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Home My WebLink About10A - Platting Requirements - Marshall Rd. 4.. PRI~ ~~~ ~~\ Maintenance Center t:O~ 17073 Adelmann Street S.E. U frl Prior Lake, Minnesota 55372 ~ MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT DECEMBER 18, 2006 10A JEFF MATZKE, PLANNER CONSIDER APPROVAL OF A RESOLUTION WAIVING THE PLATTING REQUIREMENTS FOR THE REALIGNMENT OF PROPERTY LINE BETWEEN PROPERTIES LOCATED AT 3941,3913, AND 3877 MARSCHALL ROAD Introduction William and Sharon Ries, Ruth and David Yarusso, and Robert and Paula Britz are requesting a waiver of platting requirements to allow for the realignment of property lines on sites within the Agricultural (A) Zoning District. The properties are located at 3941, 3913, and 3877 Marschall Road (County Highway 17) west of Howard Lake. Historv The properties are zoned Agricultural, and are guided R-RD (Rural Density) on the 2030 Comprehensive Plan Land Use Map. The property owners of the three contiguous parcels are proposing to realign the property lines between the three parcels to the originally understood legal boundaries. In 1982 the property owners of Parcels A and B (See attached survey) obtained building permits and constructed pole barns near their shared property line. Due to a previous surveyor error the shared property line was identified as being located approximately 20 feet to the north of its actual legal location. In recent years surveys of Parcel C and the property to the south of Parcel A were completed. These surveys indicated to the property owners of Parcels A and B that the locations of the two shared property lines were incorrectly represented on the previous surveys that were created when they purchased their properties and placed the pole barns on the sites. The movement of the property lines without a replat requires variances from the current Zoning Ordinance as well as a waiver of the platting requirements. At their December 11, 2006 the Planning Commission held a public hearing to consider variances from minimum side yard setbacks and minimum lot areas. At that meeting the Planning Commission approved the variances. Current Circumstances Because the existing pole barn on Parcel A currently lies over the northerly property line as a result of a previous surveyor error, the applicants are proposing to realign the existing property lines to the originally interpreted locations. Parcel A is proposed to be increased from 2.88 to 3.61 net acres. The lot areas of Parcels Band C are proposed to be reduced from 1.83 acres and 2.65 acres to 1.42 net acres and 2.33 net acres respectively. The movement of these property lines would ordinarily require the owners to replat the properties. Rather than complete an entire replat of the properties the www.cityofpriorlake.com 952;4!10;9675/'Fax. 952..440.9678 ISSUES: FINANCIAL IMPACT: ALTERNATIVES: property owners have applied for a waiver of the platting requirements. As stated in Section 1006.106 of the City Ordinance "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." Staff recommends approval of this platting requirement waiver request, on the basis it is consistent with the provisions of the Subdivision Ordinance and City Standards. Through no fault of the property owners, the lots were surveyed incorrectly and a structure was placed over a legal lot line. The realignment of the two shared lot lines between these properties will improve a structural setback which was the result of a previous survey boundary error. The realignment of the property lines will have little impact on the existing lot sizes while preventing any further confusion on the location of the correct property lines. There is no budget impact as a result of this action. Approval of the waiver will not result in the addition or withdrawal of any land for the City tax base. The City Council has the following alternatives: 1. Adopt a resolution approving the request for a waiver of the platting requirements, with the finding that compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply will not interfere with the purpose of Subdivision Ordinance. 2. Deny the request for the waiver of the platting requirements on the basis it is inconsistent with the purpose and intent of the Subdivision Ordinance. In this case, the Council should direct the staff to prepare a resolution with findings of fact based in the record for the denial of the request. 3. Defer consideration of this item and provide staff with specific direction. Staff recommends Alternative #1. RECOMMENDED 1. A motion and second adopting a resolution approving the request for a MOTIONS: laiver of the platting requirements. Rev~;j . Frank Boyle, Ci y M inager A RESOLUTION WAIVING THE PLATTING REQUIREMENTS TO ALLOW FOR THE REALIGNMENT OF PROPERTY LINE BETWEEN PROPERTIES LOCATED AT 3941,3913, AND 3877 MARSCHALL ROAD Motion By: Second By: WHEREAS, William and Sharon Ries, Ruth and David Yarusso, and Robert and Paula Britz are the owners of properties located at 3941, 3913, 3877 Marschall; and WHEREAS, The property owners have asked the City Council to waive the platting requirements for these property to allow for the realignment of the two property lines which are shared between the three existing parcels; and WHEREAS, The shared property lines will be relocated 20 feet north of the existing locations; and WHEREAS, Variances have been granted to the minimum lot areas and side yard setbacks for the parcels; 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. PASSED AND ADOPTED THIS 18TH DAY OF DECEMBER, 2006. YES NO Haugen Dornbush Erickson LeMair Millar Haugen Dornbush Erickson LeMair Millar Frank Boyles, City Manager ... ~.<:ity9fp~ip~\Pke.com Phone 952.440.9675 !' Fax. 952.440.9678 ~. ES V AAIANCE I Location Map .---1 I G) I ~ ~ ...... '" '- \\1~ ~~? ~~ / \ / /. .", / I N 1-- - - FeE t () ??5 450 qQ('l 1...35(\ t.8OO..,. The reason we are requesting a variance is due to the following facts: When we purchased our home in November 1971 we were told that our property lines were according to pins that were located right off the road and there are still pins down in the swamp. These were the l'..u'perty lines that we have used and maintained since 1971. Our neighbor to the North was Dick and Ruth Powell who purchased their home in 1972 and was also told that their property line were the same on the South and the property line on the North was indicated by a marker that is located in a bush on their land. This is the property line that they have used and maintained since 1972. The neighbor north of the Powell's is Robert and Paula Britz who purchased their property in 1976 and they were told that their South property line was also indicated by that same marker located in the bush which is also the property line they have used and maintained. In 1982, we and the Powell's decided to put up Lester garages at the. same time. We received our City of Prior Lake building permit in July 1982 and proceeded to have the building erected. We became aware of a problem with the property line when Robert Britz decided to put an addition onto his house and was required to do a survey and discovered that the south property line went approximately 25 feet further to the South then we had believed. We thought that the surveyor might have made a mistake until Mark Gruetzmacher (our neighbor to the South of us who purchased the property in 1998) did his survey to have a building moved in and realized that it is not likely that two diff..............t surveyors would have both made a mistake. This is what has begun our challenge to correct the property lines. Apparently the pins that were put in on our property were done by someone (we have been unable to determine who installed the pins) who read the lines incorrectly. When the county removed the pins up by the road when County Road 17 was widen in 1991, we had requested that they replace these pins when they finished and we were told that the County had no one qualified to do that task. Because of the error in incorrect pwperty lines for the past 35 plus years, we now have a comer of our Lester building on the Ruth (powell) and Dave Yarusso' s property. Therefore we are now trying to return to the originally thought property line on the North for ourselves, to the originally thought North and South property line for Dave and Ruth Yarusso, and South property line for Robert and Paula Britz. All neighbors are in agreement with this variance. ~~ [Elt; [E b ill [F j NOV 1 7 2006 ~ William and Sharon Ries By J//tM)( RUb tt/~ ^~ !1~ IV f\ / \ / \ ,::..f \\ F"- \ / I / I / I / ) / / I / l ( '''-:r''' / / / / / / / / / / ..,<.. / \.>~ / . / Pc;:l.. <;:Sl I I \'f / .& ';t.. .:i I I , ~~ / ~ .&"\ ~ f J I III " / 0 -1 t I ")2'.... I(f i~ / ~ t~ f ! 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