6.1. SR 08-09-1999
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ITEM '6.1.
MEMORANDUM
Mayor & City Council
Michele MCPherso~ector of Planning
DATE:
August 5, 1999
SUBJECT:
Case Number: AS 99-3 and AS 99-4
Request by Seton Foster to Create Three
Buildable Lots, Public Hearing
Reauest
Mr. Foster requests that two Administrative Subdivisions be approved to allow the
creation of three lots.
Location
2342 Meadowvale Road; southwest corner of 225th Avenue and County Road 32.
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Zoning/Land Use
A 1 (Agricultural Conservation)/A (Agricultural)
Attachments
. Zoning Map (serving also as the Location Map)
. Certificate of Survey - Original Lot
. Certificate of Survey - Proposed Lots
. Wetland Delineation Map
Overview
Mr. Foster would like to subdivide property he is purchasing into three lots. The
property of record is 25.5 acres in area, four acres of which is located in Big Lake
Township. He is purchasing an additional 4.5 acres from the adjacent property owner
to the south in order to own 30 acres and create 3 - 10 acre lots.
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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 Council/AS99-3 & AS 99-4
AugustS, 1999
Page 2
Analvsis
Administrative Subdivision, AS 99-3
This request will split 4.5 acres north of County Ditch NO.1 from a parcel approximately
42.9 acres in area. This 4.5 acres will be then combined with the 25.5 acre parcel to
provide additional land area for division. The 4.5 acre parcel is unusable by the current
property owner as it is separated on its south side from the remaining parcel by County
Ditch No.1.
Administrative Subdivision, AS 99-4
With the 4.5 acres from AS 99-3, Mr. Foster has a total of 30 acres to subdivide into
three parcels. However, four acres of the 30 are located in Big Lake Township, leaving
only 26 acres in the City of Elk River. The A 1 District requires a ten acre minimum lot
area, therefore, as proposed, the lots are ten, ten and six acres respectively. The
proposed subdivision meets the spirit, but not the literal interpretation of the subdivision
code. Staff recommends that the subdivision be denied as proposed and reconfigured
to provide two lots, each 13 acres.
Mr. Foster could have a third lot with the four acres located in Big Lake Township. An
access easement over the new lot in Elk River would need to be granted for a driveway.
Sherburne County and Big Lake Township would have to approve a building permit on
the four acres located in Big Lake Township.
If a third lot is created using the four acres located in Big Lake Township and the six
acres in Elk River, deeds will need to be cross-recorded between the parcels in order to
prevent future subdivision of the two parcels.
In addition to the lot area issue, there are three wetlands located on the property (see
attached delineation map). The applicant will be required to provide drainage
easements over the wetland areas.
Park dedication fees ($1300 per lot) and surface water impact fees ($70.89 per lot) will
be required to be paid.
Council Uodate
The applicant's requests were tabled to the August 9 meeting when the applicant
discovered a 1.69 acre Type III wetland on proposed Parcel B. Type III wetlands over
one acre in area cannot be included in the lot area, therefore Parcel B would have had
only 8.51 acres. The property lines have been re-drawn to meet the frontage and area
requirements while splitting the wetland in half, each on Parcels Band C.
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Memo to City Council/AS99-3 & AS 99-4
August 5, 1999
Page 3
City Council Recommendation
Staff recommends that the City Council approve the request, AS 99-3 by Mr. Foster to
split 4.5 acres with the condition:
1. THE PROPERTY SHALL BE COMBINED WITH THE APPLICANT'S PARCEL TO
FORM ONE PARCEL.
Staff recommends that the City Council deny the request, AS 99-4 as proposed by Mr.
Foster to create three parcels. Staff recommends that the City Council approve the
request with two parcels and the following conditions:
1. THE APPLICANT SHALL GRANT DRAINAGE EASEMENTS OVER THE
DELINEATED WETLAND AREAS.
2. THE APPLICANT SHALL PAY PARK DEDICATION AND SURFACE WATER
IMPACT FEES AS REQUIRED BY ORDINANCE.
If the City Council approves AS 99-4 as proposed by Mr. Foster, staff recommends the
following additional condition:
1. DEEDSSHALLBECROSS~ECORDEDFORTHEFOURACRESLOCATEDIN
BIG LAKE TOWNSHIP AND THE SIX ACRES LOCATED IN ELK RIVER TO
PREVENT FUTURE SUBDIVSION OF THE PARCELS.
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13065 Orono Parkway. P.O. Box 490
Elk River, MN 55330
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DATE: 7/19/99
BK/PG:
DRAWN BY: TGl
CHECKED BY: Rt.AB
REVISIONS:
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Certificate of Survey - Proposed Lots
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