8.4. SR 08-19-1996ity of
ITEI~ 8.4.
'ver
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Kendra Lindahl, Zoning Assistan~A6~~
August 19, 1996
SUBJECT: Astrid McBeath, Request for
Administrative Subdivision for Two Lots,
Case No. AS 95-5
Request
Astrid McBeath is requesting an administrative subdivision to replat Lots 16-20,
Block 2, Fifth Camp Cozy to create two lots.
Location
The property is generally described as lying south of 189th Street NW and west
of Ogden Avenue NW. The southeast 1/4 of the southeast 1/4, Section 30, Twp.
33, Range 26. PID # 75-462-0245, 75-462-0250, 75-462-0255.
Zoning/Land Use
R-lb (Single Family Residential)/MR (Medium Density Residential)
Attachments
Location map
· Zoning map
· Survey of administrative subdivision
Background
The five existing lots will be replatted into two lots. The five existing lots
currently do not meet the minimum lot size or frontage requirements. Tract A is
a 0.74 acre lot and Tract B is a 0.80 acre lot. The existing house and accessory
buildings are located on Tract A, at 18862 Ogden Street NW. In 1985, a
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
building permit was issued for the home, but the garage was already
constructed.
The existing garage is located in the Ogden Street NW right-of-way. Neither the
garage nor the outhouse meets setbacks. Currently, 189th Avenue NW and
Ogden Street NW are unimproved streets. Staff recommends that both the
garage and outhouse be moved to meet setbacks when Ogden Street is improved.
Additionally, the property has a planter located on the lot line between Tract A
and Tract B. Currently Tract B is vacant, but staff recommends that the planter
be moved to meet setbacks prior to recording the administrative subdivision.
Access
Staff recommends a ten (10) foot easement along Ogden Street NW, and five foot
drainage and utility easements along the side lot lines. These easements are
typically provided on single family lots when platted. Currently, both 189th
Avenue NW and Ogden Street NW are unimproved streets. Ogden Street NW
ends at Tract A, and will have to be extended in the future to provide access to
Tract B. At that time, the garage and outhouse on Tract A will be moved to
meet setbacks.
Natural Features
This property abuts the Elk River and, therefore, it is in the Urban River
Shoreland Management District.
The Shoreland Ordinance requires a 160 foot lot width for unsewered lots in the
Urban River District. Structure setback for this district is 100 feet from the
ordinary high water mark. The setback for the sewage treatment system is 75
feet from the ordinary high water mark.
Although the two new lots do not meet the Shoreland Ordinance requirements
for minimum lot width or minimum lot size, they are significantly larger than
the existing lots. Any new buildings will be required to comply with all
setbacks. Staff believes this complies with the spirit and intent of the ordinance.
Park Dedication
Staff recommends a cash payment of $550.00 for the new lot being created. The
Park and Recreation Commission reviewed this proposal at their August 7, 1996,
meeting and recommended getting a thirty (30) foot easement to the river for a
canoe access. If the Council recommends establishing a thirty foot easement for
access to the river, the appropriate park dedication credit will be given.
S:\PLANNING\KENDRA\AS96-5.DOC
Surface Water Management Impact Fee
Although this property is located in the urban service district, it does not
currently have city sewer and water. In order to remain consistent with past
administrative subdivision requests, the Surface Water Management Impact Fee
of $61.80 for parcels without city services should also be a condition if the
administrative subdivision is approved.
Recommendation
Staff recommends approval of the administrative subdivision request to replat
Lots 16 - 20, Fifth Camp Cozy into two lots; with the following conditions:
1. Payment of Park Dedication fees in the amount of $550.00 shall be prior to
recording this Registered Land Survey.
2. Payment of a Surface Water Management Impact Fee in the amount of
$61.80 shall be paid to the City prior to recording the Registered Land
Survey.
3. A ten (10) foot easement along Ogden Street NW shall be granted to the City
prior to recording the Registered Land Survey.
4. A five (5) foot easement along each side lot line shall be granted to the City
prior to recording.
5. The garage and outhouse will need to be moved, at the homeowner's expense,
to meet setbacks when Ogden Street NW is improved.
S:\PLANNING\KENDRA\AS96-5.DOC
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LOCATION
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Elk River, MN 55330
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Elk River, M~ 55330
REGISTERED
LAND
SHERBURNE
SURVEY NO.
COUNT f, MINNESOTA
50 I0o
SCALE
IN
I INCH : I00 FEET
APROX. EASTERLY
NORMAL HIGH
WA TER MARK
~'~-- 79.00+/-
///
/ - POINT OF BEGINNING
SHORE LINE ~
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?.14.00+/- 165.46
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/ SEPTIC
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.... NSg*54'O4-"W ....
