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5.15. SR 10-17-1994 I ~\j ( )I !ll<' ITEM 5.15. MEMORANDUM TO: MAYOR & CITY COUNCIL PAT KLAERS, CITY ADMINISTRATOR OCTOBER 13, 1994 ~ SUBJECT: ADMINISTRATIVE SUBDIVISION BY TIMOTHY SCHEEL FROM: DATE: Councilmember Scheel requested that Administrative Subdivision, Case No. AS 94-09, be brought back to the City Council for further discussion. Attached for your review are the 6/20/94 City Council minutes when this administrative subdivision was approved and all of the background material from that meeting. I believe that Councilmember Scheel would like to discuss some of the City road requirements associated with this subdivision. . The City Engineer, City Attorney, City Planner, and myself will all be present at this Council meeting to help answer any questions from the City Council. . P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Elk River City Council Minutes June 20, 1994 Page 8 . Roger Kostreba questioned whether the City of Elk River would sign the onditional use permit application. e consensus of the Council that the Mayor would sign the condo . Iicotion. re being no further comments, Mayor Duitsman closed the public hearing Councilmem r Dietz indicated that there was considerable Iscussion at the Planning Com - sion level regarding the Council givi the Boy Scouts preferential treat nt regarding this issue. He state that no preferential treatment was given the Boy Scouts completed the tire planning process to be approved for the pr . ct. CONSTRUCTION OF THE BUILDING NO. COUNCILMEMBER SCHEEL REQUESTED BY TODD ANDERSO BOY SCOUTS OF ELK RIVER WITH T 1. 2. . 3. ESIGNED TO PROVIDE AD STORM DRAIN E NEEDS FOR THIS AREA. PLA THE CITY ENGINEER. UATE CAPACITY TO HANDLE SHOULD BE REVIEWED AND 4. AND DRIVEWAY AREAS WITH BITUMINOUS 5. AUTHORIZED REPRESENTATIVE OF THE CITY OF ELK VER SIGN THE NDITIONAL USE PERMIT APPLICATION AS THE PROPERTY OW R. 6. THE LEASE AGREEMENT BE STRUCTURED PROVIDING USE OF THE B LIMITED TO THE BOY SCOUTS OF ELK RIVER AND THAT THERE BE N THER SUBLEASING OR COMMERCIAL ACTIVITY ASSOCIATED WITH THE MINI STORAGE FACILITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.5. Consider an Administrative Subdivision Reauest bv Timothv Scheel/P.H./Case No. AS 94-09 Council member Scheel stepped down tram the dais and took a seat in the audience for this issue. . Planning Intern Troy Langer stated that Timothy Scheel is requesting an administrative subdivision to provide a 40 acre parcel into three lots. He indicated that the original request was to divide the properly into two lots. however, Mr. Scheel has proposed some revisions to the administrative subdivision. Troy Langer indicated that the new proposal subdivides the property Elk River City Council Minutes June 20, 1994 Page 9 --------...---------- . into three lots with Lot 1 approximately ) ) acres: Lot 3 approximately 10 acres; and Lot 2 with the remaining acreage. He indicated that the new proposal meets the 10 acre minimum requirement and the 300 front footage minimum requirement. Tray Langer explained that there are housing units located on all three parcels of property with one of the units being a mobile home. Mr. Langer also indicated that the City is requesting $900 in park dedication fees. He aiso indicated that the City is requesting that the public road access and street right-of-way extend to the northerly boundary of the property to allow for future access in anticipation of a future subdivision. Mayor Duitsman opened the public hearing. Timothy Scheel stated that the revisions were made on short notice because he was notiTied of the requirements for the subdivision only a few days ago and is just now complefing the process. Cecilia Scheel explained the confusion in fhe process which relates fo the exisfing road on the property. There being no furfher comments from the public, Mayor Duifsman closed the public hearing. . COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY TIMOTHY SCHEEL TO DIVIDE APPROXIMATELY 40 ACRES INTO THREE PARCELS WITH THE FOLLOWING CONDITIONS: 1. THAT THE 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. 