7.4. SR 07-17-2017Request for Action
To Item Number
Mayor and City Council 7.4
Agenda Section Meeting Date Prepared by
July 17, 2017 Chris Leeseberg, Senior Planner
Public Hearings
Item Description Reviewed by
Simple Plat: Island View Sixth Addition Zack Carlton, Planning Manager
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution granting Final Plat of Island View Sixth Addition.
Background/Discussion
Case No. P 17-10
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The property is zoned R1-b (residential) and located east of Joplin Avenue and north of the 190 right-
of-way. The minimum lot size for this district is one acre with 160 feet of frontage on a public street.
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The two proposed lots meet this requirement. There is undeveloped right-of-way (190 Circle) along the
southern edge of the proposed plat.
Due to the lot combination recording processes at Sherburne County, the parcel (75-129-3115) was
constructed in 1998 without frontage on a public street. The owners of both parcels are working together
to remedy this issue by proposing a plat which adjusts a property line between the platted lot (75-482-
0105) and un-platted lot (75-129-3115).
Analysis
Comprehensive Plan
The property has a Residential Land Use. Rural residential uses are guided to be developed as residential
use in areas outside of the Urban Service Area that are not currently served by municipal sewer and
water. The predominant land use in this area is single family detached homes. Forms of detached single
family units can be built in “cluster subdivision.” Cluster subdivisions are development patterns that
place housing closer together in order to preserve greater areas of undeveloped land and to minimize the
number of individual on-site septic systems.
Addressing
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Three parcels, two in the proposed plat and one outside, located along what will be 190 Circle have an
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address of 190 Avenue. The city’s addressing requirements are cul-de-sac streets running east or north
shall be denoted as “Circle” and those running west or south shall be denoted as “Court.”
The city’s addressing committee is reviewing this and will contact the three property owners if the city
will be changing their addresses to reflect the proper street name.
Applicable Regulation
Approval of a plat may only be ordered if the following findings have been made, as outlined in Section
30-375:
1. The proposed subdivision is consistent with the zoning regulations (article VI of this chapter) and conforms in all
respects with all requirements of this Code, including the zoning regulations and this article.
The property is zoned R1-b (residential) and the proposed subdivision is consistent with the zoning
regulations outlined in the city code and approved plans.
2. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans,
including, but not limited to, the city's comprehensive development plan.
The proposed subdivision does not conflict with any city, county, or regional plans, including the
Comprehensive Plan.
3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion
and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses
contemplated.
The site is suitable for the existing and proposed residential structures.
4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion
control and all other services, facilities and improvements otherwise required in this article.
The subdivision has adequate provision for all required facilities.
5. The proposed subdivision will not cause substantial environmental damage.
One single residential structure is being proposed on the new 1.27 acre buildable lot. This will not
cause substantial environmental damage.
6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court.
The proposal will not will not conflict with easements of record or with easements established by
judgment of a court.
7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land.
The proposed subdivision will be executed to improve the development potential of neighboring land
and will not have an undue and adverse impact.
8. The proposed subdivision is not premature. A subdivision is premature if any of the following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support systems.
All of the above services or improvements will be connected or constructed as part of the
development.
If denial of the plat should occur, it shall accompany recommendations or determinations by findings or
a report stating how the proposed use does not comply with the standards set forth in Section 30-375.
N:\\Public Bodies\\Agenda Packets\\07-17-2017\\Final\\7.4 sr.docx
Financial Impact
None
Statutory Review Period
Per State Statute, the required 120-day review period for a plat ends on October 14, 2017.
