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HomeMy WebLinkAbout5K - Boeck Property - 2490 Spring Lake Road MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT JULY 16 2007 5K JANE KANSIER, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR THE SUBDIVISION OF PROPERTY LOCATED AT 2490 SPRING LAKE ROAD SW (BOECK 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 2,973 square feet of land from the Spring Lake Regional Park to Michelle Boeck, the owner of the property at 2490 Spring Lake Road SW. The unplatted parcel will be combined with the existing Boeck parcel. This conveyance is part of the of the CSAH 12 property. History Michelle Boeck currently owns a 6,480 square foot lot located at 2490 Spring Lake Road SW. Scott County is acquiring a portion of this parcel for the CSAH 12 project. In exchange, Scott County is conveying 2,973 square feet of the Spring Lake Regional Park parcel to Michelle Boeck. Current Circumstances The property at 2490 Spring Lake Road SW is currently a nonconforming lot of record. There is a single family home, without a garage, located on this property. The additional parcel will provide room for a detached garage. 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 Conveyance 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 Exceptions. 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. 1006.106 Council Resolution WaivinQ Requirements. 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 ,(--'\ ;-, www.cityofpriorlake.com \:lp~6h~ 952.1~i47.9$6611! Pb~{95Z:44'7~42'45'!" . 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 complete this conveyance. The conveyance does not result in any additional buildable lots. The Subdivision Ordinance does not generally permit a subdivision that combines an unplatted parcel with a platted parcel. This case is unique, however, in that the County Auditor will be doing an Auditor's Plat over this parcel, and the parcels to the east, as permitted by Minnesota Statutes 272.19. An Auditor's Plat is a means to plat irregularly shaped lots. The plat is done by the County rather than the individual property owner. The Auditor's Plat will serve the same purpose as a standard subdivision plat to combine these parcels. The County has committed to completing the Auditor's Plat by August 7,2007. The proposed subdivision facilitates the construction of the CSAH 12 project. There will be no further subdivision or development of these parcels. The staff recommends approval of waiving the platting requirements subject to the following conditions: 1. The two parcels must be combined through the Auditor's Plat process, due to be complete by August 7,2007. FINANCIAL IMPACT: There is no budget impact as a result of this proposal. ALTERNATIVES: 1. Adopt a resolution waiving the platting requirements as requested. 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 as requested subject to the listed conditions. 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 07 -xx A RESOLUTION WAIVING THE PLATTING REQUIREMENTS AND ALLOWING THE SUBDIVISION OF PROPERTY LOCATED AT 2490 SPRING LAKE ROAD SW (BOECK PROPERTY) Motion By: Second By: WHEREAS, Michelle Boeck is the owner of property located at 2490 Spring Lake Road SW; and WHEREAS, Scott County is the owner of adjacent property commonly known as Spring Lake Regional Park; and WHEREAS, Scott County desires to convey 2,973 square feet of Spring Lake Regional Park to Michelle Boeck in exchange for a portion of her property at 2490 Spring Lake Road SW, to be used for the CSAH 12 project; and WHEREAS, The property owners have asked the City Council to waive the platting requirements for this property to allow a the conveyance of 2,973 square feet of the Spring Lake Regional Park property to be conveyed to Michelle Boeck; and WHEREAS, The 2,973 square feet will be combined with the existing parcel at 2490 Spring Lake Road SW; 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 two parcels must be combined through the Auditor's Plat process, due to be complete by August 7,2007. PASSED AND ADOPTED THIS 16TH DAY OF JULY, 2007. f()llNC: '~~dtyx!lfrcmidrl.ad<e. com Phone 952.447.9800 / Fax 952.447.4245 YES NO Hauaen Hauaen Hedbera Hedbera Erickson Erickson leMair leMair Millar Millar Frank Boyles, City Manager L:\07 FILES\07 SUBDIVISIONS\07 METES & BOUNDS\Boeck\resolution.DOC SPRING LAKE PARK / BUTTERNUT BEACH --- Winter Delineation of Wetland per WSB & Associates, Inc. ~. _.-- / .---. ~.