7.2. SR 08-21-2017
Request for Action
To Item Number
Mayor and City Council 7.2
Agenda Section Meeting Date Prepared by
August 21, 2017Chris Leeseberg, Senior Planner
Public Hearings
Item Description Reviewed by
Simple Plat: Emmanuel Lutheran Church Addition BrieAnna Simon, Planner
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution granting Final Plat of Emmanuel Lutheran Church Addition.
Background/Discussion
Case Number P 17-11
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The subject property is south of 5 Street and north of Main Street near the Seymour Avenue alignment.
The property is zoned R1-c with minimum lot sizes of 11,000sf. The property is comprised of four
parcels across two plats. The church structure is located on three parcels and in two different plats. The
applicant essentially seeks a boundary line adjustment. Sherburne County does not allow property line
adjustments or the combining of parcels across plat lines. No new lots will be created.
In order to make the church structure code compliant, the applicant will be combining three lots and
reestablishing a boundary line between the church and parsonage, which in turn will create two lots total.
Comprehensive Plan
The property is identified as 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. Non-residential
institutional uses are permitted in residential land use as a continuation of existing residential
development patterns and the infilling of existing lots in established areas.
Parks and Recreation Commission
This application was not reviewed by the Parks and Recreation Commission as no new lots are created.
Board of Adjustments
On July 25, 2017, the Board of Adjustments granted a variance (V 17-04) to exceed the maximum
allowable impervious surface area.
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-c (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.
Requested is a property line adjustment and no new development is occurring with the proposed plat.
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.
The property is not being subdivided. No environmental damages will occur.
6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court.
It 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 property is not being subdivided. The request 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 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.
Financial Impact
None
Statutory Review Period
Per State Statute, the required 120-day review period for a plat ends on October 25, 2017.
Attachments
Location Map
Final Plat
Resolution
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
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Resolution 17-____
A Resolution of the City of Elk River Granting Final Plat Approval for
Emmanuel Lutheran Church Addition, Case No. P 17-11
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, subject to the conditions set
forth in attached Exhibit B.
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.
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Passed and adopted this 21 day of August, 2017.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
EXHIBIT A
LEGAL DESCRIPTION
That part of Lot 24, AUDITOR’S SUBDIVISION NO. 3, described as follows: Beginning
at the Southwest corner of Block 4 of A CORRECTED PLAT OF THOMAS’S
ADDITION TO THE VILLAGE OF ELK RIVER; thence northwesterly along the
northerly line of Main Street a distance of 185.00 feet; thence northeasterly to a point on the
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southerly line of Line Street, now known as 5 Street NW, said point being 140.00 feet West
of the North corner of said Block 4; thence easterly along said South line of Line Street, now
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known as 5 Street NW, a distance of 140.00 feet to said Northwest corner of Block 4;
thence South along the West line of said Block 4 to the Point of Beginning.
AND Lots 5, 6, 7, 8, 9, and 10, of said Block 4, A CORRECTED PLAT OF THOMAS’S
ADDITION TO THE VILLAGE OF ELK RIVER, EXCEPT that part of said Lots 8, 9,
and 10 which lie East of the East 9.00 feet of said Lot 8 and North of the South 74.40 feet
of said Lots 8, 9, and 10.
EXHIBIT B
CONDITIONS OF APPROVAL
1.There are no conditions of approval.