HomeMy WebLinkAbout10B - Zimmerman's Addition
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
JUNE 4,2007
10 B
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING A COMBINED
PRELIMINARY AND FINAL PLAT TO BE KNOWN AS ZIMMERMAN
ADDITION
Introduction
Robert and Tricia Zimmerman have applied for approval of a development to
be known as Zimmerman Addition on the property located at 3235 Balsam
Street. This agenda report requests approval of the proposed subdivision,
which replats the existing lot and a portion of the City park.
History
The proposed plat is intended to facilitate a land swap between the City and
the Zimmermans. The attached survey exhibit shows a portion of Sunset Hills
Park that has been maintained by the Zimmerman's for the last 20+ years.
Normally in an encroachment situation the City asks the resident to remove
any property from the City land and begins to actively maintain or exhibit
control over the area. This property has special circumstances in that the
fence which both the City and property owner believed to be on the property
line was installed by the City with the intent of defining the property line.
During the 1980's City Staff met with the property owner after construction of
their house and installed the fence on what staff believed to be the property
line. After installation of the fence the property owner installed landscaping
and has since maintained the yard.
Last year a survey was prepared for the property in connection with an
application for a building permit to construct an addition. The survey showed
that the fence was not on the property line but rather on City land and that the
landscaping and yard encroached on the park. The property owner
approached the City regarding the potential to purchase or swap land.
Because the property owner has land adjacent to the park on their south
property line they could swap land with the City. The value of the property is
essentially the same as neither area is utilized for active space by the park.
The swap would be for equal sized areas.
The City Council considered the concept of the swap on January 2,2007. The
Council agreed the swap was appropriate (see attached minutes).
The Planning Commission held a public hearing to consider the combined
preliminary and final plat at their meeting on May 14, 2007. At that meeting
the Planning Commission recommended approval of the plat.
Current Circumstances
The proposed development creates 1 lot for the existing single family home
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and an outlot for the City park. No additional building lots are included in this
plat. There are no new streets or public improvements required as part of the
development.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site consists of 12,538 square feet.
Existino Land Use: Currently there is one single family home located on this
site.
Wetlands: No wetlands are located on the site.
Access: Access to the site is from Balsam Street, and will remain unchanged.
2030 Comprehensive Plan Desianation: This property is designated for
Urban Low Density Residential uses on the 2030 Comprehensive Plan Land
Use Map.
Zonino: The site presently zoned R-1 SD (Low Density Residential Shoreland
District).
PROPOSED PLAN
Lots: The plat includes 1 lot and an outlot. The current and future square
footage of the residential lot remains unchanged at 11,184 square feet. The
overall size of the park also remains unchanged.
Tree Replacement: No trees will be impacted.
ISSUES:
The proposed combined Preliminary and Final Plat will facilitate a land swap
between the City and the applicants. A portion of the adjacent park land will
be added to the Zimmerman property to correct previous encroachments. In
return, the Zimmermans will deed an equal portion of their existing lot to the
City for park purposes. As part of this agenda, the City Council will also
consider a petition to vacate the existing drainage and utility easements on this
parcel. New easements will be dedicated as part of the final plat.
The Planning Commission and staff recommend approval of this combined
preliminary and final plat, on the basis it is consistent with the provisions of the
Zoning and Subdivision Ordinance and City Standards, subject to the following
conditions:
1. The applicant must provide a deed to the City for Outlot A,
Zimmermans Addition, with the final plat documents.
2. The resolution vacating the easements must be recorded just prior to
the final plat.
3. The final plat must be revised to reflect the vacation of the existing
easements.
4. The final plat shall be recorded at Scott County within 90 days of
approval by the City Council.
L\07 FllES\Ol SUBDi\!ISIONS\O! PRELIM &
5. The applicant must provide proof of installation of all subdivision
monumentation within one (1) year from the date of recording the plat, or
prior to issuance of a building permit, whichever occurs first.
This proposal does not require a Development Contract or any development
fees.
FINANCIAL
IMPACT:
There is no budget impact as a result of this action.
ALTERNATIVES:
The City Council has the following alternatives:
1. Adopt a resolution approving the Combined Preliminary and Final Plat for
this development subject to the listed conditions, with the finding that the
preliminary plat is consistent with the intent and purpose of the Zoning and
Subdivision Ordinances.
2. Deny the Preliminary and Final Plat on the basis it is inconsistent with the
purpose and intent of the Zoning and Subdivision Ordinances and/or the
Comprehensive Plan. 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 these requests.
3. Defer consideration of this item and provide staff with specific direction.
The Planning Commission and staff recommend Alternative #1.
