HomeMy WebLinkAbout5C Bolger 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: JANUARY 8, 2018
AGENDA #: 5C
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION WAIVING PLATTING
REQUIREMENTS FOR THE SUBDIVISION OF PROPERTIES LOCATED
ALONG CARRIAGE HILLS PARKWAY
DISCUSSION: Introduction
The purpose of this agenda item is to review a request for the subdivision of
parcels of residential land located south of Carriage Hills Parkway.
History
Pulte Homes is currently developing the Trillium Cove Residential Planned
Unit Development (PUD) north of Carriage Hills Parkway. The land south of
Carriage Hills Parkway was left in the ownership of Charles and Richard
Bolger. These current property owners desire to realign the property lines
south of the Trillium Cove development. 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
Charles and Richard Bolger are requesting a waiver of the platting
requirements to allow realignment of 7 parcels of land (5 lots and 2 outlots)
into 4 parcels of land (2 lots and 2 outlots) to create an equal amount of
property ownership between the two current owners. The land will be
divided in a “West Parcel Group” (Charles Bolger ownership) and an “East
Parcel Group” (Richard Bolger ownership). The outlot parcels will remain
separate parcels because they have pending future development fees
applicable with development of the land. No construction or grading of the
land is proposed with this parcel realignment. These areas would be
possible for future development and would not hinder any current
development or public infrastructure plans.
Conclusion
The applicants are requesting a waiver of platting requirements to subdivide
the parcels to create four parcel areas. This would allow for equal ownership
between the property owners. In this case, the obligation of the platting
requirements creates an unnecessary hardship for the property owners to
subdivide their property. The following is a condition of approval for the plat
waiver:
• The property owners 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:
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 to allow for the subdivision
of parcels located along Carriage Hills Parkway.
2. Motion and second to remove this item from the consent agenda for
additional discussion.
RECOMMENDED
MOTION:
Alternative # 1
ATTACHMENTS: 1. Location Map
2. Exhibit B and D indicating parcel alignments
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-___
A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR THE SUBDIVISION OF PROPERTY
LOCATED SOUTH OF CARRIAGE HILLS PARKWAY
Motion By: Second By:
WHEREAS, Charles and Richard Bolger, the property owners, are proposing to subdivide property
located south of Carriage Hills Parkway; and
WHEREAS, The property owners have asked the City Council to waive the platting requirements to
allow for the realignment of seven (7) parcels into four (4) 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 exhibit dated
December 8, 2017.
4. 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 8TH DAY OF JANUARY 2018
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
LOCATION MAP