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HomeMy WebLinkAbout6B - Subdivision & Vaniance for Ken Lillyblad AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: 6B GINA MITCHELL, ASSOCIATE CITY PLANNER TO CONSIDER AN ADMINISTRATIVE LAND DIVISION AND VARIANCE APPLICATION FOR MR. AND MRS. KENNETH LILLYBLAD DECEMBER 20, 1993 The Planning Department has received an Administrative Land Division and Variance application from Mr. and Mrs. Ken Lillyblad. The applicants propose to resubdivide Lots 12, 13, 14, 15, and 16, Block 2 of Lakeside Gardens, in order to create three larger lots, as per attached survey. The applications have been filed pursuant to Section 6-1-3: Administrative Land Division process, outlined in the Prior Lake Subdivision Ordinance 87-10. A Variance application has been filed with the Administrative Land Division requesting lot width variances for proposed Tracts A and B. The variances are: TRACT A - a 2' variance from the 96' corner lot width requirement of the Subdivision Ordinance and TRACT B, 5' lot width variance from the 80' requirement of the Zoning Code. (The Subdivision Ordinance, Section 6-6-4:E requires corner lots to exceed the minimum width and area requirement for that district by 20%). The subject site currently consists of five lots that range from 50 to 75' wide, and from 128 to 150' deep. Their present areas range from 6,410 to 8,796 square feet. The Lillyblad's home is located in the middle of lots 15 and 16. There are two other buildings owned by the Lillyblad's that are situated on the remainder of the plat. A shed which is located on where lots 13, 14, and 15 converge will, within the replat, be located solely on TRACT A. The site is located in an established neighborhood and contains some mature trees. There are no development constraints, (steep slopes, wetlands, vegetation), associated with the property. Lakeside Gardens was platted in 1926 with predominately 50' wide lots. Many of the substandard lots have been combined and single family homes have been built on them. This has resulted in a mixed neighborhood with lots of varying size and width. What the applicant is proposing is consistent with the mixture of lot sizes in the neighborhood. This application is similar to other cases such as the "Hedberg", "RobbinslDavis", and "Thielbar" administrative plats where substandard lots of record were re-divided to create lots that more closely, conform to current zoning standards In 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER that situation and other similar cases, the Council found that it was reasonable to grant minimal lot width variances when the size of the proposed lots is to be increased, to be at least consistent with those in the neighborhood. DISCUSSION: The existing lots are each lots of record and as such, are subject to building permits. The applicants desire to combine 5 existing lots of record into 3 Tracts. This would reduce the overall development density from 4 units to 3 units. The proposed Tracts A, B, and C contain 12,004, 10,657, and 14,360 square feet respectively. It is the intent to remove the existing garage on lot 13, and rebuild one on proposed TRACT C. The opportunity exists to eliminate the legal non-conforming lots and move closer to conformity with the Zoning Ordinance. The proposed tracts are large enough to accommodate new structures built in compliance with setback requirements of the Zoning Ordinance. Staff has reviewed this application and submitted the proposal to the DNR, utility companies, and neighbors within one hundred feet of the subject site. As of December 13, 1993, staff has not received any objections from any agency or neighbor to the subdivision as proposed. The Engineering Department has reviewed the proposal and has indicated that all three Tracts do have sewer and water service available to the properties. There are no dedicated easements on site, therefore the Engineering Department recommends that a 5' drainage and utility easement be granted to the City along the side property lines, and a 10' easement along the front and rear property lines, as a condition of approval. It is also recommended that a drainage plan be submitted for Tract B as a condition of approval. Please see attached memo from Verlyn Raaen for further information. Ralph Teschner, Finance Director has also reviewed the proposal, and stated that the development fees of $364.00 for Collector Street Fees be collected as a condition of approval of the Administrative Land Division. Please see attached memo for further information. COMPREHENSIVE PLAN IMPACT: The Comprehensive Plan indicates low density residential land use for this area. Therefore, the application has no impact with respect to the plan and is consistent with the Land Use Plan. ALTERNATIVES: 1. Approve the Administrative Land Division and 2' lot width variance for Tract A and 5' lot width variance for Tract B, as requested. Table the item for further discussion. Deny the application for specific reasons. 