HomeMy WebLinkAbout5I 3111 176th Street 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 18, 2017
AGENDA #: 5I
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION WAIVING PLATTING
REQUIREMENTS FOR THE SUBDIVISION OF A PROPERTY LOCATED
AT 3111 176TH STREET SW
DISCUSSION: Introduction
The purpose of this agenda item is to review a request for the subdivision of
parcels of residential land located on the proposed Maple Place 2nd Addition
Plat. The properties are located along Trunk Hwy 13 near Thornton Drive.
History
Eternity Homes LLC plans to develop the parcel of land with three additional
low density residential detached dwellings as part of the Maple Place 2nd
Addition Plat. The current property owner, Steven Olson, desires to maintain
ownership of the existing homestead area on the property. The parcels are
designated as Urban Low Density (R-LD) on the 2030 Comprehensive Plan
Map, and are zoned Low Density Residential (R-1).
Current Circumstances
The developer is requesting a waiver of the platting requirements to allow
subdivision of the parcel into a 3.16 acre western half (homestead portion)
and 1.84 acre eastern half (future Maple Place 2nd Addition subdivision).
Development of the western homestead portion of the property or
development of the eastern portion of the property will require additional City
Council action prior to construction.
Conclusion
The applicant is requesting a waiver of platting requirements to subdivide
the parcels in order to create two smaller parcel areas so that the 1.84 acre
eastern half may be platted as part of the Maple Place 2nd Addition while the
3.16 acre western half remains in the ownership of Steven Olson with an
existing homestead. In this case, the obligation of the platting requirements
creates an unnecessary hardship for the property owner to subdivide the
property. The following are conditions of approval for the plat waiver:
• The plat waiver is subject to approval of the Maple Place 2nd Addition
Final Plat
• The property owner must submit deeds for the newly created
parcels.
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.
FINANCIAL
IMPACT:
The city council discussed development fees at its last work session. One of
the discussion items was the difference in cost allocation between plats and
metes and bounds. In this case Maple Place 2nd Addition Preliminary Plat
was approved by the City Council in August 2016. Staff has received the
application for final plat to be reviewed by the City Council in October 2017
and development fees will be applied.
ALTERNATIVES: 1. Motion and a second, as part of the Consent Agenda, to adopt a
resolution waiving the platting requirements to allow for the subdivision
of parcels located at 3111 176th Street SW .
2. Deny the resolution and require the property be platted.
3. Defer this item and provide staff with specific direction.
RECOMMENDED
MOTION:
Alternative # 1
ATTACHMENTS: 1. Location map
2. Survey showing separate parcels by color
3. Proposed Final Plat of Maple Place 2nd Addition
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-___
A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR THE SUBDIVISION OF PROPERTY
LOCATED AT 3111 176TH STREET SW
Motion By: Second By:
WHEREAS, Eternity Homes LLC, on behalf of the property owners, are proposing to subdivide
property located at 3111 176th Street SW; and
WHEREAS, The property owners have asked the City Council to waive the platting requirements to
allow for the subdivision of one parcel into two parcels; and
WHEREAS, Future development or 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 compliance with the restrictions set forth in Subsections
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 by metes and bounds.
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 property owners may convey the property boundaries as shown on the survey dated August 18,
2017.
4. The plat waiver is subject to the approval of the Maple Place 2nd Addition Final Plat.
5. Conveyance of this property is subject to the condition that the property owner(s) submit deeds to the
City describing the newly created parcels.
PASSED AND ADOPTED THIS 18TH DAY OF SEPTEMBER, 2017.
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
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3111 176th Street SW
Waiver of Platting RequirementsLocation Map
SPRING LAKE
GD
(912.8)
BLIND
LAKE
RD
(948.7)
CRYSTAL LAKE
NE
(943.3)
RICE LAKE
NE
(945)
HIGHWA
Y
1
3
Spring Lake
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