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8.16. SR 07-17-1995/ ~ ~1~ R1 ITEM 8.16 MEMORANDUM ~~~ TO: Mayor & City Council ~/ FROM: Steven B. Ach, City Planner- ~~. DATE: July 17, 1995 SUBJECT: Request for Establishing a Private Road by David Hauan, Case No. GZ 95-2. Issue Consider a Private Roadway Agreement for David Hauan to accommodate further development of his property. Overview Mr. Hauan is requesting approval of a Private Roadway Agreement to allow the use (and possible sale) of his property. The proposed use that is expected to occur is an outdoor storage area that would be operated by Jim Charest. • Before a new business or use of the property can occur proper access to the property needs to be accomplished. Since there is no public right-of--way or improved road providing access to the property, one of the options would be to approve a Private Roadway Agreement, which is being requested by Mr. Hauan. Background There have been several actions leading up to this point in the process. The following is a summary of staffs understanding of the history of events, based on conversations with Mr. Hauan and information contained within city records: • In August of 1978, Mr. Hauan purchased the 38 plus or minus-acre parcel along with a 30-foot driveway easement from highway 10 to the southeast corner of the parcel. (Exhibit J) • In March of 1979, two 5-acre parcels were divided off the 38-acre parcel. There are no records of the city approving this subdivision. (Exhibit I) • On September 3, 1985, the City of Elk River approves an administrative subdivision for John Weicht to adjust the property line of one of the 5-acre parcels. In addition, the city required a Private Roadway Agreement providing for emergency access to the subject property (Exhibits G and H). • • On May 10, 1995, staff meets with Mr. Hauan and informs him that permits would be necessary prior to any work being done on his property. S: Council/GZ95-2 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo To The City Council July 17, 1995 Page 2 • On May 11, 1995, staff receives a complaint that work is being done on Mr. Hauan's property, whereby Steve Rohlf then issues aStop-Work Order to Mr. Jim Charest, for doing work on Mr. Hauan's property without the appropriate permits. (Exhibit D) Since the Stop-Work Order has been issued, staff and Mr. Hauan have been discussing whether a private driveway has already been approved and provides access to the subject property. A letter from Mr. Hauan's attorney stating their position on this matter is attached. (Exhibit C) Analysis The city Zoning Ordinance discourages the establishment of private streets. However, the city may approve a private street (Exhibit B) if the city determines that: 1. Private ownership will not adversely impact public health, safety and welfare. 2. The design is in compliance with appropriate engineering standards and requirements. 3. A permanent and satisfactory Street Maintenance Agreement, • Association Document (if applicable), and financial assurances exist, ensuring that Citymaintenance will not be required. 4. A permanent and sufficient Right of Access to all users is provided. As mentioned in the Background section above, when John Weicht received approval for his administrative subdivision in 1985, a Private Roadway Agreement was required. This Private Roadway Agreement was extended to serve both of the 5-acre parcels, providing access to Highway 10. It is both staff and City Attorney's opinion that this Private Roadway Agreement was for those 5-acre parcels only, and not the balance of Mr. Hauan's property. Conversely, Mr. Hauan contends that the Private Roadway Agreement, approved by the city, was also to serve his property. Staff has not seen any documentation that would support the Private Roadway Agreement approved by the City, allowing access and further development of Mr. Hauan's property. Therefore, it was suggested to Mr. Hauan that he make a request to have the City Council consider extending the Private Roadway Agreement to serve his property. Extending the private roadway to Mr. Hauan's property will allow for development to occur. Currently, there is interest by Jim Charest to utilize the property as a storage yard for contractor equipment, materials, and other miscellaneous pieces of equipment. In accordance with the Zoning Ordinance, this type of use would be considered a permitted use, and the applicant would not be required to receive Planning Commission nor City S: Council/GZ95-2 Memo To The City Council July 17, 1995 Page 3 • Council review. Approval process would involve staffs review of the applicants site plans illustrating where storage would occur, landscaping and screening, and how the storage area would be improved. Proposed Code Amendment Last month, the Planning Commission recommended approving an ordinance amendment deleting "screened outdoor storage areas" as a permitted use from the I1 and I2 zoning districts. The proposed amendment would require outdoor storage to be "accessory" to a principal use. In addition, the use would be listed as a conditional use which would allow the Planning Commission and City Council an opportunity to review such a request. This code amendment will be presented to the City Council for consideration at the July 24 meeting. Recommendation The City Council may consider one of the following options: A. Approve Mr. Hauan's request for a Private Roadway Agreement with the following conditions: • 1. The Private Roadway Agreement describe a 30 foot easement to the north limits of the property. 