5.1. SR 08-01-2005
Item =1#= 5.~.
MEMORANDUM
TO: Mayor and City Council
FROM: Chris leeseberg, Planner Q..
DATE: August I, 2005
SUBJECT: Case No. P 05-10
Request for a Simple Plat (Meadowvale)
Request
Consider a request by A & R Land Development for an Administrative Subdivision to
subdivide a 31.73-acre parcel into three lots (Meadowvale).
location
The property is on the northwest corner of County Road 32 (Meadowvale Rd.) and 225th
Avenue.
Zoningl land Use
A 1 (Agricultural Conservation) / RR (Rural Residential)
120 Day Rule
In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be
taken on this request by July 25,2005
Attachments
. Location Map
. Memo from the City Engineer
. Information from David and Sylvia Stadden Regarding Property Line Dispute
. Preliminary Plat
City Council/P 05-10
August 1, 2005
Page 2
Overview
The subject property is a 31.73-acres parcel which is bound by Meadowvale Road on the east
and 225th Avenue on the south. The corporate boundary of Elk River forms the western
property line with Big Lake Township.
Analysis
This property is located in an area that will have 2 % acre lot minimums starting in January
2010. The applicant has elected to subdivide the property at this time as opposed to waiting
until that date.
The legal description of the applicant's property provides for 31.73-acres. Sherburne County,
as a condition of approval, will obtain 2.24-acres of right-of-way for future road
improvements and off street trail corridors. This leaves the applicant with 29.49-acres of
land to subdivide.
The A 1 zoning district requires lot sizes to be a minimum of 10-acres. The proposed plat
would create three 9.83-acre parcels. A lot area variance was granted by the Board of
Adjustments on July 26, 2005. Aside from the total acreage, the lots comply with the
dimensional requirements for the A 1 zoning district.
There are existing buildings on Lots 1 and 2, an existing home on Lot 1 and several
accessory buildings on Lots 1 and 2. The accessory buildings should be removed from Lot 2
prior to any new home being constructed on the lot.
Properry Line Dispute
The applicant and staff have received correspondence from Mr. & Mrs. Stadden regarding a
property line dispute. The area of land in question is approximately a Vz-acre on the west
side of the ditch indicated on the preliminary plat. Property line disputes are a matter of civil
action and the City does not become involved with these disputes.
The Staddens' primary interest is having access to the ditch to keep it cleaned to prevent
flooding on their property. They would have preferred to have been deeded the property
west of the ditch; however, this would further reduced the lot areas. A private easement in
favor of the Staddens' providing them rights of access and maintenance to the ditch should
meet their interests. This private easement would be in addition to the drainage and utility
easement in favor of the City that is shown on the plat. The applicant and the Staddens
need to work through this issue.
S:\pLANNING\Case Files\2005\P 05-10 Meadowvale\p 05-10_CC.doc
City Council/P 05-to
August 1, 2005
Page 3
Recommendation
1. All comments of the City Engineer shall be addressed.
2. All structures on Lot 2 shall be removed prior to a new residential structure
being built or after one year after the subdivision is recorded, which ever
happens first.
3. Park dedication fees for three lots shall be paid prior to releasing the
subdivision for recording.
4. Surface water management fees for three lots shall be paid prior to releasing
the subdivision for recording.
4. All comments of Sherburne County Public Works Department shall be
addressed.
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Case Number: V 05-02
A & R LAND DEVELOPMENT
13065 Orono Parkway
Elk River, MN 55330
July 28, 2005
File: 226-066P
Mr. Chris Leeseberg
City of Elk River
13065 Orono Parkway
Elk River MN 55330
RE: MEADOWVALEADDITION
Dear Mr. Leeseberg:
As requested, we have reviewed the preliminary and final plats prepared by John Oliver &
Associates for the proposed Meadowvale Addition. Based on our review and comments
received at the staff review meeting, we would offer the following comments:
1. The proposal is to subdivide an approximately 31-acre parcel of land lying west of
County Highway 32 and north of 225m Avenue into three lots. Because of the need to
dedicate right-of-way to both roadways, the lots will all be just under the lO-acre
minimum. This project received a variance to lot size from the Board of Adjustments
on Tuesday, July 26, 2005.