Attachments
Location Map
Existing Conditions and Proposed Lot Layout
Final Plat
Resolution
N:\\Public Bodies\\Agenda Packets\\07-17-2017\\Final\\7.4 sr.docx
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VICINITY MAP
SECTION 29, T 33, R. 26, SHERBURNE COUNTY, MN
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❑ 1000 2000 3000
GRAPHIC SCALE IN FEET
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_ _ _
Parcel ID 75-129-3115
(Owners Timothy A. Smith and Michelle M. Smith)
That part of the North Half of the Southeast Quarter of
the Southwest Quarter, and that part of the North Half
of the Southwest Quarter, lying South of the centerline
EXISTING CONDITIONS
to v
Township 33, Range 26, Sherburne County, Minnesota
described as follows: Commencing at the Southwest
AND PROPOSED LOT LAYOUT
comer of the East 450 feet of said North Half of the
Southeast Quarter of the Southwest Quarter; thence North
1 degree 31 minutes 58 seconds East, assumed bearing,
FOR THE PROPOSED PLAT OF
Half of Southeast Quarter of Southwest Quarter a
ISLAND VIEW SIXTH ADDITION
distance of 525.43 feet; thence Southwesterly deflecting
121 degrees 28 minutes 54 seconds left, bearing South
60 degrees 03 minutes 04 seconds West, a distance of
490.19 feet to the actual point of beginning; thence on
LOCATED IN THE CITY OF ELK RIVER
a bearing of West, a distance of 216.93 feet; thence
1
SHERBURNE COUNTY, MN
distance of 287.70 feet to the Northeast corner of Lot
3, Block 1, Island View Second Addition, a duly recorded
plot; thence Easterly along the South line of said North
Half of the Southeast Quarter of the Southwest Quarter
and the North line of said Island View Second Addition to
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the Northeast corner of Lot 1, Block 1, Island View
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Second Addition; thence North 17 degrees 57 minutes 51
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seconds West, a distance of 298.02 feet to the point of
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Parcel ID 75-482-0105
i `--NORTH QUARTER CORNER OF SECTION 29, T. 33, R. 26
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Lots 1, 2, 3, and 4, Block 1, ISLAND VIEW SECOND
IN WATER - POSITION IS SHOWN ACCORDING TO
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SHERBURNE COUNTY SURVEYOR'S OFFICE COORDINATES
EXISTING ZONING (Proposed12lat and adjoining ❑roperties):
OF A 2-1/2" IRON PIPE AS SHOWN ON CERTIFICATE OF
R1b Single Family Residential
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ID 75-129-3170
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PROPERTY ID 75-506-0260 -- - - ' 1/4 OF THE SOU TN WEST I/4 AND THE SOiJTIi LINE f r' , .DA f . NORTHEAST CORNER
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�`-WEST LINE OF THE S 1/2 OF ELK RIVER MN 55330 'r �' �'•
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OF SECTION 29, 7 33, R. 26
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SOUTHWEST CORNER OF THE EAST -----, I
450.00 FEET OF THE NORTH 1/2 OF THE '► I I
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 '� 1
---
N 88'06'02" E
❑ 40 80 120
GRAPHIC SCALE IN FEET
o DENOTES IRON MONUMENT SET
• DENOTES IRON MONUMENT FOUND
(9 DENOTES CAST—IRON MONUMENT FOUND
NOTES:
1. Existing ground contours are shown according to
LiDAR data obtained online from the Minnesota
Department of Natural Resources at:
h ttp://arcg is. do r. state. mn. us/maps/mntopo/
2. Matters of record are shown only according to last
recorded deeds obtained from County Recorder's
office. Easements or encumbrances may exist
which are not shown hereon.
PROPERTY DESCRIPTIONS
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—WITNESS CORNER (SHERBURNE
COUNTY CAST-IRON MONUMENT
PER CERTIFICATE OF LOCATION
OF GOVERNMENT CORNER
RECORDED AS DOC. NO. 153000)
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'-SOUTH QUARTER CORNER OF SECTION 29,
T. 33, R. 26 ACCORDING TO SHERBURNE
COUNTY SURVEYOR'S OFFICE COORDINATES
i hereby certify that this survey, plan, or
report was prepared by me or udder my
direct supervision and that I am a Licensed
Land Surveyor under the laws of the State
of Minnesota.
Date
06 26 17
Trace C. McCoy
License No. 44531
Parcel ID 75-129-3115
(Owners Timothy A. Smith and Michelle M. Smith)
That part of the North Half of the Southeast Quarter of
the Southwest Quarter, and that part of the North Half
of the Southwest Quarter, lying South of the centerline
of Sherburne County Highway Number 35, in Section 29,
to v
Township 33, Range 26, Sherburne County, Minnesota
described as follows: Commencing at the Southwest
comer of the East 450 feet of said North Half of the
Southeast Quarter of the Southwest Quarter; thence North
1 degree 31 minutes 58 seconds East, assumed bearing,
along the West line of the East 450 feet of said North
Half of Southeast Quarter of Southwest Quarter a
distance of 525.43 feet; thence Southwesterly deflecting
121 degrees 28 minutes 54 seconds left, bearing South
60 degrees 03 minutes 04 seconds West, a distance of
490.19 feet to the actual point of beginning; thence on
a bearing of West, a distance of 216.93 feet; thence
South 5 degrees 45 minutes 33 seconds East, a
distance of 287.70 feet to the Northeast corner of Lot
3, Block 1, Island View Second Addition, a duly recorded
plot; thence Easterly along the South line of said North
Half of the Southeast Quarter of the Southwest Quarter
and the North line of said Island View Second Addition to
the Northeast corner of Lot 1, Block 1, Island View
Second Addition; thence North 17 degrees 57 minutes 51
seconds West, a distance of 298.02 feet to the point of
beginning.
Parcel ID 75-482-0105
(Owners Justen P. Hemmelgarn and Leeza Hemn+elgarn)
Lots 1, 2, 3, and 4, Block 1, ISLAND VIEW SECOND
ADDITION, Sherburne County, Minnesota.
