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10.2. SR 07-03-2017 EOty1� ,.,�� Request for Action River To Item Number Mayor and City Council 10.2 Agenda Section Meeting Date Prepared by Work Session July 3, 2017 BrieAnna Simon, Planner Item Description Reviewed by Extension of 190th Avenue NW Zack Carlton,Planning Manager Reviewed by Cal Portner, City Administrator Action Requested Receive information and provide direction regarding the and construction of 190th Avenue NW Background/Discussion A building permit for 13349 190th Ave NW was applied for by Justen Hemmelgarn. In reviewing the building permit, staff identified some issues concerning access along 190th Avenue. Today, the cul-de-sac for 190th Avenue ends before the property seeking a building permit. The city has right-of-way in front of this property,but does not have an improved road. Staff researched the area, and found an administrative subdivision from late 1989,granted at the request of Tim Smith,with the following conditions: 1) That any future development of Lot D (13349 1901'Ave NW) will require improvement to 190th Avenue NW. Based on condition one of the subdivision exemption approved 1989, staff recommends construction of a full roadway to the end of the platted right-of-way for 190th Ave NW. Additionally, due the lot combination recording processes at Sherburne County, the parcel to the north of Lot D was constructed in 1998 without frontage on a public street. The owners of both parcels are working together to remedy this issue. The proposed road would serve both lots, and the development on 13349 190th Ave requires construction of a roadway as outlined in the subdivision exemption. Mr. Hemmelgarn has requested a driveway access agreement (license agreement) be drafted and approved by the City Council permitting construction of a driveway within city right-of-way to serve the two parcels rather than constructing a roadway. The applicant has stated they will draft the documentation (agreement) and maintain the driveway to a standard which would support emergency vehicles from the end of the current 190th Avenue cul-de-sac. Staff and the city attorney have reviewed the request and have concerns for safety and emergency vehicle access, knowing where and how to access these parcels without a fully constructed roadway. Staff also has concerns about driveway maintenance if/when property owners change hands. POWERED 6T A IR Financial Impact None Attachments ■ Driveway Access Agreement Request ■ 1989 Subdivision Exemption ■ Parcel Exhibits ■ Proposed Simple Plat of Island View Sixth Addition N:APublic Bodies\Agenda Packets\07-03-2017\Final\x10.2 sr 190th Ave.docx From: Tim Smith Sent: Friday, June 1b, 2U17 11:23 AM To: 'bsimon@elkriver.gov' Cc: Justin Hemmelgarn Leezza Subject: 13349 Property access To the City of Elk River, We are looking to construct a house on PID#75-129-3115 (13349 190th Ave NW)with frontage/access for both PID#75-482-0105 (13329 190th Ave NW-Tim Smith) and PID#75-129-3115 (13349 190th Ave NW-Justen Hemmelgarn).We are asking to allow access to both properties with an extended driveway without constructing a full roadway. We will create at our expense, a legal document to be recorded to the property title, that would release the City from any maintenance/upkeep. We would take care of this (driveway)with no help from the City. This driveway will at all times be kept free of debris, snow, etc. as to allow safety vehicles free &clear access. Sincerely, Justen Hemmelgarn 13349 190th Ave NW Tim Smith 13329 190th Ave NW STATE OF MINNESOTA COUNTY OF SHERBURdE CITY OF ELK RIVER In the Matter of Tim Smith Z35223 CITY OF ELK RIVER CITY COUNCIL ADMINISTRATIVE SUBUIVIS1ON PROCEEDINGS REQUEST: To subdivide one parcel of land into four parcels Tim Smith ORDER OF ADMINISTRATIVE SUBDIVISION OR )MW&W V XXDW=J3W=M) Ntvmaycxx ,Owner The above entitled matter came on to.be heard before the Elk River City Cour Ll an the 16 day of October , 19 89 , on a petition for an A4ministrat'.ve Subdivision pursuant to the City of Elk River City Code, for the following described Property: See attached legal descriptions. IT IS ORDERED that an Administrative Subdivision t=dj be granted as upon the following conditions or reasons: 1.)That any future development of Lot D will require improvement to 190th Avenue lei. 2.)That the applicant shall provide the City with a perc test for Lot C and that Lot C shall have a location for a building site and on site sewage system. 3.)That the applicant must receive approval from the County for all proposed driveways onto County Rd. 35. G.)That the outhouse and shed be moved to meet required setbacks. 5.)That an additional 17 ft. of road easement along County Rd. 35 be provided. DATED this 1 day of December , 19 $9 STATE OF MINNESOTA ) COUNTY OF SHERBURNE) } CITY OF ELK RIVER ) tephen Roillf, Buildi b Zoning Administrator OFFICE OF CITY COUNCIL CITY OF ELK RIVER 1, Stephen Roblf , Building and Zoning Administrator for the City of Elk River with and In for said City, do hereby certify that I have compared the fore- going copy and Order (granting) 6dmX ,r4W an Administrative Subdivision with the ori- ginal record thereof preserved in goy office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY NIIEREOF, I have hereunto subscribed my hand at Elk Riper, Minnesota, in the County Sherburne, in the City of Elk River, on the 1 day ofDecembex I9. DRAFTED BY: City of Elk River Signed before me a Notary Public "� Elk River, Minnesota 55330 thisl 7` day of 23.5223 c 'C IiY ;.i CORDER FRV J.. ,E Cii., M.N N. Pb VLi SON BYaEPUTY DEC SANDRAA TiiAf:KERAY NOTMY 2uc. sera C*--ouFiTY K' Wmn�.q tyyw� Wrl - Certiiicat T. S. 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I �ykw I za- I ,"a=w I a= a CS I I aF 190th Ave Roadway Extension Background Building permit for 13349 190th Ave NW During review process staff identified a requirement to improve 190th Ave when 13349 was developed Right-of-way dedicated with plat of Island View 2nd Improved road stops at western property line for 13349 190th Ave NW Recording Doc. 235223 - 1989 Administrative Subd. Created 4 lots “Any future development of Lot D will require improvement to 190th Ave NW 1998 Subdivision Exemption – combined and split off 75-482-0105 1998 Subdivision Exemption – combined and split off 75-482-0105 2011 Subd. Exemption – attempted to create blue lot. 2011 Subd. Exemption – attempted to create blue lot. 2011 Subd. Exemption – attempted to create blue lot. Request 13349 190th Ave is buildable, but extension of 190th Ave NW is required per 1989 subdivision Construction of home is development Based on recent projects, 550 feet of road is estimated at $50,000 Draft license agreement to allow private driveway servicing two lots within city right-of-way 2011 Subd. Exemption – attempted to create blue lot.