2. The plat provides 50 feet of right-of-way along the east side for County Highway 32 and
33 feet of right-of-way along the south side for 225m Avenue.
3. The wetlands along the westerly and northerly portion of the property have been
delineated by Kjolhaug Environmental Services Company. It appears that there is no
impact to any of the wetland areas.
4. Each of the three lots has a reasonably-sized area of high ground area to construct a
home, along with a primary and secondary septic system and well.
5. Lots 1 and 2 are proposed to have a shared driveway onto County Highway 32, and Lot
3 is proposed to have a driveway to the south onto 225m Avenue.
6. There are existing buildings on Lots 1 and 2. The existing home is on Lot 1, along with
several out buildings on Lots 1 and 2. We assume that the buildings on Lot 2 will be
removed prior to a new home being constructed.
Phone: 763.635.1000
Fax: 763.635.1090
www.cLelk-river.mn.us
Meadowvale
July 28, 2005
Page 2
7. There is an indication of a drain tile on Lot 3. It is important that any drain tiles
encountered be maintained, if it cannot be conclusively proven that they are no longer
functioning.
If you have any questions regarding any of these comments, please call.
Sincerely,
x;;~
T eny J. Maurer, PE
City Engineer
S:\PLANNlNG\Case Files\2005\P 05-10 Meadowvale\07 28 05 engr's memo.doc
22577 147th Street
Elk River, MN 55330
July 19,2005
Elk River Planning Commission
(Acting as the Board of Adjustments)
Elk River City Council
c/o Michele McPherson
Director of Planning
13065 Orono Parkway
Elk River, MN 55330
RE: Case No. V 05-02
(Request by A & R Land Development for a lot size variance)
Case No. P 05-10
(Request by A & R Land Development for a simple plat to subdivide one parcel
into three lots.)
To Whom It May Concern:
As of this date, July 19,2005, the west boundary concern for this A & R Development
property has not been resolved.
The most recent survey and acreage measures of this property would become inaccurate
should the property's west boundary be resolved to be the centerline of the private ditch,
as has been assumed and used by the involved property owners.
Communication concerning this property and attempted resolution for this western boundary to be the
centerline ofthe private ditch is attached:
1. Notice of Public Hearing for June 20, 2005
2. Chris Leesburg letter tabling Case No. P 05-10 until August 1,2005; a variance is to be
considered at the July 26, 2005 Board of Adjustments Meeting.
3. Notice of Public Hearing: Board of Adjustments Meeting - July 26,2005; City Council
Meeting - August 15, 2005.
4. Stephen H. Munstenteiger letter to A & R Land Development - dated June 22, 2005.
5. Stephen H. Munstenteiger letter to Michele McPherson, Director of Planning - dated June 22,
2005.
6. Michele McPherson letter to Steven H. Munstenteiger - dated June 23,2005.
7. James W. Hess letter to Stephen H. Munstenteiger - dated June 24, 2005.
8. Stephen H. Munstenteiger letter to James W. Hess wi enclosures - dated July 6, 2005.
Sincerely,
/le4~
David J. Stadden and
>4-~~~o<'~
Sylvia L. Stadden
CITY OF ELK RIVER
NOTICE OF PUBLIC HEARING
The Elk River City Council will conduct a public hearing on Monday, June 20, 2005 at 6:30 pm. at
Elk River City Hall., 13065 Orono Parkway, to consider a request by A & R Land Development for a
Simple Plat to subdivide one parcel into three lots (Meadmvvale), Case No. P 05~10.
General description of the subject property is the northwest comer of County Road 32 (Meadowvale
Road) and 225m Avenue. Legal description of the subject property is that part of the Northwest
Quarter of the Southwest Quarter of the Northwest Quarter, Section 6, Township 33, Range 26,
Sherburne County, Minnesota.
As part of the review process for requests of this nature, we attempt to notify all property owners at
least 350 feet in distance from the subject property. The tax records from the Sherburne County
Auditor's Office indicated that you own property within or near the 350-foot requirement.
All interested persons are invited to attend the public hearing to express their questions and! or
comments. Hearing impaired persons planning to attend who need an interpreter or other persons
with disabilities who require auxiliary aids should contact Joan Schmidt, City Oerk, at 635-1000 by
June 15,2005. If you would like information regarding the above-described public hearing notice,
please call Elk River City Hall at 635-1000.
