05/28/2002 Council Packet - Laserfiche WebLink

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STAFF ORIGINATOR: C.C. MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 7B Tanda Gretz May 28, 2002 Consideration of Minor Subdivision Request and Variance from the minimum lot size requirements of the R -X, Rural Executive Zoning District. Jeff Joyer (for Mr./Mrs. Thorp of 901 Oak Lane), for property located at 901 Oak Lane. 3/5 vote Mr. Jeff Joyer is the real estate agent for Mr. & Mrs. Thorp, who own property at 901 Oak Lane. The property, zoned Rural- Executive (R -X), consists of Lot 28 and Lot 29, Block 2, Lake View Woodlands, combined under one Property Identification Number (PIN). The Thorps would like to subdivide their property into two 100' X 423' lots, and sell the resulting lot to a prospective buyer, Mr. William Neeck. Soil tests have confirmed that the proposed lot could support a septic system, which would be necessary for this location. However, Section 5, subdiv. 2.B.1 of the Lino Lakes Zoning Ordinance requires a minimum lot size of 10 acres for property located in an R -X Zone, which would preclude such a subdivision. Property is defined by its legal description. Every property has a Parcel Identification Number. The County will not allow property to be subdivided unless the City has approved the subdivision. The City uses the PIN and legal description to determine what the parcel is. Since the property in question has one PIN and the legal description included all the property, it is one parcel. Division of any parcel must comply with City requirements, including lot size. Mr. Joyer and the Thorps are questioning when and how the two lots became combined under one PIN. It is their contention that the two lots were purchased separately and should never have been combined under one PIN. Were this the case, Lot 28 would exist as a legal non - conformity and could be sold to Mr. Neeck. What is known, is that in 1983 Anoka County records show that Lots 28, 29, & 30 were owned by the Thorps under one PIN (09- 31- 22- 24- 0030). In 1998 the Thorps sold Lot 30, leaving the resulting Lots 28 & 29 combined as they are at this time. In reviewing such a transaction, the separate sale of Lot 30 in 1998 clearly should not have taken place or been allowed according to City Ordinance, for the same reasons that preclude the sale