7.3. SR 07-15-1996ity of
'ver
ITEM 7.3.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Scott Harlicker, Planning Assistant
July 15, 1996
Mickelson Request for Preliminary
Plat Approval (North Meadows
Corner), 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
Rla (Single Family Residential) / LR (Low Density Residential)
Attachments
· Report to Planning Commission dated June 25, 1996
Background
In 1994 the applicant applied for a preliminary plat, North Meadows 2nd
Addition, to subdivide this property into 14 single family lots. After
investigation into groundwater and wetland conditions, it was determined
that the plat, as proposed, was not feasible at that time. The preliminary plat
was withdrawn.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council/P 96-6
July 15, 1996
Page 2
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.
Variance request
The applicant is requesting a variance to allow a 2.21 acre lot in the Rla
zoning district which requires a minimum lot size of 2 1/2 acres.
The applicant has indicated that the variance is needed because the City, as
a condition of the administrative subdivision approval, required them to
dedicate 17 feet of frontage along County Road 32 to the County so that there
would be a 50 foot right-of-way. This reduced the size of the lot from what
was initially 2 1/2 acres down to the 2.21 acres that is proposed in this
application. The amount of land available to compensate for the dedication is
limited because the applicant constructed a pole barn in a location based on
the original ghost plat which did not include the dedication. Moving the
property line to compensate for the reduced acres would require removal of
the pole barn.
Planning Commission meeting
At the Planning Commission meeting held on June 25, 1996, no one spoke at
the public hearing. The applicant provided the above additional information
to support their request for this variance. Please refer to the Planning
Commission report for additional information.
Recommendation
The Planning Commission and staff recommend the granting of this variance
to allow a 2.21 acre lot in the Rla zone, which has a minimum lot size
requirement of 2 1/2 acres, based on the following findings:
The literal enforcement of the Ordinance will cause undue hardship for
the applicant because the City required the dedication of the 17 feet to
the County after the pole barn was constructed, and the applicant
constructed the pole barn based on information and policy that were
applicable at the time of construction.
s:\planningXscott\p96-6ccx.doc
Memo to the Mayor and City Council/P 96-6
July 15, 1996
Page 3
o
There are special conditions such as existing structures which are
peculiar to this property.
o
Literal application of the Ordinance will deprive the applicant of
property rights enjoyed by other properties in the neighborhood. There
are similarly sized lots across the street and directly adjacent to the
south.
o
There are special circumstances or conditions that are not a
consequence of the applicant's actions. The circumstances are a result
of the City requiring an extra 17 feet for right-of way on County Road
32.
o
The granting of this variance will not be injurious to or adversely
affect the health, safety or welfare of the residents.
Preliminary Plat
This three lot subdivision involves subdividing a 35 acre parcel into three
lots; lot one will be 10.56 acres, lot two 2.21 acres and lot three 22.27 acres.
The lots meet the dimensional regulations except for lot two which needed a
variance because it is less than 2 1/2 acres. Lot I will be accessed from 217th
Avenue, lot 2 will use an existing driveway on County road 32 and lot 3 will
be accessed from County Road 32, which will require a permit from the
Sherburne County Highway Department.
Issues
Setbacks
Two buildings will have to be removed, a concrete block storage building and
a block garage sit on the proposed property line between lots one and two.
The other setback requirements are met.
Wetlands
There are several wetlands and drainage ditches on the property which will
require easements placed over them.
Planning Commission meeting
At the Planning Commission meeting held on June 25, 1996, no one spoke at
the public hearing. Please refer to the Planning Commission report for
additional information
s: \p lanning\scott \p96-6ccx.doc
Memo to the Mayor and City Council]P 96-6
July 15, 1996
Page 4
Recommendation
The Planning Commission and staff 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:
A developers agreement be prepared outlining the terms and
conditions of the plat approval and installation of any improvements.
o
Comments as requested by the Sherburne County Highway
Department be incorporated as part of the plat.
o
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.
Appropriate permits from Sherburne County Highway Department for
any work done within the county right-of way be obtained prior to
commencing work.
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.
o
All wetlands on the site be delineated and wetland joint notification
form be completed and filed.
Drainage and utility easements be granted to the City over the
wetlands and drainage ditches found on lot 1 and lot 3.
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.
o
The existing buildings, which do not comply with the setback
requirements, be removed prior to recording the plat with Sherburne
County.
s:\planning\scott\p96-6ccx.doc
ity of
ver
MEMORANDUM
ITEMS 5.3 & 5.4.
TO:
FROM:
DATE:
Planning Commission
Scott Harlicker, Planning Assistan~'
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
Rla (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
In 1994 the apphcant 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 CommissionfP96-6 & V 96-7
June 25, 1996
Page 2
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 apphed 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 fiat 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 A1 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
June 25, 1996
Page 3
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.
Recommendation
It is staffs opinion that this request does not meet the five standards required to
grant a variance based on the following findings:
The hteral enforcement of the Ordinance will not cause undue hardship
for the apphcant since there is enough acres to adjust the lot line to
comply with the 2 1/2 acre minimum lot size.
There are no special conditions such as topography, vegetation or existing
structures which are pecuhar to this property.
Literal application of the Ordinance will not deprive the applicant of
property rights enjoyed by other properties in the neighborhood.
°
There are no special circumstances or conditions that are not a
consequence of the applicant's action.
The granting of this variance will not be injurious to or adversely affect
the health, safety or welfare of the residents.
