HomeMy WebLinkAbout7 - Administrative Land Division Appeal
"AP05CC"
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
HERITAGE
1891
COMMUNITY
1991
18JSf!).A/~
20J~
7
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER ADMINISTRATIVE LAND DIVISION APPEAL
SUBMITTED BY MARK GORACKE
AUGUST 6, 1990
On June l4, 1990, staff received an
application from Dora Fitzgerald of 5463 150th
street, to administratively divide Lot 1,
Block 1, John Titus Addition. Chapter 6-1-3
of Prior Lake Subdivision Ordinance 87-10
allows proJ?erty to be subdivided via an
administrat1ve process under conditions
identified in the specific Chapter. One
condition is to provide written notification
to contiguous land owners. Written notice of
the proposed administrative lot split was
mailed to property owners on June l5, 1990.
On June 21, 1990 staff received a petition
signed b~ property owners who are o~posed to
the subdlvision. (See attached pet1tion for
reference).
The subject site is zoned R-1 Urban
Residential and is located in the S-D
Shoreland District. The required lot size in
the R-1 Zone is 10,000 square feet with 80'
feet of frontage. The proposal is to split
Lot 1, Block 1, John Titus Addition as
indicated on the attached survey. The
proposed subdivision exceeds the requirements
for new lots within the R-1 District. The DNR
has been notified of the proposed subdivision
and has no objection.
Both sewer and water services are existing to
Tracts A and B. They were installed when
150th Street was improved in anticipation of a
future land division. The existing home on
Tract B is connected to the sanitary sewer and
water service located in the northeast corner
of proposed Tract A. The utility lines will
cut across the proposed building envelope for
Tract A. The Engineering Department
recommends that the applicant submit a
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447.4245
COMPREHENSIVE
PLAN IMPACT:
ALTERNATIVES:
RECOMMENDATION:
It is imperative to keep in mind that the
petition addresses a "process question". If
the Council selects to agree with the petition
the application could be processed under
Section 6-3-l Abbreviated Subdivision
Process.
The Comprehensive Plan indicates low density
residential use for this neighborhood. The
proposed subdivision is consistent with the
Comprehensive Plan.
l.
2.
3.
Approve the subdivision as proposed under
Section 6-1-3.
Table the item for further studf.
Deny the subdivision applicat10n under
Section 6-1-3 and direct the processing
under Section 6-3-1.
staff recommends the Council adopt Alternative
#1 with the condition that the applicant be
responsible to provide utility service to each
Tract. The Council will be asked by the
appellants to decide the issue of "general
conformance" under section 6-1-3. Since no
standards exist and little J?recedence is
available, the Council must ult1mately decide
this question. If the Council agrees with the
appellants then alternative #3 is the
appropriate alternative. Since the proposal
meets all zoning and subdivision standards,
denial of the plat is not advisable.
Staff believes that the ~lat
approved based on the follow1ng:
l. All Zoning and Subdivision Standards are
being followed.
2. No variances are required.
3. Sewer and water stubs were located
before a~plicant owned propert~ in
anticipat10n of a possible land div1sion.
4. The applicant is proposing covenants
which would, based on their submittals,
provide for a home to be integrated into
the neighborhood.
5. The issue of "general conformance" is a
process question. The appellants would
most likely object to the development of
the lot under any process. Undertaking
this particular process under section
should
be
ACTION REQUIRED:
6-3-1 rather than 6-1-3 will not provide
any new facts or relevant data for
Council deliberation on this land
division.
Depends on Council action.
"SPLIT"
AP ~ - ~}5
PIDt JSf ',,~ . 10 !--{)
AIJlIINIsrAATIVE LAND DMSIOO
APPLlCATlOO FOlflt
Oore Fitzgereld
Property CNner:
Address: 5463 1S0th Street, FrIor La~e
Applicant: Semf'!l
Address:
tt40-4466
Phone :
Phone:
Name of SJrveyor: Velley Engine9ring Co.