EXISTING ZONING (Proposed12lat and adjoining ❑roperties):
R1b Single Family Residential
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—WITNESS CORNER (SHERBURNE
COUNTY CAST-IRON MONUMENT
PER CERTIFICATE OF LOCATION
OF GOVERNMENT CORNER
RECORDED AS DOC. NO. 153000)
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'-SOUTH QUARTER CORNER OF SECTION 29,
T. 33, R. 26 ACCORDING TO SHERBURNE
COUNTY SURVEYOR'S OFFICE COORDINATES
i hereby certify that this survey, plan, or
report was prepared by me or udder my
direct supervision and that I am a Licensed
Land Surveyor under the laws of the State
of Minnesota.
Date
06 26 17
Trace C. McCoy
License No. 44531
ISLAND VIEW SIXTH
KNOW ALL PERSONS BY THESE PRESENTS: That Timothy A. Smith and Michelle M. Smith, husband and wife, fee owners of the following
described property situated in the County of Sherburne, State of Minnesota, to wit:
That part of the North Half of the Southeast Quarter of the Southwest Quarter, and that part of the North Half of the Southwest Quarter,
lying South of the centerline of Sherburne County Highway Number 35, in Section 29, Township 33, Range 26, Sherburne County, Minnesota
described as follows: Commencing at the Southwest comer of the East 450 feet of said North Half of the Southeast Quarter of the
Southwest Quarter; thence North 1 degree 31 minutes 58 seconds East, assumed bearing, along the West line of the East 450 feet of said
North Half of Southeast Quarter of Southwest Quarter a distance of 525.43 feet; thence Southwesterly deflecting 121 degrees 28 minutes
54 seconds left, bearing South 60 degrees 03 minutes 04 seconds West, a distance of 490.19 feet to the actual point of beginning;
thence on a bearing of West, a distance of 216.93 feet; thence South 5 degrees 45 minutes 33 seconds East, a distance of 287.70 feet
to the Northeast corner of Lot 3, Block 1, Island View Second Addition, a duly recorded plat; thence Easterly along the South line of said
North Half of the Southeast Quarter of the Southwest Quarter and the North line of said Island View Second Addition to the Northeast
corner of Lot 1, Block 1, Island View Second Addition; thence North 17 degrees 57 minutes 51 seconds West, a distance of 298.02 feet to
the point of beginning.
and and Justen P. Hemmelgarn and Leeza Hemmelgarn, husband and wife, fee owners of the following described property situated in the
County of Sherburne, State of Minnesota, to wit:
Lots 1, 2, 3, and 4, Block 1, ISLAND VIEW SECOND ADDITION, Sherburne County, Minnesota.
Have caused the some to be surveyed and platted as ISLAND VIEW SIXTH ADDITION and do hereby dedicate to the public for public use forever
the easements shown as shown on this plat for drainage and utility purposes only
In witness whereof said Timothy A. Smith and Michelle M. Smith have hereunto set our hands this day of 20
Timothy A. Smith Michelle M. Smith
State of Minnesota
County of
This instrument was acknowledged before me this day of , 20 , by Timothy A. Smith and Michelle M. Smith.
ignature
Name Printed
Notary Public,County, Minnesotc
My Commission Expires
In witness whereof said Justen P. Hemmelgarn and Leeza Hemmelgarn have hereunto set our hands this
20
usten
State of Minnesota
County of
emmeigarn
eza hemmeigarn
day of ,
ADDITION
Approved and accepted by the City Council of the City of Elk River, Sherburne County, Minnesota, at a meeting held this
20
Mayor
Attest:
Clerk
day of
I hereby certify that proper evidence of title has been presented to and examined by me, and I hereby approve this plat as to form and
execution this
Iver city ,attorney
day of , 20
Pursuant to Sherburne County Ordinance Number 006, 1 hereby certify that this plat has been checked and approved as to compliance with
Chapter 505, Minnesota Statutes this
Sherburne County Surveyor
day of , 20
I hereby certify taxes payable in the year on lands herein described are paid in full, and there are no delinquent taxes, and that transfer
This instrument was acknowledged before me this day of 20 by Justen P. Hemmelgarn and Leeza Hemmelgarn.
was entered this day of 20
Signature
Name Printed
Notary Public,County, Minnesota
My Commission Expires
I hereby certify that I have surveyed and platted the land, or directly supervised the surveying and platting of the land described on the
plat as ISLAND VIEW SIXTH ADDITION; that this plat is a correct representation of the boundary survey; that all mathematical data and labels
are correctly designated on this plat; that all monuments depicted on this plat have been correctly set as of the date of this certification,
all wet lands and water boundaries and all public ways are shown and labeled as defined in Minnesota Statutes 505.01, Subd. 3.