29160
S88'57'38"E _ __ __
POINT
-~+/'-
~ $outh Line Of SE I/4 of the SE I/4
of Sec 30, Twp 33, Rng 26
%%"' '- t6" WHITE
.-, ,.-:..:.\
- ·' .~-_ ENCH MARK
RR SPIKE IN WEST
''/ ~ FACE OF TREE.
. ~ - DRIVEWAY
. ~- o ELEV.=B90.61
N TER
x 895.99
x 898.3g
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x 889.34
x 897.12
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WITNESS CORNER
A SHERI]URNE CO.
MONUMENT ~
I
SE Comer of the SE I/4
of Sec 30, Twp ,:73, Rng 26
0
0
For the purposes of this survey, the
South line of Southeast I/4 of Section
50, Township 5.3, Range 26 to bear South
88°57'38'' East.
JLM~ Denotes cost iron ,Judicial Landmark
Monument. Set pursuit to Court
File No.# C6-86-1279.
× ~97.12 Denotes existing ground elevation.
Denotes iron pipe set with o plostic
plug stomped R.L.S. 8194.
Denotes found iron monument per
ELK RIVER TOWNSHIP ROAD RIGHT-
OF-WAY PLAT NO.# 1.
,' o~p Denotes apple tree
JOHN
OLi VER &
SHEET
CIA TE$,
~ SHEE
3F
REGISTERED
LAND
SHERBURNE
SU, VEY NO.
COUNTY, MINNESOTA
I hereby certify that in accordance with the provisions of Chapter 508, Minnesota Statutes of 1949, as amended, I have
su,,weyed the following described property situated in the County of Sherburne, State of Minnesota, to-wit:
All that part of the Southeast quarter of the Southeast quarter of Section 30, Township 33, Range 26, Sherburne County,
M~nnesota, described as follows:
Beginning at the point of intersection of the South line of said Southeast quarter of the Southeast quarter with
the easterly normal high water mark of the Elk River; thence South 88 degrees, 57 minutes, 38 seconds East along
said South line for approximately 346 feet to a monument placed to mark the intersection of the Westerly and South
lines of the right-of-waY of 189th Avenue N.~. as evidenced by ELK RIVER TO~YNSHIP ROAD RIGHT-OF-WAY PLAT NO. 1 (to
be hereinafter referred to as said PLAT NO.1), recorded as Instrument No. 139255 files of the Sherburne County
Recorder; thence North 5 degrees 44 minutes 04 seconds East along said Westerly line of the right-of-waY for 298.64
feet to another monument placed according to said PLAT NO. 1; thence North 22 degrees 50 minutes 33 seconds West
along said ~/esterly line of the right-of-waY for 131.92 feet; thence South 49 degrees 49 minutes 19 seconds West
for 197 feet, more or less, to intersect said easterly normal high water mark of the Elk River; thence
southeasterly, southerly, and south~,esterly along said easterly normal high water mark of the Elk River to the point
of beginning, excepting therefrom ti~e following:
Beginning at the point of intersection of the South line of said Southeast Quarter of the Southeast Quarter with
the easterly normal high water mark of the Elk River; thence South 88 degrees 57 minutes 38 seconds East along
said South line for approximately 346 feet to a monument placed to mark the intersection of the Westerly and
South lines of the right-of-waY of 189th Avenue N.W.; thence North 5 degrees 44 mi~nutes 04 seconds East along
said Westerly line of the right-of-waY for 51.56 feet to the point known as Point "A for the purposes of this
description; thence North 89 degrees 54 minutes 04 seconds West for approximately 337 feet to intersect said
easterly normal high water mark of the Elk River; thence southwesterly along said easterly normal high water
mark of the Elk River to the point of beginning. Said property formerly known as Lots 16 through 20 inclusive,
Block 2, THE FIFTH PLAT OF CAMP COZY, Sherburne County, Minnesota.
I further certify that this Registered Land Survey is a correct delineation ol said survey dated this day of
1996.
John O. Oliver, Land Surveyor
Minnesota Lic. No. 8194
This Registered Land Su?wey was approved and accepted by the City Council of the City of Elk River, Minnesota, this
day of 1996.
Mayor
By:.
Clerk
Attest:_
Pursuant to Sherburne County Ordinance No. 006, I hereby certify that this Registered Land Survey has been checked and
approved as to compliance with Chapter 508, Minnesota Statutes this day of 1996.
Sherburne County Surveyor
Approved as to form and execution this ...... day of
1996.
, Elk River City Attorney
No delinquent taxes due and transfer entered this
day of
1996.
Sherburne County Auditor
I hereby certify taxes payable in the year .... on lands herein described are paid in full this
1996.
day of
Sherburne Coan[y T~easu~:'
I hereby certify that this instrument was filed in the Office of the Registrar of Titles for record on this day of
1996 at o'clock ....... M. and was duly recorded as Torrens Document No. ---'
Sherburne County Registrar Of Titles
JOHN OLIVER &' A S.-.qOCIA TE$, INC.
SHEET I OF 2 SHEETS