existing houses into two
parcels, Parcel A and Parcel B, as shown in a survey by Valley Surveying Co. dated
August 15, 2016; and
WHEREAS, The City Council has found that compliance with the restrictions set forth in
Subsections 1006.101-105 of the Subdivision Ordinance will create an unnecessary
hardship since both parcels are nonconforming platted lots; 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.
2. The platting requirements are hereby waived.
3. The Applicant may cause to be created by subdivision Parcel A and Parcel B as shown in a
survey by Valley Surveying Co. dated August 15, 2016.
4. Conveyance of the 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 for the same two parcels for these purposes.
PASSED AND ADOPTED THIS 26TH DAY OF SEPTEMBER 2016.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
____________________________
Frank Boyles, City Manager
DAKOTA ST SE
H I G H W A Y 1 3
E V A N S T O N A V S E
MINNESOTA ST SEHIGHWAY 1 3
Ü
16189 & 16199 Evanston Avenue SE Variance Location Map
UPPER PRIOR LAKE
GD
(904)
ARTIC
LAKE
NE
(906.7)
154TH ST NW
H I G H W A Y 1 3
160TH ST SE
PLEASANT ST SE
Upper Prior Lake
SUBJECTPROPERTY
SUBJECTPROPERTY