RECOMMENDED
MOTIONS:
1. A motion and second adopting a resolution approving the Combined
Preliminary and Final Plat to be known as Zimmermans Addition, subject to
the listed conditions.
Revi
& FINAL \Zirnrnennans
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 07 -xx
Motion By:
Second By:
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on May 14, 2007, to
consider an application from Robert and Tricia Zimmerman for the combined
preliminary and final plat of "Zimmermans Addition"; and
WHEREAS, Notice of the public hearing on said combined preliminary and final plat has been duly
published and posted in accordance with the applicable Minnesota Statutes and Prior
Lake Ordinances; and
WHEREAS, All persons interested in this issue were afforded the opportunity to present their views
and objections related to the combined preliminary and final plat of "Zimmermans
Addition" for the record at the public hearing conducted by the Planning Commission;
and
WHEREAS, The Planning Commission and City Council have reviewed the combined preliminary
and final plat according to the applicable provisions of the Prior Lake Zoning and
Subdivision Ordinances and found said combined preliminary and final plat to be
consistent with the provisions of said ordinances; and
WHEREAS, The Prior Lake City Council considered an application for combined preliminary and
final plat approval of "Zimmermans Addition" on June 4, 2007; and
WHEREAS, The City Council has the authority to impose reasonable conditions on a combined
preliminary and final plat.
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 preliminary plat of "Zimmermans Addition" is approved subject to the conditions set forth in this
resolution:
3. The final plat of "Zimmermans Addition" is subject to the following conditions, which shall be met
prior to release of and recording of the final plat:
a) The applicant must provide a deed to the City for Outlot A, Zimmermans Addition, with the final
plat documents.
b) The resolution vacating the easements must be recorded just prior to the final plat.
c) The final plat must be revised to reflect the vacation of the existing easements.
d) The final plat and all pertinent documents must be filed with Scott County within 90 days from
the date of final plat approval. Failure to record the documents by September 4, 2007, will
render the final plat null and void.
L
;:1 NI\L \7i!wW\qfe!ft9~'flbf\fcrkEu3orr\ut.()!I. ilOC
Phone 952.447.4230 / Fax 952.447.4245
e) The applicant must provide proof of installation of all subdivision monumentation within one (1)
year from the date of recording the plat, or prior to issuance of a building permit, whichever
occurs first.
PASSED AND ADOPTED THIS 4TH DAY OF JUNE, 2007.
YES
NO
Haugen Haugen
Hedberg Hedberg
Erickson Erickson
leMair leMair
Millar Millar
Frank Boyles, City Manager
L:\07 FILES\07 SUBDIVISIONS\07 PRELIM & FINAL\Zimmermans Addition\plaUesolution.DOC
BUILDING PERMIT SURVEY PREPARED FOR:
BOB ZIMMERMAN
.1235 BALSAM STREET
PRIOR LAKE, MN 55J72
. Valley Su/rveying Co., P.A.
~ L_ __ "'- .., 441-S7tJ _ IJII
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City Council Meeting Minutes
January 2, 2007
Consider Approval of Resolutions Authorizing the Purchase of 1) Anti.lce Prewet Equipment, and 2)
One Valve Operator.
Streets and Utilities Supervisor Eldred stated that the requested equipment purchase will allow
expansion of the anti-icing and prewet programs and allow implementation of a preventative maintenance
program for the City's water distribution system. He explained the bids received and funds available.
Comments:
Millar: Asked for an explanation of a valve operator and why the equipment is needed.
Eldred: Responded that it would allow us to access the valves and allow the work to be done with less
staffing.
Albrecht: Noted that it allows us to exercise all 4,000 valves each year. The equipment would allow
valves to be opened and would apply consistent torque to reduce breakage. This would be a maintenance
program that could be done with one person rather than two.
Millar: It will provide preventive maintenance more efficiently, help with fire safety and will be a cost saving
over time because of reduced staff time.
LeMalr: Stated that having appropriate tools for job is necessary. Asked if hours are scheduled for regular
maintenance.
Eldred: Affirmed there is staff time for this and this is another one of several preventative maintenance
programs in place.
Erickson: Will support.
Haugen: Concurred.
MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 07.006 AUTHORIZING
THE PURCHASE OF ANTI-ICE PREWET EQUIPMENT FROM VARITECH INDUSTRIES.
VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried.
MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE RESOLUTION 07.()07 AUTHORIZING
THE PURCHASE OF ONE HURCO VALVE OPERATOR UNIT FROM NORTHERN WATER WORKS
SUPPLY.
VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried.
