9.5. SR 06-20-1994
,(/ ~(
( II
.Yl~~
E ~ River
AGENDA ITEM 9.5
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
TROY LANGER, PLANNING INTERN j/
FROM:
DATE:
JUNE 20, 1994
SUBJECT: ADMINISTRATIVE SUBDIVISION
REQUEST BY TIMOTHY SCHEEL,
PUBLIC HEARING, CASE NO. AS 94-09
REQUEST
Timothy Scheel is requesting an administrative subdivision to divide a forty
(40) acre parcel into a 17.01 acre parcel and a 23.27 acre parcel. Both lots are
being proposed to have frontage on 213th Avenue.
LOCATION
e
10271-213 Avenue, Elk River (southeast corner of the southeast 1/4 of the
southwest 1/4 of Section 12, Township 33, Range 26, Sherburne County, MN).
ZONING I LAND USE
Al (Agricultural Conservation District)1 OS (Open Space) and A (Agriculture)
ATTACHMENTS
Location Map, Zoning Map, Land Use Map, Survey
DIMENSIONAL REGULATIONS
e
The property is zoned A-I, which requires a minimum lot size of 10 acres
with 300 feet of frontage. According to the submitted survey, Mr. Scheel is
proposing to subdivide a forty (40) acre parcel to create a 17.01 acre parcel
(East Parcel) and a 23.27 acre parcel (West Parcel). Mter reviewing City
records and receiving comments from Sherburne County Auditors office, the
parcel under consideration is actually eighty (80) acres in size. Staff
recommends Mr. Scheel complete an exemption to the subdivision regulation
to create approximately two forty (40) acre parcels and be consistent with the
submitted survey.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Timothy Scheel
June 20,1994
Page 2
e
ACCESS
Currently, access to the lot is via a private driveway. It is unclear where
public street ends and private driveway begins. The City of Elk River has
maintained snow removal of this private drive. Mr. Scheel is proposing to
dedicate an easement for street-right-of-way to extend 213th Avenue to
provide access to both proposed parcels. Therefore, whatever confusion there
may have been in the past relative to the status of the road will be cleared up
with this application.
In addition, as part of this subdivision request, it would be appropriate to
have the roadway easement be extended to the northerly limits of the
proposed subdivision. Even though the street will not be constructed (i.e.,
bituminous surface), an easement will be in place for any future subdivision
to the north.
ZONING
e
The area is currently zoned A-I, Agricultural Conservation. Both proposed
parcels meet the minimum lot size requirement. City Code requires a three-
hundred (300) foot setback of all accessory structures in an A-I zoned district.
The proposal indicates that an accessory structure, a barn, is within fifty (50)
feet from a proposed street right-of-way easement.
There are existing housing units located on both the East and West Parcels.
The proposed East Parcel contains an existing housing structure and a
mobile home unit. All housing units were located on the lot prior to the
City's annexation of the property. Current code requirements only allow one
housing structure per lot. Therefore, to meet City Codes, one of the
structures would need to be removed from the easterly parcel or further
subdivided to create a third parcel. The current housing structures would be
considered legal non-conforming uses until further subdivision of the
property, removal of an existing housing structure, or damage of greater than
50% occurs to an existing housing structure. City records indicate that a
building permit has been issued for remodeling of the northerly housing
structure.
Located on the proposed West Parcel is a portion of a large wetland, as well
as a single family home. Staff does not anticipate the wetland as an issue
with this subdivision.
e
scheel. troy
Timothy Scheel
June 20, 1994
Page 3
e
PARK DEDICATION
The City of Elk River has, in the past, accepted land, when subdivision
occurs, for park land dedication or money in lieu of the land. The Park and
Recreation Commission recommend a payment of $450 for the creation of a
new parcel.