2. The new roadway be constructed of a hard surface (i.e., bituminous) as approved by the City Council. B. Deny the Private Roadway Agreement request, and require a publicly dedicated right-of--way from Highway 10 to the subject property. This roadway can then be improved to a desireable standard, and accessible by emergency vehicles and the general public. S: Councff/GZ95-2 ~ssTr+ ue i I ~CC~CA~`~+~~V IV~AP ~ ,64TH • v~ 9r !~'p ,. 163RD -- :-tQ . _ . - _ _ ~; 162ND W W N , 1 : ~ 4 ~ ~ ~ 161ST G ~e '~ ~ i g~ y/Cti~ I 160TH g 4~ ~~ ~~ ~(.~ FP ~ S? 4~ _ . 159TH r`~ : ~,P 158TH s - ~ ~-~ _, -~~ ,. ~, ._ ,~ '~f- i , 67TH -~. _~..- --- --- -- - -- ~ _ _ __ 1 '/ (~~, ~ 1 __ ° ~~ ~ ~' , 156TH ~~~~~ '9 y ~,s~ Np \~9 s~~ W 155TH ___ _ ~ a 155TH W ..\ ~ r `; `a ~~ ,~ e 4 8 ~ ~ W ~ f 154TH 154Tr1 s~ ~ ~` ~` ~ ' ~ ', ~ . ~ ~ H ~!~ 153RD z 153RD --._ __. ~ -_ ~ - - - o Y s ~~ J r ~ ~ O . ~ Q. Z ~ ~3~~ 152ND • oQ 152ND ~ z 0 '. „}~ w ;_ -~ -- -- -s~,a~c caws. ~~ Z ~ Z Ncnncrw axmn ~""-- ° ~ _ '~- Z -~ O Ao, ~ Z_ o O O `~~ J Z Z Z W ,. O O z 5 z w ~ 5 = w O ~ ~~ W! 4.1 ~ i ... r ~ ,.y ~XMIBIT B `. neighboring land is platted and developed, and access • becomes possible at a preferred location, such temporary entrance permits shall become void, at the discretion of the City Council. N. Half Streets- Half streets shall be prohibited except where it will be practical to require the dedication of the other half when the adjoining property is subdivided, in which case the dedication of a half street may be permitted. The probable length of time elapsing before dedication of the. remainder shall be a factor considered in making this determination. O. Private Streets - Private streets shall not be preferred nor shall public improvements be approved for any private streets. Private streets may be approved only if the City determines that: i. Private ownership will not adversely impact public health, safety and welfare. ii. The design is in compliance with appropriate engineering standards and requirements. ~• iii. A permanent and satisfactory street maintenance agreement, association document (if applicable), and financial assurances exist ensuring that city maintenance will not be required. iv. A permanent and sufficient right of access to all users is provided. P. Hardship to Owners of Addjoining prc~nerty - Street arrangements for the proposed subdivision shall not cause undue hardship to owners of adjoining property in subdividing their own land and providing convenient access to it. Q. Dedication - All proposed streets shown on the plat shall be in conformity with the Comprehensive Development Plan and County comprehensive plans and shall be offered for dedication as public streets. R. Double Frontage Lots - Double-frontage lots with frontage on two (2) parallel streets or reverse frontage shall not be permitted except where lots back on an arterial or collector street. Such lots shall have an additional • depth of at Least ten (10) feet to accommodate vegetative screening along the back lot line. 10.37 -x ~ yet. ,^r .~..i .u., .._~.~ ...~ x,.,....w... <, PHONE (612) 421-5151 FAX (612) 421-3618. June 7, 1995 ~X~~7 Babcock Locher IAMES M. NELSON FELIX A. MANNELLA ROBERT F. MANNELLA Neilson ~ Marlnella sTF ~ A K H A T T O R N E Y S A T L A W GREGORY J. HELLINGS RANDALLJ.FULLER I IS EAST MAIN COLEEN J. CARLSTEDT-JOHNSON ANOKA, MINNESOTA 55303 F. ANTHONY MANNELLA EDMUND P. BABCOCK - of Counsel LANDOL J. LOCHER • of Counsel Gary Schmitz Planning Assistant City of Elk River 13065 Orono Parkway P. O. Box 490 Elk River, MN 55330 Re: David A. Hauan Enclosed find the following regarding the above: 1. Certificate of Survey by John 0. Oliver dated August 18, 1978 covering part of the Southeast Quarter and part of • the Southwest Quarter of the Northeast Quarter, Section 13, Township 32, Range 26, Sherburne County, Minnesota. 2. Certificate of Survey by John O. Oliver dated March 7, 1979 covering part of the Southeast Quarter, Section 13, Township 32, Range 26, Sherburne County, Minnesota. 3. Copy of Contract for Deed from Adolph Quist and Alice M. Quist, husband and wife, to Dean A. Hauan and Anna R. Hauan, husband and wife, an undivided one-half interest as joint tenants, and David A. Hauan and Clare M. Hauan, husband and wife, an undivided one-half interest as joint tenants, dated November 20, 1978, recorded March 24, 1981 as Document No. 164435 covering the property in the survey dated August 18, 1978. 