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Home My WebLink About5J - 14310 Pike Lake Trail MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: Maintenance Center 17073 Adelmann Street S.E. Prior Lake, Minnesota 55372 CITY COUNCIL AGENDA REPORT MAY 15, 2006 5J JANE KANSIER, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR THE SUBDIVISION OF PROPERTY LOCATED AT 14310 PIKE LAKE TRAIL SE (VIERLING PROPERTY) Introduction The purpose of this agenda item is to review a request for the subdivision of an unplatted parcel of land. The proposal includes the conveyance of 0.5 acres of land from the 173 acre Vierling farm parcel to Edward Vierling. This 0.5 acre parcel will be added to the existing 3 acre homesite. 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 The existing 3 acre parcel located at 14310 Pike Lake Trail was subdivided from the larger farm parcel in 1993. The house on this site was also built in 1993. The applicants are now proposing to expand this 3 acre parcel by subdividing 0.5 acres from the 173 acre parcel. The 0.5 acres will be added to the existing 3 acre site. Current Circumstances These parcels are designated as C-BO (Business Office Park), C-NR (Neighborhood Retail Commercial), R-HD (High Density Residential), and R- UMD (Low to Medium Density Residential). Both parcels of land are currently zoned C-5 (Business Office Park). 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 Convevance 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 City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts. 1006. 105 ExceDtions. 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. Sti UL; 1\;" C h ~:I\MF TE:J?~!l! 19~2::~\.%i;~J:t;F~95~;4@ (~()-]8U(i www.cityofpriorlake.com 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 increase the size of the 3 acre parcel to 3.5 acres. The existing house is already served by City services. Any further subdivision or development of the 173 acre parcel will require further subdivision approval, and the City would collect any applicable development fees at that time. 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. ReViewru Frank Boyles, . y M A RESOLUTION WAIVING THE PLATTING REQUIREMENTS AND ALLOWING THE SUBDIVISION OF PROPERTY LOCATED AT 14310 PIKE LAKE TRAIL SE (VIERLING PROPERTY) Motion By: Second By: WHEREAS, Michael and Edward Vierling are the owners of property located at 14091 Eagle Creek Avenue NE and 14310 Pike Lake Trail NE; and WHEREAS, The property owners have asked the City Council to waive the platting requirements for this property to allow a the conveyance of 0.5 acres from 14091 Eagle Creek Avenue NE to 14310 Pike Lake Trail NE; and WHEREAS, The 0.5 acre parcel will be added to the property located at 14310 Pike Lake Trail NE; and WHEREAS, The residual lots meet the minimum lot area requirements in the applicable district; and WHEREAS, Any future development or subdivision of the remaining property will require platting; and WHEREAS, The City Council has found that compliance with the restrictions set forth in Sections 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 as shown on the survey attached as Exhibit A. 4. The metes and bounds subdivision is subject to the following conditions: a) The 0.5 acre parcel must be attached to and combined with the existing 3 acre parcel at 14310 Pike Lake Trail NE. PASSED AND ADOPTED THIS 15TH DAY OF MAY, 2006. YES NO I Haugen Dornbush Erickson LeMair Millar Haugen Dornbush Erickson LeMair Millar Frank Boyles, City Manager www.cityofpriorlake.com , -,., f; /.'.~ T-!; c,__,/_, ',_ '~-'::':, ::,~: {'\" : :': "",',:"i(\{" Phone 952.440.9675 I Fax 952.440.9678 VIERLING PROPERTY LOCATION MAP / ~ I Existing 3-Acre Parcel 1000 I o 1000 Feet I N + Attachment to Edward Vierling Land Use Application The applicant seeks to add ~ acre to his existing 2 ~ acre homestead. The property out of which this is to be taken is presently owned 7/8 by the applicant's mother, Helen Vierling, whose address and telephone number are the same as the applicant's, and 1/16 each by the applicant and his brother, Michael Vierling, of 13985 Pike Lake Trail, Prior Lake, MN 55372, phone (952) 445-0283. The same ownership applies to an adjoining 80 acre parcel described as the West ~ of the Southeast Quarter of the Northwest Quarter of Section 26, Township 115, Range 22, Scott County, Minnesota. A copy of the proposed deed is also enclosed with this application. Supplement to Edward Vierling Land Use Application This application in fact concerns a lot line adjustment, exempt from the Subdivision Ordinance under Section 1001.600 (1), since the purpose is to add a parcel of ~ acre to the abutting land owned by the applicant, and the newly created property line will not cause the land or any structure to be in violation of the Subdivision Ordinance or the Zoning Ordinance. In addition, application of the Subdivision Ordinance to this property would create a hardship and would not further the purposes of the Subdivision Ordinance or the Zoning Ordinance. The attached half section map shows the Edward Vierling property (P .LD. 259260011) and the large adjoining parcel of approximately 173 acres (PID 259260010) owned by the Vierling family, from which the ~ acre will be taken. The family intends to farm the larger parcel for the foreseeable future and does not intend to develop it themselves. Eventually it is expected the large parcel will be sold as a single parcel to a developer, but it is expected the platting would take place as part of the developer's plan, and no purpose would be served by requiring a plat for this boundary line adjustment, at this time. _. LOT SUBDIVISION m"WfRL/;(; '4.io PIKE LAKE TRAIL ItE PRIOR LAKE:. 11ft. IIl1sn Valley Surveying Co., P. A. SUITE 120-C, FRANIlL.IN TRAIL OFf'ICE.. .. ~"IUM '6670 FJWIKUN TRAIL 5.E. PRIOR Ull<E. I. 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