.l6:o Consider Approval of a Report Regarding Park Land Property Encroachments.
7iT\ Public Works Director Albrecht discussed scenarios the City encounters periodically regarding property
encroachments and requested direction from the Council for the Zimmerman parcel. Explained the
Zimmerman property and an area that was mistakenly believed to be theirs. The Zimmerman's want to
build an addition and there is no space due to setbacks of actual property line. Zimmerman expressed
preference to purchase the property but City property cannot be sold to one individual; it is a bidding
process. City staff is generally opposed to selling park land but would consider a land swap and the
property owner would have to pay for replatting the property. Would like general Council direction on these
types of encroachments.
Comments:
Erickson: Clarified the property that would be traded.
Albrecht: Displayed the area on the map which includes fencing erected by the City that is not on the
property line. Explained the City has the option of removing the fence and taking over maintenance of the
area which has been maintained by the Zimmerman's up to this point.
5
City Council Meeting Minutes
January 2, 2007
Erickson: Asked if the City would have to rebuild the fence.
Albrecht: Responded that the City typically doesn't build a fence along a park but this was done originally
to help define boundary.
Erickson: Commented that a bidding process would still be viable.
Boyles: Stated the City would actually have to accept the bids.
Pace: Affirmed that the City would have to use the appraised price as the floor.
Albrecht: Commented that staff has shied away from sale of park land, but swapping can allow exchange
of equal value to equal value.
Pace: Stated that a sale vs. a swap cannot be a universal decision, but rather the City would need to
consider the unique situation each time.
Albrecht: Pointed out that the Zimmerman's have landscaped on City property.
Pace: Stated the situation is unique and the City made a mistake by installing the fence.
Boyles: Commented that the City was working with the property owner and both parties made an error
that they are now trying to resolve mutually.
Pace: Believes a swap is a good solution and doesn't think the Council should develop policy based on this
situation.
Erickson: Stated this was an honest mistake and the proposed solution is good. Believes a sale may not
be a workable solution and Zimmerman may be taking a risk by having someone else put a bid in.
Pace: Gave examples of other encroachments and believes they should not be rewarded by allowing
people to buy the City property.
LeMair: Agreed it was an honest mistake and supports a swap. Commented that City policy is to maintain
its own property and not let people encroach upon it.
Millar: Agrees that a swap is best solution and future situations should be reviewed on an individual basis.
Haugen: Will support a trade of square footage.
MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE REPORT, THAT A SWAP
CONCEPT IS APPROPRIATE IN THIS SITUATION AND THE PROPERTY OWNER WILL PAY COSTS
ASSOCIATED WITH TRANSACTION.
VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried.
Consider Approval of an Appointment of a Councilmember for the Period of January 16, 2007, to
December 31, 2007.
City Manager Boyles reviewed the Dornbush resignation and described the process for filling the vacancy
included the requirement for sequestering candidates during the interviews to assure that all candidates
have equal opportunity and no candidate would have the advantage of viewing another candidate's
interview responses. Commented that seven applications were received. Noted that state statute provides
for the Mayor to make an appointment if there is a tied vote on the appointment.
Haugen: Stated that two candidates did not arrive in time for sequestering and were removed from
consideration.
Boyles: Confirmed that he advised the two candidates when they arrived for their interview that they were
removed from consideration and that they agreed they received the correspondence advising them to arrive
at the sequestering time.
Haugen: Invited Evens to share his comments about the process.
Evens: Described his perspective of the application process and the interview scheduling process.
Believes the correspondence could have been more apparent in describing the expected time of arrival.
Described his process of preparing for the interview. Believes he should have been called prior to 4 p.m.
(his appointed interview time) to be advised that he was eliminated from the process. Believes
6
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SET AND MARkED BY LICENSE NO. 42309
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DRAINAGE AND UTILITY EASEUENT.S
A.RE SHOWN THUS:
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BEING S.D FEET IN MOTH AND ADJOINING
SIOC AND REAR LOT UNFS UNLESS
OrnER'M5€" INDICA TFD ON THE Pl..A r.
KNOW AU. MEN BY THESe PRCSCN1S: Trlot Robert D. ZinmamlGrl and Trlcio ...t zmmaom~ '*0 Tr/tt;it;I A. Gnl"Jcm. husbcmd and rdr.. fee o,,"~ of tire fcnormg
dtot:,rl,ed propt!II"ty sItuoted .., the County of Sectt. stote of IIinnesolv to "":
Lot 1. B10dt 4, SUNSET HIU.S ADDI71ON. Scott CQunty, lIhnaota.
