The URL can be used to link to this page

Home My WebLink About5F 15230 and 15270 Fairlawn Shores Trail SE Plat Waiver ReportPhone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 19, 2019 AGENDA #: PREPARED BY: 5F AMANDA SCHWABE, PLANNER PRESENTED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR THE RECONFIGURATION OF PROPERTIES LOCATED AT 15230 AND 15270 FAIRLAWN SHORES TRAIL SE GOAL AREA AND OBJECTIVE: Desirable and Sustainable Development 2) Preserve and enhance Prior Lake’s small-town feel DISCUSSION: Introduction Matthew Marschall, on behalf of property owners Roy and Danita Marschall, is requesting to add land from an adjacent parcel to the property at 15230 Fairlawn Shores Trail SE. Roy and Danita Marschall own the adjacent lot at 15270 Fairlawn Shores Trail SE. Both lots are located west of Hwy 13, north of Fish Point Road SE and are in the Shoreland Overlay District of Lower Prior Lake. The property at 15230 Fairlawn Shores Trail SE contains a single-family residence, which is occupied by the applicant, and a detached accessory structure. The property at 15270 Fairlawn Shores Trail SE contains a single-family residence. History The properties are zoned Low Density Residential in Shoreland (R-1 SD) and are designated as Urban Low Density (R-LD) on the 2030 Comprehensive Plan Land Use Map. Current Circumstances It is the intention of the property owners to sell the single-family residence at 15270 Fairlawn Shores Trail SE in the near future. As a result, the applicant is requesting a waiver of the platting requirements to allow reconfiguration of the two lots to preserve the wooded area with 15230 Fairlawn Shores Trail SE. The Planning Commission approved a variance to allow the expansion of a non-conforming lot (15230 Fairlawn Shores Trail SE) on January 14, 2019. Conditions of approval required the applicant to plat the property per Section 1003 or obtain a resolution waiving the requirements from the City Council and complete the Administrative Subdivision per Section 1006 of the City Code. In this case, the obligation of the platting requirements creates an unnecessary hardship for the property owner to subdivide the property. This request does not create any new lots and the 15270 Fairlawn Shores Trail SE property will meet the requirements of the R-1 SD zoning district after the reconfiguration. Conclusion The applicant is requesting a waiver of platting requirements to reconfigure the lots in order to preserve the wooded area. 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 property owner must submit deeds for the newly created parcels. • The property owner shall record approved deeds at the Scott County Recorder’s Office. ISSUES: The subdivision or combination of lots is regulated by Subsection 1006.100 of the City Subdivision Ordinance. Subsections 1006.104 and 1006.106 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. 1006.106 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 reconfiguration of parcels located at 15230 and 15270 Fairlawn Shores Trail SE. 2. Remove this item from the Consent Agenda for additional discussion. RECOMMENDED MOTION: Alternative # 1 ATTACHMENTS: 1. Location map 2. Survey dated February 6, 2019 Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-___ A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR THE RECONFIGURATION OF PROPERTIES LOCATED AT 15230 AND 15270 FAIRLAWN SHORES TRAIL SE Motion By: Second By: WHEREAS, Matthew Marschall, on behalf of property owners Roy and Danita Marschall, are proposing to reconfigure the properties located at 15230 and 15270 Fairlawn Shores Trail SE; and WHEREAS, The Planning Commission approved a variance to allow for the expansion of the non- conforming lot at 15230 Fairlawn Shores Trail SE on January 14, 2019; and WHEREAS, The property owners have asked the City Council to waive the platting requirements to allow for land to be subdivided from 15270 Fairlawn Shores Trail SE and combined with 15230 Fairlawn Shores Trail SE; and WHEREAS, The reconfiguration does not result any additional lots; and WHEREAS, The property at 15270 Fairlawn Shores Trail SE will meet the requirements of the R-1: Low Density Residential Use District in Shoreland after the reconfiguration; and WHEREAS, The City Council has found that compliance with the restrictions set forth in Subsections 1006.104 and 1006.106 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 February 6, 2019. 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 19TH DAY OF FEBRUARY 2019. VOTE Briggs Thompson Burkart Braid Erickson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Michael Plante, City Manager MAVES TRL SE FAIRLAWN SHORES TRL SEOAK RIDGE CIR SEFIS H P O I N T R D S E SHANNON TR L S EFOREST CIR SEELLEN CIR SEKORTSCH TRL SE Lower Prior Lake Scott County GIS Ü 15230 Fairlawn Shores Trail SE Variance Location Map UPPER PRIO R LAK E GD (904) LO WER PRIO R LAKE GD (904) PIKE LA KE NE(820.5) MYS TIC LA KE NE HAA S LA KE NE(907.3) BLIND LA KE RD(948.7) ARTIC LA KE NE(906.7) MA RKLEY LA KE RD( ) HOWA RD LA KE NE (957.3) CAMPBE LL LA KE NE(Not Estab.)Scott County GIS SUBJECT PROPERTY SUBJECTPROPERTY PROPOSED ADDITION AREA