- ---- 6xB HOUSE 1.3 20 HOUSE 18 19 5 FT. Drainage & Utility Easement 12.3 r SCALE 15 30 , I ( IN FEET) L 5 x J{ LEGEND PARCEL SPLIT FROM COUNTY PROPERTY PARCEL SPLIT FROM BOECK PROPERTY BOECK PROPERTY EXISITING RIGHT OF WAY Exhibit C The property owner and the County have consummated a land exchange by the enclosed copy of an agreement entitled "Land Exchange and Conveyance Agreement," which the property owner has conveyed from part of her property new right-of-way in fee for in exchange the County has conveyed from part of its property strips of land in fee. The strips ofland abut the property owner's remaining property. The right-of-way in fee abuts the County" s existing right-of-way for County Highway No. 12. The property owner has advised of her tentative plans to survey, submit plans by an application to the City and obtain financing for the construction of a garage. She assesses that her plans needs the approval of the assemblage of her remaining property and said strips of land by waiver of the platting requirements to pursue her plans. In addition, the County plans to reconstruct a temporary curve for County Highway No. 12 on the new right-of-way fee to design standards this construction season. The County has advertised a county highway project, which includes this reconstruction, and expects that the reconstruction of the curve to design standards will be done yet this construction season. Scott County plans to file an Auditor's Plat, which will include the property owners remaining property and the property conveyed to her by land exchange. The County plans that an Auditor's Plat will include other properties of up to thirteen (13) properties. A boundary survey for the future Spring Lake Regional Park on County property has found private structures, improvements and private use encroaching onto County property. The County"s process for addressing the encroachments is incomplete. The County is proceeding with a statutory process by sealed bids 35-foot wide strips ofland in fee. Thereafter, the County plans to proceed diligently to file an Auditor's Plat. In the interim, the above parties are seeking approval of a waiver of the platting requirements so that the parties may proceed with their respective plans to construct a garage and to reconstruct a temporary curve on County Highway No. 12. .. ~ ......~\. l~~~'" " Scott SCOTT COUNTY TAXATION DEPARTMENT GOVERNMENT CENTER' 200 FOURTH AVENUE WEST' SHAKOPEE, MN 55379-1220 (952) 496-8115 . Fax: (952) 496-8135 . www.co.scott.mn.u5 CYNTHIA GElS, COUNTY AUDITOR @~@~IJW~@ Ii r, I <\ !UU JUL · - 2007 ~ IBY July 3, 2007 City of Prior Lake Attn: Jane Kansier 4646 Dakota St SE Prior Lake, MN 55372 Re: Butternut Beach Owners Dear Ms. Kansier: This letter is in response to you regarding information and processes by which Scott County will be conducting the private auction of properties that abut the existing lots 18-34 located within the plat of Butternut Beach. Outlined within this letter is the timeframe and process by which the sale, transfer and replat of the properties identified in the above paragraph. 2. Closings: Sale date: August 3, 2007 Time: 9:00 am Location: Scott County Gov't Center, Room: GC 102 (certified mailings sent July 3,2007) August 3rd & August 6th, 2007 1. Private auction: 3. Final Document recording: August 7th, 2007 4. Final Auditors Subdivision Plat recording: August 7th, 2007 Currently, Jim Hentges, Scott County Surveyor, is preparing the Auditor's subdivision. Scott County will prepare the Auditors Subdivision by creating tracts for each existing parcel description within the plat of Butternut Beach, and a separate tract for each 35" strip lying northerly and adjacent to each of the existing parcels. Upon conveyance of each 35' strip to an acceptable bidder, Scott County will immediately file an Auditor's Subdivision over lots 18-34 of Butternut Beach plat, as well as parcels 1-14 of the enclosed map. The combination of the two will be renumbered into the new plat and all properties carried in common ownership will have one parcel number, with two tracts, on an ongoing basis. As well, in preparation of the immediate closings following the sale, Scott County will have documents prepared that will allow for an expedited closing. We are requiring the entire purchase price, along with all fees, to be paid to the County by no later than 4:30 pm on Monday, August 6, 2007. An Equal Opportunity/Safety Aware Employer o Prill/cd 011 r('cycled puper ('(IJlfO;'lillg 3()(;{, pO.";' CO!/."illn1lT content 23111 A copy of the letter that was sent to each individual property owner has been included for information for the City. We welcome the City of Prior Lake to be present at the public auction if you wish. If you have any questions regarding the time tables, the processes, or the overall procedure, please feel free to contact me at (952) 496-8167. Sincerely, ~MJL Cynthia M. Geis Scott County Audtior Ene.