2. PROPERTY EASEMENT DOCUMENTS MUST BE PROVIDED TO THE CITY PRIOR TO RECORDING THIS SUBDIVISION. 3. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $900 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. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Mrs. Scheel indicated that she was hoping that some of the park dedication fees could be forgiven due to the deeded easement to the City and the existing homes on each new lot. . Council member Farber suggested that the park dedication fees be waived as the applicants are not putting up any new structures on the newly created parcels. Elk River City Council Minutes June 20, 1994 Page 10 . COUNCILMEMBER DIETZ AMENDED THE MOTION TO DELETE ITEM #3 REGARDING THE PARK DEDICATION FEES BECAUSE THERE ARE NO ADDITIONAL BUILDINGS PROPOSED ON THE NEWLY CREATED PARCELS. COUNCILMEMBER HOLMGREN SECONDED THE AMENDMENT. THE AMENDMENT PASSED 4-0. THE MOTION AS AMENDED PASSED 4-0. 9.6. Consider an Administrative Subdivision reauest bv Gerald Snett/P.H./Case No. AS 94-10 ning Assistant Gary Schmitz indicated that Gerald Sneft i requesting an . istrative subdivision to divide a 39 acre parcel into a 10.4 re parcel and a re parcel located at the intersection of County Road and Jarvis Street. Mayor Duit an opened the public hearing. There bein 0 one for or against the matter, M or Duitsman closed the public hearing. COUNCILMEMBER RBER MOVED TO APPROVE THE A INISTRATlVE SUBDIVISION REQUESTED BY GERAL SNEFT TO DIVIDE 39 ACRES INT A 10.4 ACRE PARCEL AND A 28.67 ACRE PARCEL WI THE FOLLOWING CONDITI 9.7. THAT PAYMENT OF P TO THE CITY PRIOR TO N THE AMOUNT OF $450 BE PAID . MOTION. THE MOTION CARRIED 5-0. st and an associated Variance Re uest -14andV94-05 Planning Assistant Gary Schmitz indo ated Hi t Mr. Richard Lundberg is requesting a variance to exceed the ma um size f an accessory building and a conditional use permit to encr ch on the 3 foot setback for an accessory building containing livestock Gary Schmitz 'ndicated that the Planning Commission concurred with s If's findings on the ariance that hardship could not be shown and, therefor , recommended deni He further indicated that the Planning Commission re ommended approval of t conditional use permit. Mayor Duitsman opene he public hearing. There bein the matter, Mayor Duits an closed the public hearing. COUNCILMEMBER SCH EL MOVED TO APPROVE A CONDITIO L USE PERMIT FOR RICHARD LUNDBERG 0 ENCROACH ON THE 300 FOOT S BACK FOR AN AGRICULTURAL ACC SORY BUILDING. COUNCILMEMBER FARBE SECONDED THE MOTION. THE MOTIO CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO DENY THE VARIANCE REQUEST T XCEED THE MAXIMUM SIZE OF AN ACCESSORY STRUCTURE IN THE R-1A ZONING 0 TO THE FOLLOWING FINDINGS: . 1. THIS WOULD NOT CAUSE UNDUE HARDSHIP IN THAT THE APPLICANT OULD STILL HAVE THE ABILITY TO CONSTRUCT A 1,424 SQUARE FOOT DET CHED ACCESSORY BUILDING FOR HIS HORSES. I ~'\( ( II !Eli( River AGENDA ITEM 9.5 MEMORANDUM TO: MAYOR AND CITY COUNCIL TROY LANGER, PLANNING INTERN ;1/ 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 2l3th Avenue. LOCATION . 