Phone: 447-2570
SUBMISSlOO RmUlREMEm'S:
A. Completed application form and Property Identification Number (PID).
B. Complete Legal description of existing and proposed parcels.
C. Filing fee.
D. SJrvey prepared by a qual ified person who is a registered land
surveyor in the State of Minnesota.
E. 15 copies of the application, survey and sURXlrting data and I set
reduced to 11ft X 17ft.
F. Total square footage and or acreage of existing and proposed parcels.
G. Names and addresses of owners who own property contiguous to the
subject site.
CNLY OOMPLETE APPLIC'ATIOOS SHALL BE ACCEP1'tJ} fUR RE.VIEH.
To the best of ~ knowledge the information presented on this form is correct.
In addition, I have read Section 6-1-3 of the Prior Lake Subdivision Ordinance
which specifies the requirements and procedures for Administrative Plats. I
agree to provide information and follow the procedures an outlined.
Applicants Signature ~_ (]
0,,<,- ~.. V ~.., ~
Fee CMners gnature
Date
tI-14-90
Date
'nIlS SEX:TION ro BE FILLED IN BY 'mE PLANNm:; DIRFrrOR
DIsr05ITlOO OF APPLICATION: APPROJED DENIED
CI'.tY a:>tJOCIL (APPEAL) APPROJED _IENIED
a:>NDITlOOS :
IY\TE
I1\TE OF REARmG
Signature of the Planning Director
Date
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&-1-1
&-1-3
CHAPTER 1
GENERAL PROVISIONS
SECTION:
&-1-1 :
&-1-2:
&-1-3:
6-1__:
TItle
Purpose
Administrative Plat
Compliance
&-1-1:
TITLE: These regulations shall be known and may be cited as the
Prior Lake Subdivision TItle.
&-1-2: PURPOSE: The process 01 dividing or subdividing land into home sites,
or parcels for other uses, is one of the most If11)Ortant factors in the
growth of Prior Lake. Few activities have a more lasting effect upon the City's
appearance. environment and general public Impression. Once the land has been
subdivided and streets, homes and other general improvements completed, the basic
character of this permanent addition to the community becomes IIrmly established.
When the developer has completed the subdivision process and Improvements are
Installed, It becomes the City's responsibility to maintain the streets and roads and
provide various other public services. As a result, the welfare of the entire community is
affected in many Important respects. This Chapter Is therefore adopted to establish
mlnirTlJm standards to aid developers and the general public and to ensure that
subdivisions are conceived, and designed to contribute toward an attractive,
wholesome, orderly and safe comrTlJnity. The right to develop should not be taken
lightly. The goal is to view the development process as an obligation to contribute an
attractive, stable, and safe subdivision lor future owners and moreover, for the existing
residents of Prior Lake. (Ord. 87-10. 8-17-87)
6-1-3: ADMINISTRATIVE LAND DIVISION: The cay Manager or representa-
tIVe may autnonze SUlXllvlSlOn approval upon nnC:lIng:
S(A) The division will not result in more than three (3) parcels.
lit
~1-3
~1-4
.. (C)
(0)
The division will not cause any structure on the land to be in violation of the
Zoning Ordinance.
Any easements which may be required by the City must be aranted.
(E)
F
and no
6-1-4: COMPLlANCF.: Except as provided in Section 6-1-3, no land shall be
planed, subdivided, rearranged, developed or improved In any way
which Is not in conformity with these regulations. All subdivisions of land hereafter
submilled for approval shall fully comply, in all respects, with the regulations set forth
herein. (Ord. 87-10, 8-17-87)
5811
PRIOR LAKE
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PROPOSED SUBDIVISION SITE--_ \
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KATHLEEN RA:O
"'Z~r
HERITAGE
1891
COMMUNITY
1991
C{8"JS(')./V
2((91
"AP05Nl"
NOTICE OF HEARING
TO CONSIDER CITIZEN APPEAL OF AN ADMINISTRATIVE
LAND DIVISION REQUEST
You are hereby notified that a hearing will be held by the City
Council in the Prior Lake Council Chambers at 4629 Dakota Street
S . E . on:
MONDAY, AUGUST 6, 1990
at APPROXIMATELY 7:35
P.M.
