7.8. SR 09-19-1994
r/~\)
( )j
!Ii{
AGENDA ITEM 7.8
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COUNCIL
GARY SCHMITZ, PLANNING ASSIST. 0~
DATE:
SEPTEMBER 19, 1994
SUBJECT: ADMINISTRATIVE SUBDIVISION
REQUEST BY RICHARD HETLAND,
PUBLIC HEARING, CASE NO. AS 94-15
REQUESTED ACTION
An administrative subdivision to divide an existing 1.36 acre parcel into a .95
acre parcel and a .41 acre parcel.
LOCATION
.
(18810 Boston Street, Elk River, MN) Part of the northeast quarter of Section
32, Township 33, Range 26, Sherburne County, MN, intersection of Boston
Street and the former 188th Avenue (now a bike/walking trail). A complete
legal description is available at City Hall.
ZONING / LAND USE
Rlc (Single Family Residential) / MR (Medium Density Residential)
ATTACHMENTS
Location Map, Zoning Map, Site Plan
OVERVIEW
Richard Hetland is requesting an administrative subdivision to subdivide an
existing 1.36 acre parcel into a .95 acre parcel and a .41 acre parcel. Mr.
Hetland currently resides on the overall parcel and would like to further
subdivide to help pay the costs of City sewer and water assessments.
BACKGROUND
.
The subject property is an unplatted parcel which is situated between the
Westwood subdivision to the north and Islandview Third Addition to the
P.O. Box 490. 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
CC, Hetland
September 19, 1994
Page 2
.
south. The property was assessed for two parcels with the extension of City
services as part of the Westwood subdivision improvements, which took place
in 1992. Both Parcel A and Parcel B as proposed would have lakeshore
access to Lake Orono therefore, the Shore land Ordinance would also apply.
DIMENSIONAL REGULATIONS
Parcel A is proposed to be .95 acres (41,382 square feet in size) and Parcel B
is proposed to be .41 acres (17,859 square feet in size). The Rlc (Single
Family Residential) zoning district requires a minimum lot size of 10,000
square feet, therefore, each lot exceeds City standards in lot area. The
minimum width requirements for the Rlc (Single Family Residential) zoning
district is 80 feet. Each parcel can meet this requirement, however, the 80
feet of right of way is located on the former 188th Avenue which was
converted to a bike/walking trail by the City in 1992. Boston Street currently
dead-ends at the applicant's existing driveway. Each parcel would receive
access from the initial driveway point (188th Avenue).
.
Prior to the Westwood area improvements in 1992, 188th Avenue functioned
as a City street between Albany Street and Boston Street. During these
improvements the City closed a few of the east-west streets and replaced
them with biking/walking trail to limit some of the unnecessary traffic
patterns. 188th Avenue between Albany Street and Boston Street, which is
where Mr. Hetland receives access, was one of these areas converted to a
bike/walking trail. Although Mr. Hetland has enough frontage to meet City
Code, the frontage is on a platted right of way not a functioning City street.
It is staff's opinion that, due to the circumstances, two parcels in this location
could access the City street from one driveway and not cause any additional
traffic problems. This situation was created not through an action by Mr.
Hetland but due to the City changing 188th Avenue from a City street to a
bike/walking trail. If this proposal is approved, a cross access agreement
between Parcel A and Parcel B will need to be recorded prior to the recording
of the plat.
SWIMMING POOL
.
Mr. Hetland currently resides in the existing home located on the proposed
Parcel A. There is an above ground pool located on the north side of this
parcel. Swimming pools are required to meet an eight (8) foot setback from
all side and rear property lines. As shown on the survey, the existing pool is
approximately three (3) feet from the proposed new lot line. Mr. Hetland has
indicated that he is trying to sell the pool. Since the pool would abut the
hetland.council
CC, Hetland
September 19, 1994
Page 3
.
vacant Parcel B, staff feels comfortable allowing Mr. Hetland one year to
either remove the pool entirely or move it to meet the eight (8) foot side and
rear yard setback.
SHORELAND ORDINANCE
Both parcels abut Lake Orono, therefore, the Shoreland Ordinance does
apply to the administrative subdivision request. Lake Orono is a general
lake development which requires a fifty (50) foot structure setback from the
ordinary high water mark for areas with City services. There appears to be
ample room on Parcel B to construct a home while meeting all City setback
standards.