RECOMMENDATION
It is recommended the City Council approve the administrative subdivision
request by Timothy Scheel to divide approximately 40 acres into one 17.01
acre parcel (East Parcel) and one 23.27 acre parcel (West Parcel) with the
following conditions:
1)
PUBLIC ROAD ACCESS AND STREET RIGHT-OF-WAY
EXTEND TO THE NORTHERLY BOUNDARY OF THE
PROPERTY TO ALLOW FOR FUTURE ACCESS OF
PROPERTY IN ANTICIPATION OF FUTURE
SUBDIVISION. PROPER EASEMENT DOCUMENTS BE
PROVIDED TO THE CITY PRIOR TO RECORDING THE
SUBDIVISION.
e
2) ONLY ONE HOUSING UNIT BE ALLOWED PER LOT.
THEREFORE, REMOVAL OF THE MOBILE HOME
STRUCTURE, HOUSING UNIT STRUCTURE LOCATED
ON THE PROPOSED EAST PARCEL, OR SUBDIVIDE
THE FORTY (40) ACRES IN A MANNER LEGITIMIZING
ALL HOUSING UNITS.
3) PAYMENT OF PARK DEDICATION FEES IN THE
AMOUNT OF $450 BE PAID TO THE CITY PRIOR TO
RECORDING THE ADMINISTRATIVE SUBDIVISION.
4) AN EXCEPTION TO THE SUBDIVISION REGULATIONS
FOR THE ADMINISTRATIVE SUBDIVISION BE
COMPLETED PRIOR TO RECORDING.
e
scheel. troy
@
~. i \.!
, I
:~~
I
.1
i I:
il'
I
I
,,'
"~I,,L
'---------- .
~ , \:
~I
LJ !
I ; ,
i I I
~!Ii. ~..'
I I . .
.1... ....... __I.
Ii
I I I
I, ,
1 ' --,
1_-0
"I
jl
I
~
:1
i
~
I
i i
LOCATION MAP
. I[ ~
Eli{
CASE AS 94.~9
'Rive ri> . O. Box 490 · 13065 Orono P;;kway . EL'c Ri~er. MN 55330 . (6l:Z) " 1.74:0'
1<-
@
1
i
I
L---. ____~____
I
::;-:"'f ,,"
-L-
~I -\)
()j
.
CIty of ~
Ell{
~ FIoodpi.1n
@J AvrlCullunf eon......1Ion
~ SInQle Family Raaldanllal
!!mil Slnvla F.mlly RaoldentIaI
lBi9 SingIa Family ~
~ Slngla Family RaaldenlIal
~ SInvIa Family RaolcMnUal
\
~~
1^1 :!i{i!!!!i!itt':;'
H :':':':':-:':':':':'~f
,.
LOCATION
ZONING "MAP
[fID Two FamIy Raold"';;';;-"
~ Two FamlIy RaoldantIal
~ T_/Multf!lla FamlIy RaaldenU.,
~ Mullf!>la FamlIy R--.
8i9 P1-..d UnIt o...1opmanl
[gJ c_.. Comman:laI
[g] Olllca DloUIcl
~ HI;Ilway C4mmarcla'
ITIJ Ug/It Induwtrtal
OIl M<<lIum Industrtal
~ Sold Waala Fadlly
~ AnI...... Tow.,
!MID MIn....' E......llon
2UIT... .wtNlJ[
/
.
.
CASE: AS
94-09
...
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 . (612) 441-7420
,
..u___+.__ '--1'-- n_ n_ -.--r---- ---------- -----r-roo ____._ __.____
l- .------ I ~--- ---.- I --] I
I ----- ,._--~, -- !
i I : : -- --. I :
I : I' I
L !
r --, A ~--_.J -~1
' I ' , ,
: : I; J I: : I
'I m,.. :'-- ,mmr~--J-r.~tl--'----.l- ~-- oo---O-.L.~~-~ :.11
I , ' :: I I
j J ."'-, ~ ' , --~-~-_l_...______L __.....
i I J -/ ' i:'
-_-ll~--______..____ L.____+______... ----__1... __.. -______L. .1______ __ "_' __
I
!
i
!