Michele McPherson
Director of Planning
S:\PLANNING\Case Files \ZOO5\P 05-10 Meadowvale \Legal notice.doc
13065 Orono Parkway
Elk River, MN 55330
June 15,2005
Dear Neighbor,
The public hearing scheduled for Monday, June 20, 2005 at 6:30 p.m. at Elk. River City Hall,
13065 Orono Parkway, to consider a request by A & R Land Development for a Simple Plat
to subdivide one parcel mtothree lots-(11eadowvale);--Case No. P OS-la-is beingtabled-until-
the August 1. 2005 Ci1;y Council meeting. The applicant will be applying for a variance to be
considered at the July 26, 2005 Board of AdjUS1ments meeting. You will receive a separate
public notice to notify you of that meeting.
Chris Leeseberg
Planner
J\
Phone: 763.635.1000
Fax: 763.635.1090
www.ci.elk-river.mn.us
CITY OF ELK RIVER
NOTICE OF PUBLIC HEARING
The Elk River Planning Commission acting as the Board of Adjustments will conduct a public
hearing on Tuesday, July 26, 2005 at 6:30 p.m.., at Elk River City Hall, 13065 Orono Parkway to
consider a request by A & R Land Development for a lot size variance, Case No. V 05-02.
If the Board of Adjustments denies the request or an appeal is made by any interested party, the
application will automatically be forwarded to the City Council for consideration. The meeting will
be held on Monday, August 15, 2005 at the Elk River City Hall, 13065 Orono Parkway.
General description of the subject property is the northwest comer of County Road 32 (.M:eadowvale
Road) and 225m Avenue. Legal description of the subject property is that part of the Northwest
Quarter of the Southwest Quarter of the Northwest Quarter, Section 6, Township 33, Range 26,
Sherburne County, Minnesota.
As part of the review process for requests of this nature, we attempt to notify all property owners at
least 350 feet in distance from the subject property. The tax records from the Sherburne County
Auditor's Office indicated that you own property within or near the 350-foot requirement.
All interested persons are invited to attend the public hearing to express their questions and! or
comments. Hearing impaired persons planning to attend who need an interpreter or other persons
with disabilities who require auxiliary aids should contact Joan Schmidt, City Oerk, at 635.1000 by
July 21, 2005. If you would like information regarding the above-described public hearing notice,
please call Elk River City Hall at 635-1000.
:Michele McPherson
Director of Planning
S: \PLANNlNG\Case Files \2005\V 05-02 A & R Land Dev\Legal notice.doc
Stephen H. Munstenteiger
Gretchen R. Severin
Debra J. Klatt
Stephen H. Munstenteiger
Law Offices, P.A.
Attorneys and Counselors at Law
Anoka Professional Building
Suite 300
403 Jackson Street
Anoka, Minnesota 55303-2372
FAX (763) 421-3817
(763) 421-2300
http://munstenteigerlaw.wld.com
June 22, 2005
A & R Land Development
Attention: Reggie Powell
510 Freeport Avenue, Suite F
Elk River, MN 55330
RE: David and Sylvia Stadden
Boundary Issue/Meadowvale
Elk River City Planning Case No. P 05-10
Dear Mr. Powell:
Enclosed is a letter, which we recently sent to the City of Elk River. We did this,
because we did not know whether or not the property line West of the ditch was
included in the computation of your 10 acres. We thought this issue should be
addressed now.
My clients are firm in their belief that they should be the lawful owners of all of the
property lying West of the centerline of the existing ditch. We can do this with a simple
exchange. of deeds. Please let me know, if you would consider doing the deed
exchange. .
Sincerely,
STEPHEN H. MUNSTENTEIG R LAW OFFICES, P.A.
/}
SHM/mab
Enclosure
Copy: David and Sylvia Stadden
?/
Stephen H. Munstenteiger
Gretchen R. Severin
Debra J. Klatt
Stephen H. Munstenteiger
Law Offices, P.A.