PURPOSE OF HEARING:
To consider an appeal of an
administrative land division
application for Dora Fitzgerald.
SUBJECT SITE LOCATION:
5463 150th Street
Lot 1, Block 1, John Titus Addition
REQUESTED ACTION:
The applicant wishes to subdivide
Lot 1, Block 1, John Titus Addition
into two lots as proposed on the
attached surver. Notice of the
proposed divis10n was mailed to
contiguous neighbors on June 15,
1990. On June 26, 1990 staff
received a ~etition opposing the
proposed subd1vision. As prescribed
by the Prior Lake Subdivision
Ordinance, the appeal has been
scheduled before the Prior Lake City
Council to decide the matter.
If you desire to be heard in reference to this matter, you should
attend this meeting. Oral and written comments will be accepted
by the City Council. For more information, contact the Prior
Lake Planning Department at 447-4230.
Prior Lake Planning Department
July 30, 1990
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
HERITAGE
1891
COMMUNITY
1991
WJ.5fJ./V
20J1
"AP05PN"
NOTICE OF PROPOSED ADMINISTRATIVE LAND DIVISION
DATE: JUNE 15, 1990
The Prior Lake Planning Department has received an application
from Dora Fitzgerald of 5463 150th Street to consider an
administrative land division within the existing plat of John
Titus Addition. The proposal is to create a 10,106 square foot
lot in the Northwest corner of Lot 1, Block 1, John Titus Addition
as proposed. The proposed administrative plat is drawn on the
attached survey.
Section 6-1-3 of the Prior Lake Subdivision Ordinance allows the
City Manager or representative to authorize subdivision approval
without a public hearing under the following circumstances:
1. The division of property will not result in more than three
parcels.
2. The property to be subdivided is a lot of record in the office
of the County Recorder of Scott County.
3. The resulting parcels generally conform to the shape and area
of existing or anticipated land subdivisions in the
surrounding areas.
4. The division will not cause any structure to be in violation
of setbacks.
5. Any easements which may be required by the city must be
granted.
6. The owners of land contiguous to the parcel must be notified
in writing and no written objection received within ten days
followinq notification.
7. An~ written objection shall constitute an appeal. Such an
obJection shall be forwarded to the City Council who shall
hear the objection and decide the matter.
A copy of the proposed administrative land division and location
ma~ are attached. Please accept this as official notification of
th1s proposed administrative division. Written comments or
objections regarding this matter should be submitted to the
Planning Department by 4:30 P.M., JUNE 26, 1990. If the Planning
Department receives no written objections, this proposal will be
processed. If you have questions regarding this matter, contact
Deb Garross at 447-4230.
s;&1e:y OtL/u()<LJ
Deb Garross
Assistant City Planner
City of Prior Lake
4629 Dakota 51. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
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R':':CE\VED
,! U N 2 6 1990
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NOTICE OF OBJECTION OF PROPOSED
ADMINISTRATIVE LAND DIVISION
JUNE 21, 1990
This letter is in response to the notice recieved by
owners of land contiguous to 5463-150th Street.
We, the undersigned, object to the subdivision of 5463-
150th Street for, but not limited to, the following
reason: .
The resulting parcels generally WOULD NOT conform to
the shape and area of existing or anticipated land
subdivisions in the surroundi~g areas.
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Date:
July 14, 1990
From:
Dora and John Fitzgerald
5463 150th. Street
Prior Lake, MN. 55372
Phone 440 4466
Ae:
Lot split of our property
Aecently a petition was circulated in the neighborhood in opposition
to the proposal we have made to split a lot off from our 46,000 square
foot parcel.
For whatever reason, your signature was not on that list. We would
like to think that you chose to know both sides of the issue before
taking a position.
We are attaching a letter we have delivered 01"" sent to everyone
involved in the petition. With it, we hope to show you, and others,
that our proposal is consistent with all applicable ordinances, that
we are honest in our concern to have a compatible home built on the
site, and that the end product will be an asset to the neighborhood.