AND ALSO KNOff AJ.J. MEN BY 1HCSE PRCSENTS: 11Iat 1M CIty of /IrIo, LGt<<. Mi'IMsota, 0 1iun1clpo/ Corporation. fH om... of the foIowlng decriJ" propwty
.tuotfld In the Ccunty of Scott, St"", 0/ ~to to rrlt;
AI thot p6t of OUtlot "A": SUNSET HILLS NJD/1ION, Sr:ott Count", Allnnuoto IJIIIg nGrl/I."y tInt/ eftt.,y of the faIIoritg dncr6-.1 J"',,; C<<nm~g at the
IIOUth..t com.. of Lot t. /IIodt 4. SUNSET HUS ADDITION; ~ North D3 ~ 0tS mltwtfJIJ 01 tJeCGt'Ith _t o/cng tJw rrc:rd JIn" of IIDid Lot I. Q
dbton~ of 17.94 fee, to t". fWWtt of Nglvrfnt1 of tI'ItI 1M to be tIuat>>d; then~ South . ."... 53 mtlutn 59 ucontb 11II81 II d/.tant:d of J.75 fHt:
~ NcrlJt 1~ .- ~7 mhlt_ :sJ 8<<:Qnd$ IMtst 0 distance of nOJ r-t. to the north"'y liJe of __ OuUot -A. and th.. t~g.
110_ CdJHd 1M 1IIII1Ie to #HI .urMyed tMd platted,. Z1JJMDDJANS ADDITION. and do hreby donate to the public fer pubrlC UStI faroeVB'" ttJ" eaHmtII'lt.s for drc1t1oge
and utJl1ty ~ only ". sIJotm on the plot,
In fllitn.u ."".,." Mid Robrt D. r.."",.""., and Trfda A. Zimmennon, alto Trldo A. Crohan, hu$bond tHId ~,. haw caII_ the. prH.,t$ to tJ. sigMd this
_ .y of . 2007.
SICNEIk
RolH:rl D. Zimmennan
aid . hu.tHnd and fIIi'" as ,.. oWJW'&
Trir:it1 A Z'1InmenTIQtI aka Tridt1 A. GI'ahom
STA 1E OF IIINNESOTA
COI.MTY OF SCOTT The foregohg "'.t7ument .. odmowledged befor. m. thb _ day of 2007, by
Robert D. Dmmermon ond Triclo A. Zimmerman, oka Tricio A. Gr~, husband and wife. os fee oW'J'\er8.
Notory Public:. ScGtt County, Minnesota
M)' Commlsal'on explra January 31, 2010
//ALLEr SURVEY/He co.,
Z.lNJlfERUANS
Al)!J.fT.lON
Also .it llritntlss rth_f saKI City of Prior Lak.. Minntl$olu, 0 Municipal Crxporotla7. hOlM ctJUsed th_ p'eSlMt. to be sItJn<<I this
_ duyof _,2007_
SIGNED: City of Prior Lok.. MinnMGto
By
;ta- JJG}IOI" and Att."r by
;l!J lJonogr
STA Tf" OF IJINIESDTA
CCUNTY OF SCOTT 1M forego;Ig mlrumenr ~ acknotr/edgtld hlore me lhilJ _ doy of 2007,
8y if3 Map ~ Its 1Itm0f1l!lr of the City of Prior l.aIta. V","e!JOta a Wuni:pd C<<poroticn,
(>>'I behalf of th" Corporrrtlon.
Notary Public. Scott County. ....."MOta
My Commiakln explroe- Janual')' 31. 2010
SURItE"'I'OO'S CERllF1CAlE:
I '--by r:wtIty lfIot I hen. ~ and plat'" the prop.-ty ~ on this phrl os ZlIIIIERMANS ADDIlION.- "'of this plot Is G
corrwct ,.,...,tatJon of the...,.." thot dI .tan~ .".. tomKit1y .-'to.. an the plot In ,.., tIIId 1Mmdntdth. of 0 foot; that 011
morHll7H!:nt. hate been t:tTnK:t/y ploca/ In the ground ~ tllrorm or .. be ~Uy pIrJt:ed i'l the ground ~ dniv-at.J; thtIt the
out... bounday ~ GnJ CQTIIICtly deM;natH on th. plat: ond that th... on no _t Imds 1M d81fn1lt/ In ItlS :KJ5.D2 Subd. 1, or
public ~ to btt d.ignated f1th<<' than ~
Scott M. Swonllon, Land SunteJO'"
"'r.nesoto license Number 42J09
STAlE Of MINNESOTA
COUNTY Of SCOTT
~7~~t~r;:~~~e s::.;:'~.:=t~bL=:~t,. -moi. doy of
Notary Public" Scott County. Minnesota
My Cornmlalon up"'. January J1, 2010
Th. plat - approved by reeolutlon by the City of Prior lake. M1nne.,to at 0 reguldl" m..Ung "..-eo!' held this _ do)' ot
2007, o"d Is in eomplionce ...ith the provisions t)t "innQOla Stt)wtes SectiCln 505.OJ. SUbdl....on 2.
