6.5. SR 12-21-1998ity of
'Vel'
FROM:
DATE:
Item # 6.5.
MEMORANDUM
The Mayor and City Council
Stephen Wensman, Planner ~.~
December 21, 1998
SUBJECT:
Richard Bury Administrative
Subdivision, Public Hearing Case No.
AS 98-9
Request
The applicant, Richard Bury, is requesting an Administrative Subdivision to
subdivide a 26.04 acre parcel into a 7.5 acre lot and a 18.54 acre lot.
Location
General Location: SE1/4, NE1/4 of Section 4, Township 33, Range 25, Elk
River, MN
Zoning/Landuse
A1 (Agricultural Conservation) / A (Agriculture)
Attachments
· Location Map
· Existing Parcel
· Proposed Parcels
· Legal description of Parcel A
· Legal description of Parcel B
· Letter from applicant
Background
The existing parcel is mostly wooded and all but the proposed new 7.5 acre
lot lie within the Mineral Extraction Overlay District. The existing parcel is
presently divided by the City Railroad Trail. The propose new 7.5 acre lot
(Parcel A) lies west of the City Trail and is adjacent to residential properties
and farmland. The 18.54 acre parcel (Parcel B) will be sold to the gravel
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the City Council/AS 98-9
December 21, 1998
Page 2
quarry to the east. The 7.8 acre parcel south of the recent 221st Street
realignment has been combined with Richard Bury's adjacent parcel with a
lot line adjustment.
Minimum Lot Size
The A1 district requires a minimum lot size of 10 acres or a density of 4 lots
per 40 acres. The applicant selected the density option. The 26.04 acre parcel
can be subdivided into two lots, each with a minimum lot size of 2.5 acres.
The applicant is proposing just 2 lots, one 7.5 and the other 18.54. All the
lots will be legal and conforming to the Elk River Zoning Ordinance.
Access
Presently 221st Avenue and Quinn provide access to the proposed lots.
Drainage and Utility Easements
The attached Certificates of Survey presently show no drainage and utility
easements. The City requires that 10 foot drainage and utility easements be
placed along the front and rear property lines, and 5 foot along the side
property lines and be granted to the City prior to recording the
Administrative Subdivision.
Park and Recreation Commission Recommendation
Staff and the Park and Recreation Commission recommend a cash dedication
in lieu of land to satisfy the park dedication requirements for the one new lot
being created. They also recommended that any trail easement issues be
resolved prior to subdivision.
Trail Easement Issues
The City Trail crosses the applicants property with an easement (Sherburne
County Document No. 236928. The easement location appears to be
misaligned with the trail and properties north and south. The applicant has
requested the City evaluate the situation to possibly realign the easement
over the trail.
s:\planning\stevewen\ccmmo\as98-9cc.doc
Memo to the City Council/AS 98-9
December 21, 1998
Page 3
Recommendation
Staff recommends that the City Council approve the request by Richard Bury
for and an Administrative Subdivision to subdivide a 26.04 acre parcel into a
7.5 acre lot and a 18.54 acre lot with the following conditions:
THAT FIVE FOOT DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO
THE CITY ALONG THE SIDE PROPERTY LINES AND TEN ALONG THE
FRONT AND REAR PROPERTY LINES OF THE PROPOSED LOTS.
PAYMENT OF PARK DEDICATION FEE IN THE AMOUNT OF $650 FOR THE
NEW LOT BEING CREATED TO BE PAID PRIOR TO RECORDING THE
ADMINISTRATIVE SUBDIVISION.
o
PAYMENT OF SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF
$137.50 FOR THE NEW LOT BEING CREATED TO BE PAID PRIOR TO
RECORDING THE ADMINISTRATIVE SUBDIVISION.
s:\planning\stevewen\ccmmo\as98-9cc.doc
LOCATION
(A0
City of
LOCATION
River MAP
CASE:
13065 Orono Parkway-P.O. Box 490
Elk River, MN 55330
F:\AUTOCAD\PROJECTS\7743\7743S Tnu Nov 19 13:43:31 1998
EXISTING PARCEL
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..~. .0 James R. Hill,
.~, ~. :. PROPOSED~ PARCELS ,i
LEGAL DESCRIPTION FOR PARCEL A
Legal Description of Parcel for Administrative Subdivision
That part of the SEN of the SEN of Sec. 4. T33, R25, lying
West of the former Burlington Northern Railroad Right of Way
and North of 221st Avenue, Elk River, Sherburne County,
Minnesota.
LEGAL DESCRIPTION FOR PARCEL B
HOME (612) 943-2898
Pavement Consultant
P.O. BOX 258
HOPKINS, MINNESOTA 55343
OFFICE (612) 942-5904
Legal Description of Parcel for Adminstration Subdivision
That part of the SE¼ of the SE¼ of Sec 4. T 33, R 25, lying
East of the former Burlington Northern Railroad Right of Way
and North of 221 st Avenue, Elk River, Sherburne County, Minnesota
HOME (612) 943-2898
Pavement Consultant
P.O. BOX 258
HOPKINS, MINNESOTA 55343
OFFICE (612) 942-5904
November 17, 1998
Planning Department
City of Elk River
13065 Orono Parkway
Elk River, Minn 55330
Att. Scott Hollecker
Please include a copy of this letter of explanation with
the request I made for the division of the 34+/- Acre parcel
I own in your city.
The realignment three years ago of 221st Ave No. west of
U.S. 169 cut through this parcel basically dividing it into
three distinct pieces, a 7½ acre lot lying north of 221st Ave,
west of the BN Trail and east of Quinn Street, an 18½ acre parcel
lying east of the BN Trail and north of 221 st Ave, and about
eight acres located south of 221st Ave connected to the 60 acres
and the 53 acres I own also.
My request is for a variance application for the 7½ acre parcel
between Quinn Street and the BN Trail because this land is alone
by itself and is surrounded on three sides by roads and trails
thus restricting its use to one lot at this time.
The 18½ acre parcel has been sold to its adjacent property
owner and will be connected to his property in the near future.
The 8 acres south of the road also stands alone so I request it to
be connected to either one or both of the properties I own south
of it. Thus the overall density for the 34 Acres into 3 parcels
is equal to 11 1/3 acres per parcel.
Please refer to the survey I've included with this letter.
Should you have any questions please feel free to give me a call.
RBB;rb enclosures
S i/~~"~'e ely your s~~. ~/~~~
Richard B. Bury P.E.