HomeMy WebLinkAbout10D - Digger's Polaris
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MARCH 6, 2006
10 D
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION WAIVING PLATTING
REQUIREMENTS FOR THE SUBDIVISION OF PROPERTY LOCATED AT
16450 ANNA TRAIL SE (DIGGER'S POLARIS)
I ntrod uction
The purpose of this agenda item is to review a request for the subdivision of
an unplatted parcel of land. The proposal includes a land exchange between
Digger's Polaris and Loren Gross, the property owner to the west. If the
parcels were previously platted, this exchange could be handled
administratively; however, since the parcels are unplatted, the City Council is
asked to waive the platting requirements.
Historv
In 2003, Digger's Polaris applied for a Conditional Use Permit to allow motor
vehicle sales and repair on the property located at 16450 Anna Trail SE.
During that process, a certificate of survey identified an accessory structure on
the lot which encroached over the property line. One of the conditions of
approval of the CUP required, "the detached accessory structure shall either
be relocated to comply with the 20 foot required side yard setback or removed
from the site."
In order to meet this condition, the applicant is proposing to trade a strip of
land 8,278 square feet in area, for a parcel of the same size with Loren Gross,
the property owner to the east. The proposed land trade does not affect the
size of either parcel, since the trade includes equal size parcels. This
subdivision also remedies the encroachment of the existing accessory
structure, and provides the proper setback.
Current Circumstances
Both parcels of land are currently designated as C-CC (Community Retail
Shopping) on the 2020 Comprehensive Land Use Plan. Currently, the
Digger's parcel is zoned C-4, and the Gross parcel is zoned R-2. The
proposed subdivision will not impact the zoning of the property.
The subdivision of unplatted land (lands described by metes and bounds) is
regulated by Sections 1006.104 through 1006.106 of the City Subdivision
Ordinance. These sections state the following:
1006.104 Conveyance Bv 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
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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 (500J in width for residential uses and
least five (5) acres or larger in size for commercial and industrial uses.
1006.106 Council Resolution Waivina Reauirements. 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 applicants are requesting a waiver of platting requirements to subdivide
these parcels to trade 8,278 square feet of land. Any further subdivision of
these parcels will require further subdivision approval. The City would collect
any applicable development fees at that time.
The proposed subdivision will also satisfy one of the remaining conditions of
approval of the CUP. Recording this subdivision at this time will require full
payment of the property taxes payable in 2006. For this reason, the applicants
do not want to record this subdivision until after October 15, 2006. While the
staff understands this dilemma, we also want to be sure the conveyance is
recorded. To do so, we are suggesting the following:
1. Upon approval of the metes and bounds subdivision, the applicants will
submit the necessary deeds in recordable form, to the City, along with
a check payable to the City for the recording fees.
2. The City will then record the deeds on or after November 1, 2006.
This approach will allow the applicants to pay the property taxes on a regular
schedule, while at the same time ensuring the subdivision is recorded.
FINANCIAL
IMPACT:
There is no budget impact as a result of this proposal.
ALTERNATIVES:
1. Adopt a resolution waiving the platting requirements and allowing the
property owners to subdivide the property and to convey the two parcels.
2. Deny the resolution and require the property be platted.
3. Defer this item and provide staff with specific direction.
RECOMMENDED
MOTION:
A motion and second to adopt a resolution waiving the platting requirement
and allowing the property owners to subdivide the property and to convey the
two parcels subject to the listed conditions.
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06-xx
Motion By:
Second By:
WHEREAS, Larch, LLC, and Loren Gross are the owners of property located at 16450 Anna Trail
SE and 16510 Anna Trail SE; and
WHEREAS, The property owners and the applicant, Doug Nagle, have asked the City Council to
waive the platting requirements for this property to allow a land exchange; and
WHEREAS, A strip of land 8,278 square feet in area will be added to the property at 16450 Anna
Trail SE and a parcel of land 8,278 square feet will be added to the property at 16510
Anna Trail SE; and
WHEREAS, The proposed land trade will not affect the size of either existing parcel, and will cause
an existing building to conform with the required setbacks; and
WHEREAS, Any future development or subdivision of the remaining property will require platting;
and
WHEREAS, The City Council has found that waiving the platting requirements for this conveyance
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 as shown on the survey attached as Exhibit A.
4. The metes and bounds subdivision is subject to the following conditions:
a) Upon approval of the metes and bounds subdivision, the applicants will submit the necessary
deeds in recordable form, to the City, along with a check payable to the City for the recording
fees.
b) The City will then record the deeds on or after November 1,2006.
PASSED AND ADOPTED THIS 6TH DAY OF MARCH, 2006.
YES
NO
Haugen Haugen
Dornbush Dornbush
Erickson Erickson
leMair leMair
Millar Millar
Frank Boyles, City Manager
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
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