6.7. SR 07-19-1999
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ITEM #6.7.
MEMORANDUM
River TO:
FROM:
Mayor & City Council
Michele MCPherso~tor of Planning
DATE:
July 14, 1999
SUBJECT:
Case Number: AS 99-2
Request by Sharon and Doug Waletzko to
Create Two Parcels
Reauest
The Waletzkos request that an Administrative Subdivision be approved to create two
parcels, each approximately 2.3 acres.
Location
19668 Ulysses Street
.
Zoning/Land Use
R1a (Single Family Residential)/LR (Low Density Residential)
Attachments
. Zoning Map
. Certificate of Survey
. February 23, 1987 City Council Minutes
History
In 1987, the City Council approved a variance and Administrative Subdivision for the
subject property. The subdivision was not recorded within the allotted timeframe for
recording. The Waletzkos in effect are requesting re-approval for their previous
approval.
Analvsis
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The property conditions have not changed since the 1987 approval. The property is 4.6
acres and is surrounded on three sides by streets (Ulysses, 197th) or public right of
way. Property to the south is developed, so there is no opportunity to acquire the
additional .4 acres.
13065 Orono Parkway. P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
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Memo to City CounciVAS 99-2
July 19, 1999
Page 2
The Waletzkos propose to spit the property into two equal parcels, each 2.3 acres in
area. A dwelling exists on the parcel labelled "A" on the certificate of survey. The
subject property is just outside of the Urban Service Area.
In 1987, the City Council found the following reasons for granting the variance:
1. There is no other land available to purchase to add to the property;
2. There is no other way to split the land in order to make it useable for two lots;
3. The new lot would be larger than other lotes in the area;
4. Denying the variance would deprive the applicants of the proper use of the land; an
5. The hardship was not caused by the applicants.
Park dedication ($1300) and surface water management impact fees ($70.89) will be
required to be paid.
A five foot drainage and utility easement should be granted on either side of the
proposed lot line for stormwater purposes.
City Council Recommendation
Staff recommends that the City approve the request, AS 99-2, to create two 2.3 acre
lots, with the following findings of fact:
1. THERE IS NO OTHER LAND AVAILABLE TO PURCHASE TO ADD TO THE
PROPERTY;
2. THERE IS NO OTHER WAY TO SPLIT THE LAND IN ORDER TO MAKE IT
USEABLE FOR TWO LOTS;
3. THE NEW LOT WOULD BE LARGER THAN OTHER LOTES IN THE AREA;
4. DENYING THE VARIANCE WOULD DEPRIVE THE APPLICANTS OF THE
PROPER USE OF THE LAND; AN
5. THE HARDSHIP WAS NOT CAUSED BY THE APPLICANTS.
and the following conditions:
1. PAYMENT OF PARK DEDICATION AND SURFACE WATER IMPACT FEES.
2. GRANTING OF A FIVE FOOT DRAINAGE AND UTILITY EASEMENT ON EITHER
SIDE OF THE PROPOSED LOT LINE.
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CASE:AS 99-2
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LAND ;"-;,sURVEYOR'S,' ....
ELK RIVER, MINNESOTA
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:CERTIFICATE-OF 'SURVEY'~' FOR:
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j Mr.. & M.rs. [)~~glas' Walet~~Q.
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Jf>el//~ed ~/17 /87 It) Show 11?;p//111 tJl' /rr.e,.1;y de~cr/bed d
Ipe/Pw, /CI~vv c/~5c..r0f/o;'$ "11 .se./'dra-/~ /efley,Aed a/lac)..,
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The North 297 feet of that part of the East 1 2 of the Northwest 1 0
Section 26 Township 33, Range 26, Sherburne County, Minnesota lying Westerly
of the plat of OAK HILLS 1st ADDITION, according to the map or plat thereof
on t'i.lle and of reoord in the office of the Register of Deeds in and for said
county; excepting therefrom the West 66 teet of said East 1/2 or the Northwest
1,,1.,..
cOole: I": 100'
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I hereby certify that this is a true and correct representation of
a survey of the boundaries above described property. It does not
purport to show improvement or encroachments, if any. As surveyed by
me or under my direct su~~sicn th is 25th day of January, 1971. .
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John O. liver, Land SUrVeyea". )linnea'ota Registration No. 8194.
. ..?~ 17 Ac... +/-
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City Council Minute.
February 23. 1987
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~ Mayor Gunkel opened the public bearing. No one appeared for or again.t
tbe matter. Mayor Gunkel closed tbe public hearing.
COUNCILMlMBER DOBBL MOVED TO
UQUESTED BY STANDARD LUMBER.
THE MOTION PASSED 5-0.
APPROVE THE ADMINISTRATIVE SUBDIVISION
COUNCILKEKBER 'l'RALLE SBCONDED THE MOTION.
7.9.Variance Request Requested by Mr. & Mrs. Waletzko/Public Hea!ing
The Building and Zoning Administrator noted the Mr. & Mrs. Waletzko's are
requesting a variance on a minimum 2.5 acre lot size requirement in an
R-1A zone to create" two lots out of 4.6 acres.