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)/ OS (Open Space) and A (Agriculture) ATTACHMENTS Location Map, Zoning Map, Land Use Map, Survey DIMENSIONAL REGULATIONS . 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). After 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 . 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 2l3th 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 . The area is currently zoned A-l, 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. . scheeLtroy Timothy Scheel June 20,1994 Page 3 . 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. . 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. . schee1.troy \ ~!~; @ Li ! /' i/ " If ~ iF,' -'-'~ I.' I , . , I -~ I, ..... _ ._.~. . o' ",., .' i i ! i , I . I I I I I I I I i I I , I ~ ! I . I .I! J jl .. I " .._ "/ _, I "l I I Ii I; " !I/ Ii I: II j I i r..,. __ ~ ~l ..... ... LOCATION !/ _i L I ..... - .~ . Ciry of -:v~ ' CASE AS 94-09 Elk:,'River?o. Box c90 . 13065 Orono P;;kvo'2V . Elk Ri~e' , , ,,"'" , I , \fl . I I I " I I D , i r I ~h i i , ---, LOCATION MAP ~ ~ 'Q3/ A." 1 -1'" ./ l I ~_.._------ , -'-- @ (/ -\-( .()j City of \:(' Ell{ ~~.ln rm A9rlcullunl eoc...rwtlon @i: s~ Famlty Re~UaI ~ Slngl. F-wly ~ IB19SIn;MF-"'1Ato~ ~~fIWnllY~ ~ Sln<JlehmUy~UaI I I ; ..~""""':,>>"""".,..,.,. ,I '--'~r I i , , I I I 1 l .I ii<: gv ~ [41 i I I L I I ZONING 'MAP @J,..,,_"""";;';;-- Bi!l "- _ _I IBID T~/M~ J=.rnIIy ~~ ~~farntrA~ ~ Pt~Unlt o.....~ [gJ C.ntr., CommereIa.I (gJ orOc. DIGrict CASE AS 94-09 I LOCATION ,/ IQJ........ """"'-'01 lID Uglrt lnctuat,rla/ OIl M.d.Um lnOJl~ ~ Sold """" '-" ~AnlIoftMTO"/Ir.r !MID MIM...I E:r..eantkm ".... -..... I ,1- I I ..1 L / ~ ~ ~ P.O. Box 490 . 13065 Orono Parkway' Elk River. MN 55330 . (612) 441-7420 --T-t- , , I I I , __L :/ -------l_______ i I I I ~....-.-.-..-.t-... . .-.....-r-----. _..._--. \ .--..--....-... ..... _.. H....._. __~"h__ _h_______ '-----T------ ______ ...._ __ ~--- -------1 II : I j" c_"~_', -- I . ~ ' I : : ---~.' 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Highway Business Light Industrial Medium Industrial P OS A LR MR Public Open Space Agricultural LOw Density Residential "'i- Medium Density Residential-@- CASE River p.e: Box-490 . 13065 Orono P-~rkw:lY . Elk Rive~. MN 55330' (612) 41-i420 S B!"OZ'OT' ( ~2J_e~ ~ ~ ;; . .., ~ o ~ ,~ ---------- ~ -.------- o#~/.'I - ,,' 0 . ~ ~ . . ! ~ ~ .. ~ . . . . .. >: ~ . . .. ; ~ , . \1" " . .'~i :1 $_r~sr C~ or THE $""1.;'<1'" TJ<Jr-S""I/" cY (.$I;'r:./~ ".,..,.IJM;.I;.N ~~rr~Nr ., \:......_- '. . (' >: . ~ , 1\ I I . EXISTING , I. +---- I~ ,I I Il I~ ., I~ " I I I Ii : .-_..' 1'':'-;~Q,S2_. >: . . . , , . , i! . . . ~ . o ! 1 S n"IlJ"o"r JJ!10! SS $g'oz'or c ,-.... { 'Cl"71CS-"JI"fYSCC.11 "'IJ'll...UHFfYTHfS"'.. - ~A.rr Ao;>~~c:;- /fi D/ o"'i'C.e.rf EXISTING HOUSE ~JO'~oI'" ,[;';I. 'i1,] , d" " , .1 ,~ ~J'i ~ ,..ltAun ~"'8WO~~'6'1:' ~HE '6cJJ:7S"''', , 'a" ~., ~ " .------""..- HOUSE / '( ...... ..r. " ~~-, ~-........--::-- { - 1.V~,.r ~A..ec'c:::._ ,. .!"J.r7.9CAt!"f / (,' f V ~ . -. . ""~N,Z> , , 10',)4 "\~~; ~...-.,- oil N $!rru'J$' II' S91.e9 ',{ I _.. !KlGOl:IFCE:T"r~s":;,~ MJIIllllINCCt"JME"_,,.. . , I I I . . ~ j > .' . . " . rx~nOA/ , N89'04"/o"" W / 5424/" f -"/II~,y;,"Hf'''' ~".o#~ _.. ';"';1'" r;.,. 3" n~ S~ v~. tJI' T~ sO' 10 fY YC, .~ (; i .\i EYk:rRiver SITE MAP CASE AS 94-09_ "'" ~ P.O. Box 490 . 1:3065 Orono Pa,kw2v . Elk Rjvec ........ .. ~ -...... . ....., AA . . . 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. W~ 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. 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. 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. . . . 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.