4. Copy of Warranty Deed from Adolph Quist and Alice M. .Quist, husband and wife, to David A. Hauan and Clare M. Hauan, husband and wife, as joint tenants, dated and recorded April 13, 19.79, as Document No. 154412 covering Parcel B in the survey dated March 7, 1979. 5. Copy of Warranty Deed from Alice M. Quist, widowed and not remarried, to Dean A Hauan and Anna R. Hauan, husband and wife, an undivided one half interest as joint tenants, and David A. Hauan and Clare M. Hauan, husband • and wife, as undivided one-half interest as joint tenants, dated May 3, 1985, recorded June 19, 1985 as Document No. 189412 covering all of the land in the survey dated August 18, 1978, except Parcel B. 6. Copy of Warranty Deed from David A. Hauan and Clare M. Hauan, husband and wife, to Peter Chalich and Ruth M. Chalich, husband and wife, as joint tenants, dated March 9, 1984, recorded March 16, 1984 as Document No. 180628 covering Parcel B in the survey dated March 7, 1979. 7. Copy of Warranty Deed from Dean A. Hauan and Anna R. Hauan, husband and wife, and David A. Hauan and Clare M. Ha~}an, husband and wife, to Ryan's Pitstop, Inc., a Minnesota corporation, dated June 19, 1985, recorded August 5, 1985 as Document No. 190455 covering Parcel A in the survey dated March 7, 1979. The deeds covering Parcels A and B (Document Nos. 154412,.180628 and 190455) all provide "subject to and .together with" the driveway easement. Each parcel received the driveway easement but also was subjected to the driveway easement.' Therefore, the Hauans' remaining parcel lying northeasterly of Parcel B has a driveway easement from Highway 10 to their property which also crosses Parcels A and B. • Hauans' remaining parcel is a parcel of record established at the time that the original Parcel B was conveyed on April 13, 1979 and has the benefit of the easement over Parcels A and B, together with the driveway easement established in the'Contract for Deed Document No. 164435 and in the Warranty Deed Document No. 189412. Therefore, there should be no reason.. to stop the Hauans from working on.their property and having the use of their rightful driveway easement. Very truly yours, James M. Neilson JMN/jz Enclosures cc: David A. Hauan • EXHIBIT D r~ Building' and Zoning Department STOP ORDER This building and (or) parcel does not meet al! state and local building codes or is in violation of the Elk River City Ordinance. Ail building or other activities must stop at once. Violations are listed below. r~ ~J 1. ~-ToP A« G~i~diy~Qc~~a;T~~ s 3 a Please call 441-4900 before any activity is resumed. Failure to contact our department could result in possible legal action. Gi~y ©# El~c Rider 13065 Orono Parkway Elk River, MN 55330 ~ ~~_ ~~~ pA7E ~ iNSP~~iOfl r1 U ~~ <<r of Elk' fiver May 12, 1995 Dave Hauan 1$341 Jarvis Street NW Elk River, 1VIN 55330 Dear Mr. Hauan: • ~XHIBiT E On May 11, 1995, Steve Rohlf, Building and Zoning Administrator, issued a stop work order to Jim Charest for all grading and business activities to stop immediately on your 28.45 acre parcel, legally described as part of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4, Section 13, Township 32, Range 26, Sherburne County.. Attached is a copy of this stop .work order. As we had discussed on Nlay 8, 1995, all work must. cease at this location until the proper permits have-been obtained. Please advise Mr. Charest on this requirement. The City of Elk. River will advise you on the proper permits to obtain to request a business of this type in this area. If you have any questions concerning this matter, please feel free to call me at 441-4914. Sincerely, Gary Schmitz Planning Assistant n U s:planning:hauan 13~6~ Orono Pnr!~~.v~,,., • P n F,t, 1~~r~ • F1k River tits `~ ; ;~ . ; h i ~`, ~ ~ 1-7-~?t; • FaY: rF 1 ?) 1i.~ : -^'? r a{ uy oe lk~ River May 23, 1995 Dave Hauan 16341 Jarvis Street NW Elk River MN 55330 Dear Mr. Hauan: EXHIBIT F This letter is meant as a follow-up to the conversations you had with City Planner Steve Ach and myself related to a potential truck and machinery storage business on your property located in the southeast corner of the city near Highway 10. A summary of this • issue is as follows: On May 11, 1995 Steve Rohlf issued a stop work order to Tim Charest for all grading activities to stop. At that time the City was informed about the proposed truck storage business. On May 12, 1995 I sent you a letter requesting that all work. cease at this location until the proper permits have been obtained. Enclosed is a copy of this letter. Section 900.20(10) of the Elk River Zoning Code requires that every building be on a lot abutting and having access to a street. Section 1008.14 of the Elk River Subdivision Ordinance requires that all lots abut and have direct access to a street. Street is defined in the Zoning and Subdivision Ordinance as an accepted public right-of--way or a private right-of--way approved pursuant to Section 1008.14(5)(0) of