5.3, 5.4 Pk/ A
•ity of
Elk •
River MEMORANDUM ITEMS 5.3 & 5.4.
TO: Planning Commission
FROM: Scott Harlicker, Planning Assistan
DATE: June 25, 1996
SUBJECT: Request by Dave and Joyce Mickelson
for Preliminary Plat Approval, Public
Hearing Case No. P 96-6
Request
Dave and Joyce Mickelson are requesting preliminary plat approval to subdivide
approximately 35 acres into three lots and a variance request to lot area for the
proposed lot 2, block 1.
• Location
The southwest corner of the intersection of 217th Avenue NW and County Road
32, Part of the west half of the southwest quarter of Section 7, Township 33,
Range 26, PID # 75-107-3200
Zoning/Land Use
Ria (Single Family Residential) / LR (Low Density Residential)
Attachments
• Location Map
• Zoning Map
• Preliminary Plat
• Letter from Sherburne County Highway Department dated 6/14/96
• Letter from City Engineer dated June 19, 1996
Background
III In 1994 the applicant applied for a preliminary plat, North Meadows 2nd
Addition, to subdivide this property into 14 single family lots. After investigation
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Planning Commission/P96-6&V 96-7 Page 2
June 25, 1996
• into groundwater and wetland conditions, it was determined that the plat, as
proposed, was not feasible at that time. The preliminary plat was withdrawn.
On May 15, 1995, the applicant applied for, and was granted, an administrative
subdivision approval for two lots. Parcel A was a six acre lot, shown on the
proposed preliminary plat as an exception with frontage on 217th Avenue, and
parcel B, the 35 acre parcel that is the subject of this proposed preliminary plat.
As a condition of that subdivision approval, an additional 17 feet of right-of-way
was granted to the County along County Road 32 making a 50 right-of-way.
Existing Conditions
The 35 acre parcel is currently a farm. Three outbuildings are located on
proposed lot 1 and the farmhouse and three outbuildings are located on proposed
lot 2.
The 35 acre parcel is relatively flat with some wetland area and drainage
ditches. There are four wetland areas shown on the plat. Three are located on lot
3 and one is located on lot 1. There also appears to be a drainage swale that
connects a wetland located in the northeast corner of lot 3 with a wetland
located on the western edge of the same lot. A drainage ditch is located along the
• southern boundary of lot 3.
There is a row of pine trees that extends through the middle of lot 1 and about
200 feet into lot 3 and stand of trees adjacent to the existing house on lot 2. The
remaining area, for the most part, is open with few trees.
The character of the area is rural. The property sits on the boundary between
the Al zone and the Rla zone. On the north side of 217th Avenue, property is
zoned agricultural. To the south is North Meadows Addition, an eight lot, 2 1/2
acre minimum lot size development. To the east the property is zoned Rla and is
mostly farmland; on the west is the Township of Big Lake.
Variance Request
The applicant is requesting a variance to allow a 2.22 acre lot in the Rla zoning
district which has a minimum lot size requirement of 2 1/2 acres.
There does not appear to be any physical, topographic or vegetative constraints
the would prohibit the applicant from complying with the 2 1/2 acre minimum
lot size requirement. The applicant has indicated that the variance is needed
because of the 17 feet of right-of way along County Road 32 that was granted to
• the County as a condition of the administrative subdivision approved in May
1995.
s:\planning\scott\p96-6.doc
Memo to Planning Commission/P96-6&V 96-7 Page 3
June 25, 1996
•
The City is considering a similar variance request where the applicant is
requesting a variance to lot size because of required right-of way dedication.
That situation is different from this one in that they are starting with a smaller
(5 acre lot) and do not have the ability to adjust the lot line to provide for a
conforming 2 1/2 acre lot; secondly, the dedication of the right-of-way is part of a
pending administrative subdivision. The Mickelsons, on the other hand, are
starting with a 35 acre lot and do have the ability to adjust the lot line to create
a conforming 2 1/2 acre lot, and the right-of-way dedication was a condition of
approval for previous administrative subdivision, it is an existing situation.
Staff refers the Planning Commission to Section 900.40 of the Elk River Code of
Ordinances for the standards to consider when reviewing a variance.
It is not clear what undue hardship the applicant will face by complying with the
2 1/2 acre minimum lot size requirement. There is enough acreage so that the lot
lines could be adjusted to comply with the 2 1/2 acre minimum lot size. There
does not appear to be any special conditions that are unique to this site that are
not applicable to other properties in the area The variance should not be
detrimental to the health, safety and welfare of the neighborhood.