-----j--t-c.. ----..,------~ -._-. ------.......--
; ~ .
I ; :
,I : ;
I j I .
Li I ! ;
I , ,
__ -+,1;, -------~..-.---.-.-.-..i..-~.
.,",,' '-.-
, ,
i ' :
I
I
I
-~---------.-.t--- - - .--------r------ ____on
t-~....----
. I
...----------..~ '---'.--- -------1----.-.... .
I
I
I
i
i
I
L____
I
---4.:'~-
. . I .
I
I
I
,
,
I :
- - __.n. "--t --. . -T-------- --. n._. ._n____ _
: . L' ;
, I
, I
4---:-- -------1 -----....;
LOCATION:
; //
I'
L3.'
I
, -...------,
..-i..--.____ L-.-.
<., I
"';. :
,
-ii-
, I
! I
I I
I '
: i
I I
; I
"-- -- ,--- ~.. -- ._- ..- -.'--.-. "-
os
+-~. 1 ---"
!:
\
I
I
I
i
f
,",. -_. -
I
i
!
i" --- -.- --- - ..
, !
I
-t---j
-.1
. .-
COMPREHENSIVE LAND USE MAP
-HR
CB
HB
LI
, MI
P
os
A
LR
MR
High Density Residential
Central Business .
Highway Business
Light Industrial
Medium Industrial
I-\.)
()j
City of ]1
Ell{
CASE
Public
Open Space
Agricultural
LOw Density Residential ~
Medium Density Residential-@-
p.e~ Box-490 · 13065 Orono P-arkway · Elk River, MN 55330 · (612) 441-7420
/ :. ~ . . ~
S 89'02"07" C
~21"B9
lu
ill
o
...
J ~
--------- .,Z./..,I -----------:... ()
~
~
~
~
~ ~
~ ~
~
::r '"
! ~
~
:!i ~
...
t
~ ~
~ il'
~ ~
~ '"
~ ~
~
~ ~
~ ~
.. .,
., ~
~
. '.1 ~\
~I .
-VI
':.1
SOVrHlfl':!"sr ~ or TIE
SWI/., V TN€" SWI/" V
/' "SFC.IZ. ~J'..lI1'(;c.~G
" ~~ C'OUVTY ~Nr
",
",-
N 89'O~16" w
--. NI,"'()",ii.W IoN",.., .......
.. ~.;H-: {till!:: :7' "If Sit' J/~. or TI'E Sit 1/4 tF $Fe. t;;
.~
Eti{rRiver
~ . . '.. s., ~02 '0'. C
..,
..,
;;;
...
JJJ2_0~ .... -..
SS 89'02"07- E
"
t" /4 OF THE: $.. J/. OF sec. JP
NORYH L tHE OF 71'€ $11 '.
,~
~hJ"
~"'.41IJ1"
1
..
..
,,;
:il
~."
- FAfr P..-9..et:l!""t:-
/7:0/ .....C,eFf
EXISTING HOUSE
' ~ - NO"S'
~'~
,.#t..
, ."
~
d ~\
~I ,
'VI
':.1
UNC 'ARA-LLCL ~~~o~~ltf ~INE ~Or;:7rl/~
~
1
I~
:->
I~
/:
I
I
I
If
I ... ... ---...
'~"',:zo.S2 .~
,.
....
_<c,lr"\,,'
\ .
~
~
..
.,
W'~ND
r
:i
1\
I
I "
EXISTING HOUSE
I, ~ '-~=----____............
_1":'--- "~-I"><,..N4 ~
~ [! ~
I" - u/<!""~r _,.p.€CFt::. _ . ,
I r ~ .?for" A'CA!.rf t
, IJ.
I
I ~
601.34
'-0'; '--.. - ,- N 8S.04.J6- N 691.89
{ I -'~H 3DO OD FEeT a: lH! S., 1/4
NORTH LI~ OF THE ..._.. .