the Subdivision Ordinance. This section requires that private streets be approved only if the City determines that: • Private ownership will not adversely impact public health, safety, and welfare. The design is in compliance with appropriate engineering standards and requirements. • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 5330 • (612) 441-7420 • Fax: (612) 441-7425 • A permanent and satisfactory street maintenance agreement, association document (if applicable), and financial assurances exist ensuring that City maintenance will not be required. • A permanent and sufficient right of access to all users as provided. City stafi"has researched City records and reviewed the records which you have provided regarding access to your property. The City has no record of this property having access to a public street or a private street approved by the City. Therefore, before site plan review for your proposed use of the property can begin, you must obtain lawful access to the property (~y means of a public street or approved private street. This can be .accomplished by seeking approval of a private street as provided in Section 1008.14 of Subdivision Ordinance or, filing a petition on behalf of the owners of your property and the other properties over which your existing access driveway is located to have this access upgraded to City standards and accepted as a City street. Until either. of these options is accomplished, no further site work maybe conducted and no business maybe operated on your property. If you have any questions concerning this matter, please feel free to call me at 441-4914. Sincerely, ~~ sum • Gary Schmitz Planning Assistant Enclosure • splannnig•.hauan523 9. • The City Street Superintendent, Phil Hals, stated that t matched sets of tires for the two 1978 IH Tandem Dump Tz G intendent indicated that the tires he is looking at are Good Year Steel Belted Radial Traction Grip and are purchased through the Hennepin County Purchasing Coop for $171.28 each totalling $2,740.28. The City Street Superintendent further indicated that he was requesting the Council to approve the addition of "Power Down" hoists for the two Tandem dump trucks which would be used for winter snow hauling. The Street Superintendent noted that the Power Down body hoists would help speed up the process in winter snow removal. The Street Superintendent further noted that the trade-in price of the hoists could be included on the 1985 Equipment Certificates. COUNCILMEMBER WILLL9NIS MOVED TO AUTHORIZE THE CITY STREET SUPERINTENDENT TO PURCHASE TWO SETS OF TIRES FOR THE TWO 1978 IH TANDEM .DUMP TRUCKS AND ALSO TO PURCHASE POWER DOWN BODY HOISTS FOR THE TWO TANDEM DUMP TRUCKS AND FURTHER THAT THE COST OF THIS EQUIPMENT BE PUT ON EQUIPMENT CERTIFICATES COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Park Shelters - Lion's Park The Street Superintendent addressed the Council and stated that he would like per- mission to advertise for bids for suppliers to furnish the materials to build four open shelters in the Lion's Park. He further noted that the materials would be delivered to the park and assembled by Street Department personnel. The Street Superintendent stated that the shelters would be paid for from the monies received from the MN.Lawcon Grant and further indicated that the estimated cost for the shelters would be approximately $6,000 per shelter. COUNCILMEMBER SCHULDT MOVED TO AUTHORIZE THE STREET SUPERINTENDENT TO ADVERTISE FOR BIDS FOR FOUR OPEN SHELTERS TO BE LOCATED IN THE LION'S PARK. COL'NCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Administrative Subdivision Request by John Weicht/Public Hearing Mr. Rick Breezee, the Building and Zoning Administrator, indicated that Mr. John Weicht was requesting an administrative subdivision to move an existing property line approximately 15' feet so that a new structure, which was recently built by Mr. Weicht,~would meet the City's setback requirements. The Building and Zoning Administrator indicated that the office facility being constructed on the property was for a trucking operation. The Building and Zoning Administrator further stated that in order to grant the a ministrative su ivision, a private road agreement wou ave to a entere into wit t e City o E River because there is no roa at t e present time to access t e property, an a so t at t e roa eing ui t into the property shoul e ar sur ace and dust free. Mayor Hinkle opened the public hearing. There was no one for or in opposition of the matter. _ _ __ Mayor Hinkle closed the public hearing. Mayor Hinkle stated that the park dedication fee for Mr. Weicht's Administration Subdivision would be waived. MR. AND COU dBER GUNKEL MOVED TO APPR( STIPULATION THE ADMINISTRATIVE SUBDIVISION REQUEST BY HAT A PRIVATE ROAD AGREEMENT BE ENTERED INTO JOHN WEIGHT W'. 'HE ROAD BEING BUILT I ER ENGSTROM SECONDED THE MOTION. BE HARDSURFACED AND E MOTION PASSED 4-0. DUST FEE. 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