2. 3. RECOMMENDATION: The recommendation from staff is to approve the Administrative Land Division and Variances as requested, subject to the following conditions: ACTION REQUIRED: 1. The existing garage on lot 13 be removed. 2. The applicant revise the survey's legal descriptions to include Block "2", in the legal descriptions for the newly created parcels. 3. A drainage plan for Tract B be submitted acceptable to the City Engineer, prior to the issuance of a building permit. 4. 5' side yard, and 10' front and rear yard drainage and utility easements be given to the City, acceptable to the City Engineer. 5. Collector Street Fee of $364.00 must be paid prior to the issuance of a building permit. 6. The Administrative Land Division has to be filed with Scott County by February 20, 1993, or the Administrative Land Division and Variance will become null and void. The rational for granting variance approval is that the proposed tracts contain five lots of record, each of which could be developed with a single family home. The Administrative Land Division and Variance can be justified in this case because the applicant is creating three lots out of the existing five substandard, non-conforming lots. These newly created lots will more closely conform to the Zoning Ordinance. The lot size deviation will not require variances for the building envelope. The variance and subdivision observe the spirit and intent of the ordinances, and will not be contrary to the safety, health, and welfare, or compromise the adjacent neighborhood. The action required depends on the outcome of the Council's discussion. If it is the intent of the Council to approve the Administrative Land Division and Variances for TRACTS A and B, a separate motion for each approval is requested. - ADPIATW APob3- ()lc PInt 2"-0 &1- ~o AIMINISTRATIVE LAN:) DIVISION APPLICM'ION FORot Property Owner: K~ ~ -I Address: I b2 9 7 ~ i C-. 1 56 AWlicant: Address : Prone: .11-7- .3qLf;2 Phone: Name of Slrveyor: Prone: 1.\4'7-2570 aaussrON RmtJIREMENl'S: A. Carpleted awlication fom and Property Identification NJrrber (PID>. B. Canplete Le:Jal description of existing and proposed parcels. C. Filing fee. D. Slrvey prepared by a registered land surveyor. E. 15 copies of the application, survey am supporting data and 1 set reduced to 11- X 17-. 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. ONLY <XJt1PLEl'E APPLIOOIONS SJALL BE Aluil'l'ID FOR RF.VIEW. To the best of ~ knowledge the infocnation presented on this fom is correct. In addition, I have read Section 6-1-3 of the Prior Lake SJbdivision Ordinance which specifies the rEqUiranent.s and procedures for Mninistrative Plats. I agree to provide infoIJDation and follow the procedures an outlined. x ~~p-~ y; ::I;;Vr~/ Applicants Signature. lI-L-f.? Date " Fee Owners Signature Date 'IBIS SDION it) BE FILLID IN BY THE PLANNIH; DIREa'OR DISPOSITION CF APPLICATION: APP~ DENIED CI'n' <XXJlOL (AppEAL) APPlOJED Doom DM'E DM'E OF HE'AR!R; a::H>ITIONS: Signature of the Planning Director Date /:, ' VA '-I.) - ,...- PIDt15-0070- 01 "'~ 0 CITY OF PRIOR LAKE APPLICATION FOR VARIANCE ~~~~ti~~9 ~~?~~1v~. 5& Property Owner: Address: Type of Ownership: Fee Contract Consultant/Contractor: Home Phone: tttt7- 3q112 Work Phone: Home Phone: Work Phone: Purchase Agreanent Phone: Present Zoning: _ sa; a:tta cl1ed fur h When: DisIX>sition: lotS. &JBMISSION RroUIREMENl'S: (A)Canpleted application fonn. (B)Filing fee. (C)Property SUrvey indicating the proposed developnent in relation to property lines and/or ordinary-higl'rwater mark; proIX>sed building elevations and drainage plan. CD)Certified from abstract - finn, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Complete legal description & Property Identification Number (PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at P-20 '-50 , showing: The site developnent plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLICATIONS SHALL BE ACCEPl'ED AND REVIEWED BY THE PLANNI~ ro!MISSION. To the best of my knowledge the infoonation presented on this fonn is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requiranents for variance procedures. I agree to provide information and follow the procedures as outlined in the Ordinance. ;t. ~ r.&~:IL T. f!I XApplicants Signatu SUl:mitted this -J-aay of !7 JU-. , 19$ Fee Owners Signature mIS SPACE IS '10 BE FILLED our BY THE PLANN:Iro DIRECroR PI.ANNIN; <:x:fo1MISSION CITY COUN:IL APPEAL APPROVED APPROlED DENIED DENIED DA.TE OF HEARIN:; DM'E OF HFARIKi o)N:lITIONS: Signature of the Planning Director Date J + I .., 6/ 1:2'Y/ 'iZ~" I 'it 0 ~?" r ~'f .......~.....- ~.~--l[ 150 .s T: 210 . ,f5T?O ~I ~ ;nl ~ ?....'32C. 0" _. . .