Attorneys and Counselors at Law
Anoka Professional Building
Suite 300
403 Jackson Street
Anoka, Minnesota 55303-2372
FAX (763) 421-3817
(763) 421-2300
http://munstenteigerlaw.wld.com
June 22, 2005
Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: A & R Land Development
Proposal of Subdivision at
Meadowvale Road and 225th Avenue
Dear Ms. McPherson:
We received your notice pertaining to the public hearing on the request by A & R Land
Development to divide one parcel into three lots (Meadowvale), Case No. P 05-10." As
we understand it, the matter was tabled until the City Council meeting on August 1,
2005.
The purpose of this letter is not to object to the development, per se. Rather, we want
to point out a potential problem regarding the West boundary of the property, which lies
adjacent to our property.
The drawing provided by A & R Land Development, showing its preliminary plat,
indicates that the property, as described for legal purposes, actually lies to the West of
the drainage ditch. My clients have always treated the property that lies West of the
ditch as their property. I am sure that you are familiar with the doctrine of the practicql
location of boundaries, which must come up fairly often relating to the establishment of
a legal right to an area that has been used for 15 years or more. ".
In the instant case, we are confident that a Court would enter a Decree vesting title in
my clients for all of the A & R parcel that lies West of the ditch. I believe we are talking
about a strip of land approximately 25 feet wide.
Michele McPherson
City of Elk River, Director of Planning
June 22, 2005
Page Two
We just wanted to go on record with this problem. If you would like to follow-up with me,
please do not hesitate to call me. I am sending a copy of this letter to A & R.
Sincerely,
STEPHEN H, MUNSTENTEIGER LAW OFFICES, P.A.
"
SHM/mab
Copy: David and Sylvia Stadden
A & R Land Development
Hess Law Office P.A.
A Professional Association
James W. Hess
Attorney at Law
June 24, 2005
Mr. Stephen H. Munstenteiger
Stephen H. Munstenteiger Law Office, P .A.
403 Jackson Street, Suite 300
Anoka, :MN 55303
RE: WESTERN BOUNDARY OF A&R PROPOSED PLAT
I
Dear Mr. Munstenteiger:
Please know that I represent A&R Land Development, LLC. This letter is written in response to
your communication dated June 22,2005, to A&R Land Development, as well as your
communication dated June 22, 2005, to Michelle McPherson of the City of Elk River.
I am interested in learning more about your claim for the practical location of the boundary.
Your letter states that David and Sylvia Stadden have "treated the property. .. as their property."
In order for me to consider how to proceed, I would like for you to tell me the evidence you
reviewed to support this claim.
Are you alleging that there was an agreement as to boundary line? If so, I ask that you kindly
advise me whether this agreement was oral or in writing, with whom your clients made the
agreement, the date and terms of the agreement, and the other party to the agreement.
Are you instead alleging simply that you used the property and claim it by adverse possession?
If you are, I would like for you to describe to me the various uses your clients made of this
property and the time periods involved.
A&R has not decided on any particular approach. Instead, we hope to be able to consider your
claim once we are certain of your legal theories and the evidence that supports them. I am
hopeful that we can continue to discuss this and resolve the issues without expensive, time
consuming, and unpleasant litigation.
19230 Evans Street. Suite 202 . Elk River, Mn. 55330
Telephone 763.241.4855' Facsimile 763.274.1452 . JamesHess@AOL.com
JUN 2 7 2005
Mr. Stephen Munstenteiger
June 24,2005
Page 2
I look forward to receipt of your response and thank you in advance for your prompt attention to
this matter.
Sincerely,
Reg Powell, A&R Land Development, LLC
Stephen H. Munstenteiger
Gretchen R. Severin
Debra J. Klatt
Stephen H. Munstenteiger
Law Offices, P.A.
Attorneys and Counselors at Law
Anoka Professional Building
Suite 300
403 Jacks~m Street
Anoka, Minnesota 55303-2372
FAX (763) 421-3817
(763) 421-2300
July 6, 2005
http://munstenteigerlaw. wid .com
James W. Hess, Esq.
Hess Law Office, P.A.
19230 Evans Street, Suite 202
Elk River, MN 55330
RE: My Clients: David and Sylvia Stadden
Your Clients: A&R Land Development, LLC
Dear Mr. Hess:
I have enclosed some materials that were sent to me by my clients. Rather than my
regurgitating same, I am simply forwarding them on to you as is.