Thank you.
comments.
Please feel free to call upon us with any questions 01""
~,o
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July 14, 1990
AN OPEN LETTER FROM DORA AND JOHN FITZGERALD
Regarding the Administrative Lot Split
of 5463 - 150th. Street, Prior Lake, MN.
It would be difficult to
recently signed a petition,
our split of an additional
and needs to be told.
meet with each of you individually that
dated June 21, 1990, as being opposed to
lot. The "rest of the story" is complex
First of all, we want to try to convince you we are not the ogres
that some reports back to us suggest we have been portrayed as during
this process. We have lived in Prior Lake in one home since 1977
until moving into this neighborhood in the middle of May. Among
other reasons, we moved to this area because of the pride we sensed
in the way people maintained their homes, and for the quality of the
nearby housing. We toured other nearby homes that were on the market
before selecting this one.
Before buying this property, we researched Prior Lake Codes with
respect to subdividing the extra lot. Our concept meets all
applicable ordinances and must meet exactly the same requirements as
your property (Storms and Shangri-La) as they developed. No
variances from the code will be required and the lot can be built
upon with a home every bit as nice as any along 150th. Street. It is
the furthest thing from our mind to introduce anything that will
negatively affect the makeup or quality of the neighborhood. In
fact, it is in all of our best interests for us to ensure that
anything built on the lot will be harmonious with it's surroundings.
We are extremely sensitive to the use of the building site and the
architectural standards to be used in the new home. We have asked
people skilled in the trades to help us formulate a set of
architectural and site controls for the property to make certain the
integrity of the neighborhood is maintained. We plan to make these
controls part of a sale contract for the lot.
As was apparently mentioned to many during the petition signing, John
is currently a member of the Prior Lake City Council, and has been
for over four years. We have no desire to have our proposal
considered on any terms different than those which any other citizen
of our community is subject to. In fact, because of John's position
and our collective concern to make sure only the best comes to Prior
Lake, we will go the extra mile in bringing about a home which will
complement the others in the neighborhood. With that, we will try to
answer questions and respond to those concerns we have heard:
COMMENT WE HAVE HEARO
The newly configured lots would be unusual, with the existing home
situated on an "L" shaped lot.
OUR ANSWER
The fact is that the newly-created lot would contain more front
footage (82.5 feet) than many in the neighborhood, and that the
so-called "L"-shaped parcel would contain over 36,000 square feet.
We live on the property end feel it will still be a very comfortable
arrangement and setting. Our home ia situated on the rear of that
lot, is orianted towards the east of the property, and takes
advantage of the wooded park erea to the south. For whatever reasond
previous owners decided not to exercise the option of dividing this
parcel. After consulting with professionals, we feel the split can
be easily assimilated into the neighborhood.
COMMENT WE HAVE HEARO
The combined lots would have the effect of lowering my property
value.
OUR ANSWER
The newly formed lot would be built with similar setbacks, and be
visually indistinguishable from the array of shapes and sizes along
150th. Street. To have any affect on surrounding values, a home
inconsistent with the neighborhood would have to be built. The
architectural standards we have now developed will prevent such an
occurrence. A new home will blend very well with existing property.
Furthermore, the "L"-shaped lot, leaving an 87.5 foot open area on
150th., will give a visual break to the street setting.
COMMENT WE HAVE HEARO
Why would you want a house right out your front door?
OUR ANSWER
The site standards we have developed provide for the home to be
situated in the northwest portion of the lot. Our home sets
approximately 62.5 feet from our westerly property line. Assuming a
10 foot sideyard setback for the new house, a 52.5 foot home could be
built without even visually encroaching from our perspective. This
concern is further eliminated by the trees to the north of our home;
the controls we have established mandate leaving those trees and
making every effort to preserve all other material vegetation on the
property. We feel that very little existing vegetation, if any, will
be lost.
COMMENT WE HAVE HEARO
to be built there;
What is going
neighborhood?
