08/28/2000 Council Packet - Laserfiche WebLink

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AGENDA ITEM 7 B STAFF ORIGINATOR: Mary Kay Wyland MEETLNG DATE: August 28, 2000 TOPIC: Steve Benesch, 8251 Lake Drive, Minor Subdivision VOTE REQUIRED: Simple Majority DESCRIPTION: Steve Benesch is requesting a minor subdivision at 8251 Lake Drive that would add a 1,777 square foot triangle (24 x 144) to his existing parcel of property in order to correct an encroachment onto the neighbors property created when a garage slab was placed over the property line. The property owner at 8255 Lake Drive, Dave & Debbie Stoppelman, have agreed to sell this triangular parcel to Mr. Benesch. The Stoppelman parcel is a "flag lot" with a 50' x 255' strip of property leading to a larger, 166' x 308', parcel. Their total parcel is 2.35 acres in size. The driveway is located on the northerly side of the 50' strip of property. Mr. Benesch's parcel is .72 acres in size. The properties in question are currently Zoned Rural and guided for low density sewered residential development in the Draft Comp Plan. The two parcels under consideration were created prior to establishment of the10 acre minimum and are considered pre- existing non - conforming lots of record. The triangular piece to be split from one parcel and given to the other is insignificant in comparison to the overall rural lot minimum requirements. The adjoining property owners have agreed to sell the triangular piece of property to Mr. Benesch. It does not appear that the existing driveway to the Stoppelman home will be adversely affected by the location of the garage and Mr. Benesch has limited space for relocation of the slab. The proposed garage and slab will meet all setback requirements with approval of this subdivision, as the structure will be 5' from the side property line and more than 40' from the front property line. Mr. Benesch was unaware of the building permit requirements when he poured his slab which created the encroachment and necessitated the subdivision. The Planning and Zoning Board reviewed this request at their August 9, 2000 meeting and recommended approval with the following conditions: 1. Proper building permits are issued prior to any additional construction. 2. The minor subdivision shall be recorded with Anoka County prior to issuance of any building permits. 3. Additional right -of -way shall be deeded to Anoka County for the future