110 Recommendation
It is staffs opinion that this request does not meet the five standards required to
grant a variance based on the following findings:
1. The literal enforcement of the Ordinance will not cause undue hardship
for the applicant since there is enough acres to adjust the lot line to
comply with the 2 1/2 acre minimum lot size.
2. There are no special conditions such as topography, vegetation or existing
structures which are peculiar to this property.
3. Literal application of the Ordinance will not deprive the applicant of
property rights enjoyed by other properties in the neighborhood.
4. There are no special circumstances or conditions that are not a
consequence of the applicant's action.
5. The granting of this variance will not be injurious to or adversely affect
the health, safety or welfare of the residents.
• Preliminary Plat
s:\planning\scott\p96-6.doc
Memo to Planning Commission/P96-6&V 96-7 Page 4
June 25, 1996
• Lot sizes and setbacks
The property is zoned Rla which requires a minimum lot of 2 1/2 acres and 160
feet of frontage. The applicant is proposing three lots. Lot 1 will be 10.56 acres
and lot 3 will be 22.27 acres. However, lot 2 is approximately 2.22 acres in size
and a variance is required. The applicant is requesting a variance for lot area to
allow the 2.22 acre lot. All of the lots comply with the lot width requirement.
The proposed lot line between lot 1 and lot 2 will bisect two block buildings.
These buildings will have to be removed or altered so that the lots will comply
with the setback requirements. All other setback requirements are met.
Access
Lot 1 will be accessed from 217th Avenue; lot 2 will utilize the existing driveway
from County Road 32 that the services the farm house; lot 3 will have access
from County Road 32 also but will require a permit from Sherburne County
Highway Department. No roads are proposed as part of this plat.
Wetlands
• The wetlands and drainage ditches on the property have been delineated on the
plat but easements have not been shown. Drainage and utility easements should
be in place over the wetlands and drainage ditches.
Well and Septic
Even with the wetlands and drainage ditches there is ample room on all of the
lots for a septic system, possible replacement system and a well.
Recommendation
It is recommended that the Planning Commission recommend approval of the
preliminary plat, North Meadows Corner, located at the southwest corner of
217th Avenue and County Road 32 with the following conditions:
1. A developers agreement be prepared outlining the terms and conditions of
the plat approval and installation of any improvements.
2. Comments as requested by the Sherburne County Highway Department
be incorporated as part of the plat.
•
s:\planning\scott\p96-6.doc
Memo to Planning Commission/P96-6&V 96-7 Page 5
June 25, 1996
• 3. All of the comments of the City Engineer's memo dated June 19, 1996 be
incorporated into the revised preliminary plat and made a condition of
this approval.
4. Appropriate permits from Sherburne County Highway Department for
any work done within the county right-of way be obtained prior to
commencing work.
5. Surface water management fee in an amount required by the City at the
time of final plat be paid prior to recording the plat with Sherburne
County.
6. All wetlands on the site be delineated and wetland joint notification form
be completed and filed.
7. Drainage and utility easements be granted to the City over the wetlands
and drainage ditches found on lot 1 and lot 3.
8. Park dedication fee in the amount required by the City at the time of final
plat be paid prior to releasing the plat for recording.
• 9. The existing buildings, which do not comply with the setback
requirements, be removed prior to recording the plat with Sherburne
County.
•
s:\planning\scott\p96-6.doc
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SUBJECT PROPERTY: i/ 948.7
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That part of the West Half of the Southwest Quarter of Section 7, O /
Township 33, Range 28,Sherburne County, Minnesota, described as F x O /
lying northerly of the following described line: Commencing at the 937'4 \
Southwest corner of said West Half of the Southwest Quarter, thence x^ ♦ 447.5
on an assumed bearingof North I degree31 minutes 02 seconds 931.0 U LIAe Of NorM 673 Ff x
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• 58 seconds East for a distance of 288.00 feel; thence North 1 degree N r 9 .6 \
31 minutes 02 seconds East parallel with said West line of the West
t 111°
Half of the Southwest Quarter for a distance of 811.72 feet to the ; X 942.3
Northwest corner of the duly recorded plat of NORTH MEADOWS, said 2 w
Sherburne County; thence North 74 degrees 39 minutes 14 seconds 3 {L 935.7 I V
West along the centerline of County Ditch No. 1 for a distance of o Q i x 1
273.94 feet, more or less, to intersect said West line of the West d X 931.5 X O
Half of the Southwest Quarter, said point of intersection also being ._-
the actual Point Of Beginning of the line to be hereby described; \ `
thence return South 74 degrees 39 minutes 14 seconds East to said o -
Northwest corner of NORTH MEADOWS; thence continue South 74 3 ! ..,.�----�-
degrees 39 minutes 14 seconds East along the North line of said ...."'"7"--- N 9-i ,,
NORTH MEADOWS for a distance of 748.63 feet; thence South 68 /./� 935.8
degrees 47 minutes 06 seconds East along said North line of NORTH - /
MEADOWS for a distance of 248.41 feet; thence South B7 degrees 40 'a22.27 day.