Planning Commission Representative Morton stated that the Planning
Commission felt that since there are one acre lots on one side of the
Waletzkos and also behind their property. a variance could be granted. He
further indicated that the Planning Commission recommended approval. 4 to
1. of the variance request with the stipulation that each lot created
would not vary from the required lot size by more than 10 percent. Mr.
Morton indicated that Commissioner Kimball voted against the motion for
approval.
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Commissioner Barrett stated tbat most of the opposition from the Planning
Commission was in regards to setting a precedent. Mr. Barrett stated that
the Planning Commission also based their decision on the fact that the
Waletzkos have been paying taxes in 5.18 acres of land. and therefore.
they were under the impression they owned 5 acres of land.
Mayor Gunkel opened the public hearing. There being no public comment.
Mayor Gunkel closed the public hearing.
Counc ilmember
a precedent
landlocked.
Schuldt stated he did not feel the Council would be setting
by granting the variance as both proposed lots are
COUNCILMBKBER SCHULDT MOVED '1'0 APPROVE THE VARIANCE REQUEST BY MR. & MRS.
WALBTZKO '1'0 SPLIT THEIR LOT INTO 'l\l0 LOTS VARYING FROM THE 2.5 ACRE LOT
SIZE REQUIRHENT. COUNCILMBKBER 'l'RALLE SECONDED THE MOTION.
Discussion was held regarding the reasons for granting this variance.
COUNCILMBKBER TRALLE MOVED TO AMEND THE MOTION TO ADD TIm rOLLOWING
REASONS FOR THE GRANTING OF A VARIANCE: THERE IS NO OTDR LAND AVAILABLI
FOR THE WALE'l'ZKOS TO PURCHASB TO ADD TO THEIR PROPERTY: THBU IS NO O'l'HIR
WAY TO SPLIT THE LAND IN ORDER '1'0 MAKE IT USEABLE FOR 'I\l0 LOTS: IF THERE
WERE A NEWLY CREATED LOT. IT WOULD STILL BE LARGBR THAN EXISTING LOTS IN
THE AREA. TO NOT APPROVE THE VARIANCE WOULD BE DEPRlVING THE APPLICANTS OF
THE PROPER USE OF THE LAND. THIS HARDSHIP WAS NOT CAUSED BY THE
APPLICANTS. COUNCILMEMBER SCHULDT SECONDED THE AMENDMENT. THE AMENDMENT
PASSED 5-0.
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'City Council Minute.
February 23. 1987
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COUIICILMIMID 8CBtJLDT MOnl) '1'0 PU1l'l'BBR AKBND 'I'D MOTION '1'0 STATE '1'BAT THE
WALI'1UO'8 WID UNDIll '1'BI IMPUSSION '1'BB! DID OWN S.18 ACRES SINCE '1'HEY
BAVI BUN 'AYING TAUS ON 'l'BIS AMOUNT ~ FUll'l'HBR THAT THE SINCE THIS WAS
IUlVlYlD U1I)D '1'HI OLD MITIS Am BOOlI>S MBASURBMBNT. IT COULD VERY WELL BE
THAT '1'HI UCOJU)S DO SROW '!'HI ,aOPBan AS BEING S.18 ACRES. COUNCILMEMBER
TIlALLB SBCONDED '!'HI AKBNDMENT. THE AMENDMENT PASSED 5-0.
THB MOTION AS AMENDED PASSED 5-0.
J.lO.Consideration of an Administrative Subdivision by Mr. & Mrs. Waletzko/
Public Hearing
Mayor Gunkel opened tbe public hearing. There being no public comment,
Mayor Gunkel closed the public hearing.
COUNCILMBMBER TRALLE MOVED '1'0 APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUESTED BY MR. AND MRS. WALETZKO FOa TWO LOTS OF 2.3 ACRES EACH.
COUNCILMBMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0.
7.1l.Administrative Subdivision Requested by Dale Lang/Public Hearing
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The Building and Zoning Administrator noted that Mr. Dale Lang is
requesting to subdivide 11.5 acres into two parcels; one parcel of 5.5
acres and another of 6 acres in size. Mr. Rohlf stated that both lots are
buildable and further there is a judicial ditch which has been vacated and
staff is proposing to keep open.
Mayor Gunkel opened the public hearing. There being no public comment,
Mayor Gunkel closed the public hearing.
Counci1member Schuldt questioned whether the judicial ditch should be
addressed in conjunction with the Administrative Subdivision.
Steve Rohlf stated that staff is recommending that this ditch be made a
drainage easement and believes it should be addressed due to the fact that
it relates to drainage. Mr. Rohlf further stated he felt this was a
natural drainage and that it should be protected. Mr. Rohlf informed the
Council that there has been a concern from the adjacent neighbor regarding
this ditch being left open.
COUNCILMBMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUESTED BY DALE LANG WITH THE STIPULATION THAT THE DRAINAGE EASF.MENT BE
ADDED WITH SIZE TO BE LEFT UP TO STAFF DISCRETION. COUNCILHEMBER DOBEL
SECONDED THE MOTION. THE MOTION PASSED 5-0.
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