Trace C. McCoy, Licensed Land Surveyor
Minnesota License No. 44531
State of Minnesota
County of Wright
Sherburne County Auditor Treasurer
I hereby certify that this instrument was filed in the office of the County Recorder for record on this
at o'clock
M., and was duly recorded as Document No.
Sherburne County Recorder
The foregoing Surveyor's Certificate was acknowledged before me this day of 20 by Trace C. McCoy, Land
Surveyor, Minnesota License No. 44531.
06Z26Z 17 w PRELIMINARY
nature
ome rrinte
Notary Public,County, Minnesota
My Commission Expires
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SAND SEMV FaEa
(FOR CITY SUBMITTAL)
day of , 20
N:\Land Projects\17209 - Tim Smith plat\dwg\Plat\17209 Plat Sheet l.dwg, 6/26/2017 1:58:46 PM SHEET 'I OF 2 SHEETS
VICINITY MAP
SECTION 29, T. 33, R. 26, SHERBURNE COUNTY, MN
ORONO
0 1000 2000 3000
GRAPHIC SCALE IN FEET
1 INCH = 1000 FEET
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GRAPHIC SCALE IN FEET
1 INCH = 40 FEET
• DENOTES IRON MONUMENT FOUND
O DENOTES 112" I.D. X 14" IRON
PIPE SFT WITH A PLASTIC CAP
MARKED L.S. NO. 44531
Q DENOTES CAST—IRON MONUMENT FOUND
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(FOR CITY SUBMITTAL)
(N 90-00'00" W DEED)
S 88'037'11" W
--- 216.93 ---
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FOR THE PURPOSES OF THIS PLA T, THE EAST LINE
OF THE SOUTHWEST QUARTER, SECTION 29, T. 33, /
R. 26 IS ASSUMED TO BEAR NORTH 00'09'09" EAST.
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(IN WATER - POSI77ON IS SHOWN ACCORDING TO
SHERBURNE COUNTY SURVEYOR'S OFFICE COORDINATES
OF A 2-1/2" IRON PIPE AS SHOWN ON CERTIFICATE OF
LOCATION, INDEX NO. SHERB. CO. 32/20)
AINAGE AND
UTILITY EASEMENT S10.
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5y •-- I r 450.00 FEET OF THE NORTH 1/2
uTTLITY EASEMENT
,--NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHEAST r� �� f NORTHEAST CORNER OF - I i OF THE SOUTHEAST 1/4 OF THE 1
1 4 OF THE SOUTHWEST" 1 4 AND THE SOUTH LINE `
--NORTHEAST CORNER OF � . r I I � SOUTHWEST ]/4
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OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE + ► LOT 3, BLOCK 1, ISLAND � / � LOT ], BLOCK i, ISLAND y ►► ► I , �
SOUTHWEST ]/4 OF SECTION 29, T. 33, R. 26 ►
VIEW SECOND ADDITION ► VIEW SECOND ADDITION ' y —
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Resolution 17-____
A Resolution of the City of Elk River Granting Final Plat Approval for Island
View Sixth, Case No. P 17-10
WHEREAS, application has been made for final plat approval, pursuant to Section 30-374
of the Elk River City Code of Ordinances, of the property legally described on attached
Exhibit A and hereinafter referred to as “the Property”; and
WHEREAS, the proposed final plat complies with each of the conditions set forth by the
City Council in its approval of the plat of the Property.
NOW, THEREFORE, BE IT RESOLVED
1. It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed subdivision is consistent with the Chapter of 30 of the City
Code of Ordinances and conforms with all of its requirements.
B. The proposed subdivision is consistent with all applicable general and
specialized city, county, and regional plans including, but not limited to, the
City’s Comprehensive Plan.
C. The physical characteristics of the site, including, but not limited to,
topography, soils, vegetation, susceptibility to erosion and siltation,
susceptibility to flooding, and drainage are suitable for the type and density
of development and uses contemplated.
D. The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage transportation, erosion control and all other services,
facilities and improvements otherwise required herein.
E. The proposed subdivision will not cause substantial environmental
damage.
F. The proposed subdivision will not conflict with easements of record or with
easements established by judgment of a court.
G. The proposed subdivision will not have an undue or adverse impact on the
reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property.
3. The officers of the City are hereby authorized, once the conditions set forth in
Exhibit B are met and complied with, to sign the final plat for the Property and to
issue a certified copy of this Resolution giving final approval of the plat.
4. The owner of the Property is authorized to record the final plat as required by law
and shall file proof of said recording with the City. No building permits will be
issued for the Property until the final plat is recorded.
5. This final plat approval shall expire two years from the date of this resolution if the
final plat is not recorded within that time.
th
Passed and adopted this 17 day of July, 2017.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
EXHIBIT A
LEGAL DESCRIPTION