minutes 39 seconds East along said North line of NORTH MEADOWS '
for a distance of 257.93 feet to intersect with the East line of said o �
West Half of the Southwest Quarter and there terminate. \
,29. X
EXCEP91NG therefrom the two following described tracts to-wit: ? 945.i 936
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1) The South 300 feet of the North 650 feet of the East 365 - 1 X X 943.9
feet of the Northwest Quarter of said Southwest Quarter of X
Section 7. x 937.4
X 932.3
2) The North 873 feet of the West 400 feet, as measured at
right angles, of said West Half of the Southwest Quarter of
Section 7. 1. ,lp<
Wiz 934.9
Containing 37.44 acres, more or less. Subject to that part thereof
taken for 217th Avenue N.W along the North line of said West Half �Zi
of the Southwest Quarter. Also subject to that part taken for `__-_:-N_ 935.2
County Road No. 32 over and across the East 60 feet of said West �:,'"� `-` X X 936.9
Half of the Southwest Quarter. Also subject to other easements of I ,SURVEY LINE
record,if any.
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• 946.0 I_1 I W.Of C.R. No. 32 On S.Side Of 214th
94+5 tSSSG x ELEV = 947.31
X 0 I ti 948.1
947.6 ° I2_ OWNER &DEVELOPER:
! laR r I e e P I a 0 100 200 300 sax r.i David&Joyce Mickelson
.. I 21680 Meodowvole Road
3 .iJ c, I rr , I Elk River, MN 55330
o
c...* ( n SCALE IN FEET 441-1149
z
--South Line North 650 Ft I y I' 1 inch = 100 feet
X 942.9 SURVEYORSn01 ver B Associates, Inc.
948.3 - p M88'36'20•8 365.56 ,e 5bM g' SBO Dodge Ave.,
3tB4�- 441-2072
Elk River, Mn. 55330
.,
\ x ° _
940.3 \ - For the purposes of this plot, the ZONING: R-lo
X \ 4, 941.2 [3 3 West line of the W 1/2, SW 1/4,
F
Sec 7, Twp 33, Rng. 28, is assumed MINIMUMS: WIDTH: 160 Ft
935. x \\ r7,F to bear North 01'31'02" East. AREA: 108,900 Sq Ft.
\ y = s
f/ \ 5 0 Denotes 1/2 inch x 14 inch iron Denotes Budding Setbacks:
'...16,141, X 942.7
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\ ri e' J monument set with a plastic cap 35' front yard
I marked R.L.S. number 8194. 30'rear yard
943.9 X 1 1
•4M•:n• C.4 01
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• 20' side yard
4.
•
M
x 943.4 Q r Drainage and Utility Easements are
945.8 1 / shown thus:
x NY / r-
.AN' / F- 5 DATE: 5/28/ 96
BK/PG: DC
"- ` / DRAWN BY: SLF
X 944.2 d
--irk CHECKED BY: JO
3 X 941.2
DWG FILE: SP-NM3
x 944.° 12. 1210 TEXT FILE: PLATS #3 :/
1 3 L 6635.30.-03
944.3 I 11
X 942.1 1 REVISIONS:
;t O Being 10 feet in width and adjoining
x 94'.0 i1 N K ; right-of-way lines, unless otherwise
� 942,6 a
/ o indicated, also being 5 feet in width
\ x N 4"1 and adjoining lot lines, unless other-
',:'
ther-
, ' 1 t wise indicated, as shown on the plat.
W E'r Pi
I } .- I hereby certify that this plan was
/ ..t 4 a U I ~ prepared by me or under my direct
d supervision and that I are a duly
1 x / 942.1 x Registered Land Surveyor under the
937.5 j lows of the State of Minnesota.
1 /
934.8 \ /
x \ / NOTE:
•
\ / VARIANCE NEEDED FOR LOT 2 Signed:
Date: 5/28/96 c. No. 16095
X 941.4
• _w�_
X 937.3
John Oliverer d *societies.
, 938.7 n.xt daw,•.+<*a.cm,e -.v,a; ..