I
I
I
I
j
" . €XCCP7701V
.
.. .
.
:" ~
", I
.'" I
,.
SITE MAP
~
CASE AS 94-09.
@
P.O. Box 490 · 13065 Orono Parkway · Elk Rive:-. MN 55330 . (612) ~A 1-7420
e
June 20, 1994
RE: Administrative subdivision request by Timothy Scheel,
public hearing, case no. AS 94-09
To begin, I'd like to give you a little background on the events
that have preceded this council meeting.
A little over two years ago, we brought the first survey to
the zoning office with the intent of subdividing this property.
We were working with Steve Rohlf at the time. Steve made some
recommendations, which included the building of a cuI de sac.
We made the changes and put in a cuI de sac at a cost of over
$2000.00. We gave him an updated survey in April, 1992.
After sometime, I contacted the zoning office to find out our
next step in subdividing the property. The project was then
being taken over by Steve Ach. He was not aware of the first
survey we had given the zoning office so we gave him a second
copy.
e
In April of this year, I met with steve Ach again and he recommended
some more changes to the survey. We had these changes done
and back to steve by the end of April. At this point we were
led to believe that we had met with all the criteria needed
for the subdivision and we paid our $150.00 application fee
and $150.00 engineering fees and we were put on the agenda for
tonights council meeting. This was two months ago.
On June 15, Troy Langer, of the zoning office, called me and
said that in order to have the subdivision take place, I would
have to satisfy the recommendations listed on page 3 of the
memorandum in front of you. The most disturbing being #2 -
the removal of the mobile home structure, which houses my brother
and his two little girls.
e
Now, we have been working on this for over two years~ My wife
and I have been putting every spare dime into remodeling this
house for ourselves and our four children. Meanwhile, we've
been living with my parents. At the same time, we've been putting
money into road construction and survey fees. At this point,
we have submitted three surveys in an attempt to satisfy the
zoning office. It has cost us $1985.00 in survey fees and it
appears that we may be needing a fourth. I would like to point
out that on all surveys brought to the zoning office, both the
house and trailer have been present on our proposed property.
Neither Steve Rohlf or Steve Ach have ever said that was unaccept-
able.
.
e
e
page 2
admin. sub.
Timothy Scheel
Which brings us to tonight. I am standing before you with a
plan that is suddenly unacceptable, unless I can satisfy the
recommendations given by the zoning office, which I was notified of
four days ago. (Turn to recommendations)
#1 - Public road access
I'm being asked to give up 3/4 of an acre of land for an
easement to the northern boundary of the property. At a cost
of $2500.00 - 3500.00 an acre, this works out to be about
$2250.00.
#2 - Removal of mobile home or subdivide property in a different
manner
I will not ask my brother and his little girls to move
off of the farm - the only home they've ever known. Thus,
it looks like we will have to subdivide in a different
fashion - of which I will elaborate on in a moment.
#3 - Payment of $450.00 park dedication fee
I understand that land has been given up to the city ,
in the past, in lieu of the fee. I would think that a
$2200.00 easement would more than satisfy that requirement.
#4 - I understand that this is merely an incidental, requiring
only a signature. I hope this is true.
Three out of the four items are fairly simple for us to take
care of, one of the four requires greater consideration.
Because we will not ask my brother to leave, we've decided we
would subdivide in an alternate manner. Last night, we sat
down with my parents and came up with a different idea which
would leave the trailer on my parents property and still give
us a 10+ acre parcel of land. It looks like this:
To summarize, we've spent a great deal of time, energy, money
and patience to get, what we thought, was a minor task accomplished.
After over two years of planning with the zoning office, saving
and spending money, we find out four days ago that, as it stands,
our proposal is unacceptable. Thus, we are asking you to accept
our new plan for subdivision and accept the 3/4 acre easement
in lieu of the $450.00 park dedication fee.