OUR ANSWER
A single family residence consistent with the neighborhood will be
built on the site; our architectural standards cover that.
Fu~thermore, those same standards deal with issues such as the
integration of the garage mass (minimum two-car attached); roof
pitch; conformance to square footage in neighborhood; siding types;
use of decks or platforms; fencing; and others.
COMMENT WE HAVE HEARO
"The resulting parcels will not conform to the shape and area of
existing or anticipated land subdivisions in the surrounding areas".
(This was the basis of the objection in the petition language.)
OUR ANSWER
A neighborhood is represented by more than a few lots. The land
immediately to Our east, Shangri-La Addition, where many of you live
that signed the petition, has many lots that are highly
representative of the lot we intend to split. In fact, it should be
noted that the combined area of the three lots immediately to the
east of our property constitute approximately 32,700 square feet. We
are splitting over 46,000 square feet into ~ parcels; one of 10,125
square feet and the other of over 36,000 square feet. Storm's First
how
will
it
"fit" into the
Addition, directly across the street from our property, is platted
with many lots that, slthough sometimes deeper, are actually less in
front footage than our proposal. looking across to Feirlewn Shores
Trail, there are many lots smaller and much narrower in Front
Footage. So where does the term "not conForm to shape and area"
realistically apply? The use to which this lot will be put not only
conForms to it's surroundings, but the character of the home
to-be-built on this nicely treed property will be a genuine asset to
the neighborhood. Furthermore, the manner in which this lot will be
built upon (orientation towards 150th. Street and sight lines down
the street) is absolutely consistent with every house on 150th. from
Fairlawn Shores to Frost Point.
It seems unreasonable to us that the party who circulated the
petition (and owns the lot to the east), who is also a builder, would
like to see us keep our property as an open area. This would not
only be at our expense, but also to your expense as a taxpayer in
Prior lake. Ample opportunities for building on his lot exist.
COMMENT WE HAVE HEARD
We bought here expecting that property would only contain one house.
OUR ANSWER
As you have the right to use your property in any manner conForming
to law, so do we. There are no restrictions prohibiting a split, and
there are no laws which limit our reasonable use. Our property is
not parkland, it is under private ownership. Bear in mind that we
would have the potential to be affected to a greater extent than
anyone by splitting this lot if it is not done in a prudent manner.
Doesn't common sense and logic say that we will do everything within
our power to make certain it is an asset for everyone? It should
also be pointed out that when 150th. Street was improved with sewer
and water that two stubs were provided to this property.
lastly, there has been some complaint that we only moved to this
house on an interim basis, plan to split the lot and move on.
Frankly, we are unsure of what the next couple of years may hold.
Our previous home of 13 years sold within a few days this spring when
we placed it on the market. We have never had a brand new home; we
don't want to part with that dream by telling you that it is not a
thought we share together. You may be interested in knowing that our
intention was to remain in our previous home For only a couple of
years. Those couple of years turned into time to see our children
grow and move on: our son joined the Navy right out of Prior lake
High School last year and our daughter is away at college most of the
year. Are we here to exploit something? No; for however long we are
here, we sincerely want to be neighbors in the best sense of the
word.
We realize the alarm that can signal whenever any change is
contemplated nearby one's home. We hope that some of the above has
helped give you some comfort with our proposal. If you have any
additional questions or comments, or would like to visit with us
personally to discuss the matter, please do not hesitate to call us
in the evening at 440-4466. Please leave a message on the recorder
iF we are not in.
Thanks for reading this and taking
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our position into consideration.
o~~,~
Dora Fitz erald .
",_,ST""'TIVE lOUT.
~E"'''ED Fort.
DOIIA FlTZGURLO
54aJ '50TH STltfET
~IO" LAKE, IIM>I. 553~
TELEPHONE +40-44"
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SUlT1I2O-C, ""ANl<LIH TItAIL OfP'ICf COHOClfolIHIUM
""0 "'ANICUN TRAIL S.E.
~10It LAlCE, MINNESOTA ~372
TELEPHONE 11121 +47-2570
11121447-524'
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