�.. _ , X 50 , 680 Dodge Avenue
' Elk River,Minnesota 41)44i 30
��_.�,`; LTTE (0/2)44/-2072(AAF)441-5685
`` `;. FBZ•ll',
936.9 X - \ � ' -- ----J 1 201 T. Traveler.Trait, Suite 200
4:.00Burnsville,Minnesota 55337
i\ . , X 938.8 =� 9'40 012)894-3045061)894-3049
X 940.6 150 ._,`1T NORTH MEADOWS
X 939.9 CORNER
939.0 X ELK RIVER, MN
FOR
.b.- Oliver A Assocate4 Ina Dave & Joyce
Mickelson
Preliminary "SIMPLE" Plat
/,'"2f
JUN i8al.
OF
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ar.
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1=1140 ss
5[iqhwag De artment
f'4AY UE4�*IN•111\ 1110, ~
inharr a
P.O. BOX 338 • ELK RIVER,MN 55330 • PHONE(612)441-1722 • FAX(612)441-2264
June 14, 1996
Mr. Scott Harlicker
Planning Assistant
Elk River City Hall, P.O. Box 490
13065 Orono Parkway
Elk River, MN 55330
RE: North Meadows Corner and Grace Assembly of God Church
Dear Mr. Harlicker:
As requested comments are provided regarding the above referenced plat and site plan:
• North Meadows Corner
• Access to CR 32 from Lot 3,Block 1 will require a permit from this office.
Grace Assembly of God Church
• It appears that the development of this site in the manner shown on the Site Plan would preclude
the connection of 190th Avenue NW east to Tyler Street or CSAH 13 as was discussed when the
administrative subdivision for this property was reviewed. The City may wish to consider
providing for this future connection.
• Pursuant to the Sherburne County Zoning Ordinance, the driveway access location shown on the
Site Plan does not satisfy the current minimum driveway access spacing requirements. In order to
meet the spacing requirements, the City may wish to have the existing driveway access onto
CSAH 13 from the residential property north of this site removed. This residential property
currently has access onto Tyler Street as well as CSAH 13.
Thank you for affording us the opportunity to review these plans. If you have any questions or require
any additional information,please contact me at the number listed above.
Sincerely,
•
an M. Cote, P.E.
Assistant County Engineer
•
TISt
June 19, 1996
File: 230-328-11
CONSULTING ENGINEERS
1326 Energy Park Drive
Mr. Steve Ach
St.Paul,MN 55108 City Planner
612.644-4389 City of Elk River
1-800-888-2923 13065 Orono Parkway
Fax:612-644-9446 P.O. Box 490
Elk River, MN 55330
RE: NORTH MEADOWS CORNER
PRELIMINARY PLAT REVIEW
Dear Mr. Ach:
As requested, we have reviewed the preliminary plat for North Meadows Corner. It was
prepared by John Oliver and Associates and dated May 28, 1996. Based on our review
CIVIL ENGINEERING: and comments received at the staff review meeting, we would offer the following
ENVIRONMENTAL comments:
"'MUNICIPAL
PLANNING 1. The plat refers to a variance needed for Lot 2. This is noted in the lower right-
SOLID WASTE hand corner of the plat. We suspect that this variance is required because of lot
STRUCTURAL size. We would suggest that it is easy to adjust the lot lines to have this lot
SURVEYING comply with the requirements.
TRAFFIC
TRANSPORTATION 2. Lot 3 should have drainage easements provided over the wetland and the ditches
through the lot, especially if they provide drainage for areas outside of Lot 3.
ELECTRICAL/MECHANICAL
ENGINEERING: 3. It is our understanding that the exception to the west of this plat is under the same
HVAC ownership. We would suggest that piece of property be included in the plat also.
POWER DISTRIBUTION
SCADA
SYSTEM CONTROLS If you have any questions regarding these comments, please call.
Sincerely,
MSA, CONSULTING ENGINEERS
& (2).-1(f.24,4€4/
Terry J. aurer, P.E.
OFFICES IN:
TJM:tw
MINNEAPOLIS 328-1909.jun
PRIOR LAKE
ST.PAUL
WASECA
An Equal Opportunity Employer
City of� •
Elk River
13065 Orono Parkway • P.O. Box 490
Elk River, MN 55330
LOCATION
MAP
CASE: p Ct(p®�
LOCATION
010
City of
Elk River
13065 Orono Parkway • P.O. Box 490
Elk River. MN 55330
ZONING
CASE: P 9(0 ' rp
Al
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