SIGNED:
Its Mop
Attest.:
It. NClrloga-
SCOTT COUNTY AUDITOR / TREASURER:
I "rey certify that the a.rrnnt <I'1d delinquent taxes on the lemds de:aa1bed withIn ar. paid and the transfer Is entered this
_ day of 2007.
Signed by.
Deputy
SCOTT COUNTY SUR~YOR:
PUrsJant to MinnlJ$Ota Statutes, Chopter 389.09, Subd. 1, Os anended, this p1crt has been rrofewed and opproWl'd this _ do)'
of 2007.
Scott County SuI"Wl)Ol'"
SCOTT COUNTY RECORDER:
I hreby certIfy that thb plat of Z1....ERNANS ADDITION. \fIIIaS fled in this office this _ doy of
at _ o'clock __.... ond was ffled 011 Document No.
2007
PA.
Scott County Record...
OWNER / DEVELOPER:
BOB ZIMMERMAN
3235 BALSAM STREET
PRIOR LAKE. MN 55372
PHONE (952) 440-5067
I
PREZJ.M/NARY
Z/AfAfERAfANS
PLAT OF'
Al)IJ/T/ON
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Together with:
AIf that pari of Outlot '"A: SUNSET HILLS ADOlnON, Sa1tt Caunt.x oWvJeSQta lying north.-1y I1fJd ~terly
of Ih. foIIoMn9 ~ I;,~ Commf!1flcfng ot the "OUtlll"nt conIet" of Lot 1, Block 4, SUNSET HIUS
ADO/11ON; th<<Ice North OJ MgrHs 06 m/nutllS 01 ftC'Xlds HiNt aong the wert line of eaId Lot 1 0
:f:::t:: ~~to..:t ::::t;:~~~ fe,,~fl th'=C:ON'::rh~~ mS::r. ~ ~ds
12 dbJtQflclI of 9~o.J fHt, more or leu. to the northerly Une of IIoid Outtot '"A'" and there ttrminot;,g..
III
. DENOTES IRON MONUMENT FOUND
o DENOTES IRON t.KHJt.lENT SET AND
MARKED BY UCENSE NO. 42.309
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~:.: alley _'!r:r;::ying
PkInn... Frzx (952) 44'1-2571
Co., PA.
SuIt.2:JO
'6670 FranItIIn TnJI s.f.
Prior Ldr.. Mm-ta ~12
...
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: -'~~~T.~~~,"z"=:;~J
! ~G Iii /I '.,{]/"~'
: sPjiII ! I : ,~G1" (__~.. :
I AI J'" /') ..,,., ,,;."j(y'.,.., .., '?"?".
I I V ./ ' / <iL, I lsly.-- I I"'J" .L...L.
, ./ ,-(--).;.~; I,..~"t........----- I
.-",~y", flIC!,
_.",-:Y I I jjJCI I
0-__:~--: ___ _._ _____ ~ ___ _ _/'~ _ _ _ __ _ ~
V1ClNITY MAP
(NO SCAlE)
atSTlNG LOT DA TA:
/I
'!-
Lot 1 = tl,184 sqUfJ1'"8 fHt (improious SJrlrx. J.62~ (f./J2.4X)
OlIt1ot A = IJ54 $qutr8 fettt (plotted prxtJcn)
Zoning - R1 .
PRCIPOSOJ LOT DA TA:
Lot , - 11,11U square 'Ht (impervious SW'foee J.62J$q. ft.p2.4%)
Outlot A =- ,J5f tIqlHIrrI ,"I
Zoning - RI
:::1
, henby C#rlJfy thot this Pn/fminay AtH
woa prllp(r<<l by mtl or Ufldr my d/r<<t
lIUpervfWon and thot I am " rAlly Uc.-...d
LtIftd Sl.nep under the /an of tlUr Stohr
of I/InnftlOta.
MlnnetlOta l.Jcen:Ie Numbtr 42309
Oatfld this _ doy of __ 2007
FILE ...lil.J11....
BOOK ~
PAC[ 49
r.l;I~r. {'. tn,~_;,.,~.../1(P.77_P,.._...I,,' ;1....,