-, n - ~. - 1"16-6-:\& <. .. ......., o I LILLYBLAD ADMINISTRATIVE PLAT SUBJECT SITE . . 13 12 II Yot.a " 0 P,-- IC ..........,s ..Ao.. '" -r- - '11" II&oS 'fOZZ.. 9 1(' 3 CONDO 1016 ~ ~ n-n- "" Po. F ltl~I~! ' ; {J:~:.; J If'''' 4 CATES "If I ... CCl ~ ~ 2 OLLY c 6 2 22B8',= 13795:: CD 'Q) o N I'- ~ N ~ If') '10 '.AKES/DE 2 GARDEN'S I _3RD 04954' Ir ..~~B -, 2~M 3 ~ 2' <Arc I J~,(. loIi 0 N , C-a L- a I'=\. ....A.... ,- 97 ~ I oJ II t! o ~ l r ( 0' . ~ ~ 13':75 s fl- . ~'.? ,~~~'2~:} 16 . - - ST. S.E. OUTL:'j A .. ,,~-.. . J n r-'"' PLEASE NOTE CHANGE IN LOT WIDTH VARIANCE FOR TRACT A. THE ACTUAL VARIANCE REQUESTED IS 2' VERSUS 27' INDICATED ON THE PUBLIC NOTICE DATED 12-03-93. SURVEY PREPJIIREO FOIl' KEN l/LLY8LAD 16287 LAKES'~ AVE S.E. PRIOR LAKE. MN. 55372 Valley Surveying CO.. P A . SUITE 12O-C. FRAN<I..IN TRAIL OfFlCE CONOOMHIUM Ml670 FRANK UN TRAIL I.e:. PRIOR LAl<E. MINNESOTA "372 TELEPHONE (6121<<7-2570 . ;---, '.l.e'i:::l:L:-.:-.L I lillIS' .......d EhnUon 9I-,.9) top nwt of tlM l\tClhnt . ."0 Pi......t ..... ~.., DwIot.ell ..1at..l.n.l crsd- .1...Uon ~ o.n.~ ~~ 'UahlMd &nde .h....UOlW Denote. 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NlnI.....to. r....uw.C' wiUl "'- "''''~ 4,-'" ,".. t _f ' t 1 "", 1', ""It 'l-.'. =,,"~. ~ ...... ..- REVISED l?UBLIC NOTICE NOTICE OF VARIANCE & ADMINISTRATIVE LAND DIVISION 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: December 20.1993 at 8:30 P.M. The Prior Lake Planning Department has received an application from Mr. and Mrs. Kenneth Lillyblad of 16287 Lakeside Avenue SE, to consider an Administrative Land Division and variance from the Subdivision Ordinance for a property located within the existing plat of Lakeside Gardens. The proposal is to subdivide Lots 12, 13, 14, 15, and 16 of Block 2, Lakeside Gardens, in order to create three larger lots, as per attached survey reduction. The purpose of this notice is to provide a correction to the previous notice mailed December 3, 1993. The previous notice incorrectly stated that variance required for TRACT A was 27'. The actual variance is 2' for TRACT A. The proposed subdivision will require two (2) lot width variances. Therefore, the City Council will consider the application on December 20, 1993, at 8:30 P.M. The specific variances that are being requested with the Administrative Land Division are: 1. TRACT A: The lot width necessary for a corner lot is 96' (20% greater than the minimum lot width of 80'). This lot's width at the 25' setback is 69', and would require a 2' variance from the corner lot width requirement of the Subdivision Ordinance. 2. TRACT B: The lot width necessary for this lot is 80' on a public road. This proposed lot is 75' wide, and would require a 5' variance from the 80' frontage on a public road requirement of the Subdivision Ordinance. 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. Written comments should be submitted to the Planning Department by December 13, 1993. For more information, contact the Prior Lake Planning Department at 447-4230. Prior Lake City Council ORIGINAL DATE MAILED: December 3, 1993 REVISION DATE MAILED: DECEMBER 13, 1993 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245 I AN EQUAL OPPORTUNITY EMPLDYER TO: FROM: RE: DATE: Planning Ralph Teschner, Finance Director Lots 12-16 Lakeside Gardens (assessment/fee review) December 9, 1993 Lots 12-16 Lakeside Gardens (PIN# 25(060190) was selVed with water and sewer utilities in 1973 under Project 72-7 and was 100% assessed for frontage and trunk acreage charges. All past applicable assessment amounts have been paid and no special assessment balance remains against the property. The tax status of the property is in a current state with no outstanding delinquencies. Since the proposed administrative land division requires no associated street improvements or storm water facilities, no storm water fee is applicable. The area fee calculation exclutks Tract C because a residential home exists on the parcel and was based upon the 22,661 sq. ft. for Tracts A & B only. A summary of the development fees to be collected upon approval of the administrative lot split is detailed as follows: Trunk Water & Sewer Charge -0- Storm Water Management Fee -0- Collector Street Fee .52 ac. @ $700.00/ac = $364.00 SPLIS.wKl' 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER I I have reviewed the attached proposed request in the following areas: ~~TER CITY' CODE V GFADING V SEWER ENVI~7r SIGNS ZONIN; FLOOD PLAIN 0)UNl'Y ROAD ACCESS PARKS mTUPAL FEATURES LEX'iAL ISSUES ELECrRIC -----LrRANsroRrATION SEl?TIC SYSTEM GM ~ sro:m WATER ASSESsmlrS BLD a:>DE v EroSION CONl'roL Ol'HER DENIAL / CONDITIOtw. APProvAL I reconmend: APPW!AL II ~~/fjj Vot~l~OJAU/~~~ ~ f~~&.J~ ~ ~. .1J ~ ~. ~~ ~ ntUJ.tWA ~~ r/o &<. ~ 1it<4r~ ~~ ~ ~4A4UJ ~ 1iJi.i4~. 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