I suppose that the most apparent evidence of adverse use of the area of the boun~ary
dispute is the fact that the ditch was maintained by my client and the grass or "hay" on
my client's side of the ditch has been faithfully mowed by my client. In the materials that
I am enclosing, there is some reference to the fact that the prior owner of the A&R
property concurs that the parties contemplated the fact that the ditch was the boundary
line.
I would like to have the centerline of the ditch established by survey, and then we can
exchange deeds. I think this would be the fairest and simplest course of action fer all
concerned. Before we hire a surveyor, I should consult with you about using A&R's
surveyor.
Thank you for your cooperation.
Sincerely,
R LAW OFFICES, P.A.
SHM/mab
Enclosures
Copy: David and Sylvia Stadden
David and Sylvia Stadden
22577 14ih Street
Elk River, MN 55330
763-441-3469
The 79-acre piece of property bordering the ditch north of 225th Avenue presently owned
by David and Sylvia Stadden was previously owned by:
Leo and Gladys Stadden ( 1941 - 1976 ) - parents of David
John Magney (late 1800's - 1941) - parent of Gladys
The field has been used, and the private ditch has been regularly maintained by the
Staddens, both Leo and David. The Stadden field is tiled into the eastern ditch, and that
Stadden field also has surface runoff valleys draining into the east ditch.
1. Billing invoice and cancelled check show 1997 ditch cleaning.
(paid by D & S Stadden) L-Pine Excavating, contractor. (A conversation was had with Ed
Shimek prior to the 1997 deaning. Hr. Shimek told David Stadden that the ditch deaning was not a benefit to him, so he would
not be contributing to the deaning cost.) Hr. Shimek was the owner of the property east of the ditch prior to A & R land
Development, LLL
2. Cancelled checks from 1987 ditch cleaning. (Paid by Leo Stadden and D & S
Stadden) D& S Stadden check shows their partial payment to Leo; Leo's checks
to Ed Lande, contractor.
3. Cancelled check from 1986 beaver dam removal in the ditch. (Paid by D & S
Stadden) Brenteson, contractor.
4. Cancelled checks from 1980 I 1981 ditch cleaning. (Paid by D & S Stadden)
Edwards Fields & Sons, contractor.
Previous to the /980's ditch maintenance had also been done by the 'bordering neighbors', with Leo Stadden
included as one of that group.
July 2005: A telephone conversation was had with Arnie Peterson, who owned the property and sold it to
the Shimeks. (Arnie and his parents, Bert and Ena Peterson, had lived on the property since the 40:s.)
Arnie agreed that'the ditch had always been considered the boundary between the Peterson and Stadden
properties. (Arnie remembers the ditch a/ways being there _n . he got stuck in it' going cross-country: at less
than 5 years of age --- when his dog went home without him, his dad came looking for him. Arnie' is now
70 years of age.).
Cancelled check copies are not being included here, but were included
with the lawyers' exchange of information.
1. L-Pine Excavating check: $1,306.25
2. Ed Lande checks: $1,072.50 and $68.00
3. Brenteson Construction check: $50.00
4. Edward Fields & Sons checks: $765.00 and $225.00
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IJ) MEADOWV ALE I hereby certify that th:s plan, specif- DATE: 6/2/D5 REV DATE DESCRIPTION
\- ::r: John Oliver & Associates, Inc. cation, or report was prepared by me NO.
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':':l ELK RIVER, MN Civil Engineering. La.nd S'IJ/1"1Jeying, La:nd PEa.nning or under my direct supervision and BK/PG: 244/53-54
z 580 Dodge Avenue that I om a duly Licensed Land RAWN BY: SMK
a FOR lie River, Minnesota. 55330 Surveyor under State of Minnesota
0 Statutes Sections 326.02-326.15. CHECKED BY: RMB
'" 763-441-2072 FAX 763-441-5665
\ A &R DEVELOPMENT ti?l-t-M-. DWG: 8530-10PPLAT
Offices in: Elk River. Burnsville Signature: EXT:
PLAT a.nd. Brooktyn Center, Minnesota. Rick M. Blom, PLS
PRELIMINARY Dote: 6/2/05 Lic. No. 21729 FILE NO.: 8530.10-03
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