PARK DEDICATION
With the creation of a new parcel, park dedication in the amount of $450.00
will be a condition of approval.
STORM WATER IMPACT FEE
.
In order to remain consistent with past administrative subdivision requests,
a storm water impact fee of $100 for parcels with City services should be a
condition of approval.
RECOMMENDATION
It is recommended the City Council approve the Administrative Subdivision
request by Richard Hetland to divide a 1.36 acre parcel into a .95 acre parcel
(Parcel A) and a .41 acre parcel (Parcel B) with the following conditions:
1. A CROSS ACCESS AGREEMENT FOR DRIVEWAY PURPOSES
BETWEEN PARCEL A AND PARCEL B BE COMPLETED PRIOR TO
THE RECORDING OF THE ADMINISTRATIVE SUBDIVISION.
2. THE ABOVE GROUND POOL LOCATED ON THE NORTH SIDE OF
PARCEL A BE ALLOWED ONE YEAR TO MEET THE REQUIRED
EIGHT (8) FOOT SIDE AND REAR YARD SETBACK.
3. PARK DEDICATION IN THE AMOUNT OF $450.00 BE PAID PRIOR
TO RECORDING THE ADMINISTRATIVE SUBDIVISION.
4. STORM WATER IMPACT FEE IN THE AMOUNT OF $100.00 BE PAID
PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION.
.
hetland.council
.
'"
LOCATION
.
,
CIty of
Elk River
LOCATION MAP
.
CASE: AS 94.15
t.!
f
/1
"
,',','
'J
"
~'...... .
"j
.
~-...,-.
....,.-,
;..-
,-,
"
.''";'"
r~-
i / i _'
, ,
r.
,
,
.
"
"
~". .
!t
1'0$t;
Ii
II"''''''
; :~';'~~~~
liR3
I'
o.orrr....u
l'>.l.~"
,
,
-01"
.::::::
.....
............
..........
. . . . . . . . . .
ZONING MAP
. /(~
EYitrRiver
CASE AS 94-15
~
@
.
P.O. BOl( 490 . 1-06
~ 5 Orono" '
.. -:.nc.vav
. Elk Ri
;ve,.. M"<
553:30 .
(-5~:~ ~L7J.;1I
.
SURVEY
'"
\
"
, ~
" 0
"~ '~
"' "
. .
"
\ ~
0
2 i,'
0
0::
0
.
FOR:
Die K
HETLAND
:~./ E.~: 7" M,I(:,(., fJ
,
IItttttltti
[2]
~'D r
~_::;:_'I-::~D/ 1//;.5.'01'./
'\
')
"
"
t -;
~ .:.'
, ,-
~ 'J'J
~ c
l" (!J
~
,-
~tJ
OJ
["::
\-"-
'"
t"/ .[ s T ;'\. '.-:~
> L;
d
f' !
~; ~I POINT OF BEGINNING OF
, I ~ ./ LINE" AS DESCRIBED
'" _ (" :/r aR_~ I ERL Y
~SIH
\ ~ -- w..$ ~ --
_ 8e ,;>c>
:SI J ,,:.4- (.
'I .
h-!';'
_ ZH.1'L
W<C.~ I
"
"
~,
,<:
00
~'v .0'
"G ~~4
~... .....+<:J
<? ~o~
<0
,
,
i
I
=~~ I
-'1.-7.!.94- -
[' .. 'J'
4j.~~",
';';~D~" d -
,P..'
-"---
1
J 0
"
, ,
\: ;
~ '{
~
"
''I
\
,
,
.
Q
......... _ _ 60' <) 0 -
...........---------
\
\
,
\>-
c,<(,.'v
<?\>-~
L
VNcO I
. I:
-~
B
--------......
'"
'"
\
\
\
\
)
!
I
!
o
~f'
. ,
\ ~\1
\
,\
\
\,
"
. j"~
io'
,
I
;
P
J
"
,0 i
; /
-_? /
<
._--/51 ~ ~ I. !~I' -"
CASE: AS 94.15