Prelimina~. Plat
s:\planning\scott\p96-6.doc
Memo to Planning Commission/P96-6 & V 96-7
June 25, 1996
Lot sizes and setbacks
Page 4
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:
A developers agreement be prepared outhning the terms and conditions of
the plat approval and installation of any improvements.
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
June 25, 1996
Page 5
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.
Appropriate permits from Sherburne County Highway Department for
any work done within the county right-of way be obtained prior to
commencing work.
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.
o
Ail wetlands on the site be delineated and wetland joint notification form
be completed and filed.
Drainage and utility easements be granted to the City over the wetlands
and drainage ditches found on lot 1 and lot 3.
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.
o
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
LOCATION
LOCATION
~, o~ MAP
River
13065 Orono Parkway. P.O. Box 490 CASE:
Elk River, MN 55330
Pq6-6
II I~/ LOCATION
~ ZONING
,, ~,,, ~ . MAP
EI~I ~R~ver
13065 Orono m~kway- P.O. Box 490 CASE: ~
Elk River, MN 55330
NO SCAL[
,Sectie~ 7, Township 55, Range 26
/
NORTH
932.9
x
MEADOWS
950.6
×
X
City Of ~-/k_ RIv~,-
8hwblztle ~MN
CORNER
x o x r .... I x I
O [ .... j
x
949.5
I
T~p ~. ~e ~. ~erbu~e ~unty, ~t~ des~bed u 9~7.5 ..... ~T~ ..........
t~ ~y ~ the fo~ d~d~ ~: Co~enci~ ~[ [he ~ L~e ~ Nor~ 673 ~
9315\
0
943.4
X
933.6 ~ 945.8
x
22.27 ~-
X X 944.2
945 1 x 941.2
X 944.0
9443
x e4e.a
×
X 957.5
X 938.8
x 940.8
939.0 X
951.2
954.4 x
X 953.2
0 I00 200
SCALE IN PEET
I inch = I00 feet
Fol the purposes of this plot, the
West tine of the W I/2. SW I/4,
Sec 7. Twp 33, Rng. 28, is assumed
to bear North 01°31'02" East.
O Denotes I/2 inch x 14 inch iron
monument set with o plastic cop
marked R.L.S. number 8194.
X 942.1
Orolnoge and Utility Easements ore
~hown thus: ~ ,,
~0 [ to
Being IO feet in width and adjoining
right--of-way lines, unless otherwise
indicated, also being 5 feet in width
on'J adjoining lot lines, unless other-
wi.,,e indicated, os shown on the plat.
942.1 x
× 941,4
NOTE:
VARIANC~ NEEDJ~D FOR LOT 2
x 939.9
ASSUMED BENCHMARK:
Obi S~oike In N Face Of 51.h Power Pole
W. Of C.R. NO. 32 O~ S~ Side Of 214th
ELEV = 947.31
OWNER & OEVELOPER:
SURVEYORS & ENGINEERS:
DATE: 5/28/96
BK/PG: DC
DRAWN BY; SLF
CHECKED BY: JO
DWG FILE: SP-NM5
TEXT FILE: PLATS 1~3 :/
6635.30.-03
REVISIONS:
I hereby certify that th;s plan was
prepared by me or under my direct
super'teton and that I om O duly
Registered Land Surveyor under the
lows of the State of Minnesota
Signed:
Dote: 5/28/96 Lic. No. 16095
(e~z)ee,-so.~s (Jo.x)se~-so4e
NORTH MEADOWS
CORNER
ELK RIVER, MN
FOR
Dave & Joyce
Mickelson
Preliminary "SIMPLE" Plat
Jl lt i e
Sherburne County
Highway Department
P.o. BOX 338 - ELK RIVER, MN 55330 · PHONE (612)441-17PP - 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 Comer and Grace Assembly of God Church
Dear Mr. Harlicker:
As requested comments are provided regarding the above referenced plat and site plan:
North Meadows Comer
· 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 Sherbume 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.
J2fiffan M. Cote, P.E.
Assistant County Engineer
I
CON~[LTING ENGINEEi~
1326 Energy Park Drive
St. Paul, MN 55108
612-644-4389
1-800-888-2923
Fax'. 612.644-9446
June 19, 1996
File: 230-328-11
Mr. Steve Ach
City Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
NORTH MEADOWS CORNER
PRELIMINARY PLAT REVIEW
Dear Mr. Ach:
CIVIL ENGINEERING:
ENVIRONMENTAL
i~UNIClPAL
PLANNING
SOLID WASTE
STRUCTURAL
SURVEYING
TRAFFIC
TRANSPORTATION
ELECTRICAL/MECHANICAL
ENGINEERING:
HVAC
POWER DISTRIBUTION
SCADA
SYSTEM CONTROLS
OFFICES IN:
MINNEAPOLIS
PRIOR LAKE
ST. PAUL
WASECA
As requested, we have reviewed the preliminary plat for North Meadows Comer. It was
prepared by John Oliver and Associates and dated May 28, 1996. Based on our review
and comments received at the staff review meeting, we would offer the following
comments:
The plat refers to a variance needed for Lot 2. This is noted in the lower right-
hand corner of the plat. We suspect that this variance is required because of lot
size. We would suggest that it is easy to adjust the lot lines to have this lot
comply with the requirements.
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.
It is our understanding that the exception to the west of this plat is under the same
ownership. We would suggest that piece of property be included in the plat also.
If you have any questions regarding these comments, please call.
Sincerely,
MSA, CONSULTING ENGINEERS
Terry J.%/laurer, P.E.
TJM:tw
328-1909.jun
An Equal Opportunity Employer