03/02/2009 Council Packet - Laserfiche WebLink

Home Search

• • • 1. Parcel B must be increased in size to 2.5 acres to meet the accessory structure requirements of the zoning ordinance. 2. The applicant must record a deed restriction on both parcels that prohibits the sale of either parcel unless combined together. 3. The applicant shall grant to the City an easement for drainage and public utility purposes over Parcel B being 5 feet in width on interior lot lines (side and rear) and 10 feet in width on exterior lot lines (front). The approval letter included specific modifications to the Declaration of Protective Covenants as requested by the City Attorney in order to satisfy the requirements of the Zoning Ordinance, specifically Section 3, Subd. 3.B.2 as amended by the Council. Additionally, the letter outlined the remaining steps to complete the process for dividing the lot. On November 24, 2008 Mr. DeHaven submitted revised copies of the "Deed of Appurtenant Easement," Declaration of Protective Covenants, and a revised Sketch and Description. The revised submittals satisfied the conditions of approval. The applicant was informed that the deed or other legal instrument dividing the property would need to be marked "approved" by the city prior to recording by Anoka County. On December 19, 2008 the City completed closure of the project and escrow account. The remaining escrow balance of $369.80 along with an itemized list of account expenses was returned to the DeHaven's. As of February 4, 2009 the property has not been subdivided. The Anoka County Department of Property Records and Taxation has on record the Declaration of Protective Covenants and the Deed of Appurtenant Easement, but has not received any document providing for the subdivision of the property. Review Chapter 214 of the City Code entitled "Recovery of Costs" establishes the City's requirements regarding escrow accounts and the charging of fees. The intent as stated in the City Code is: "Certain licensed and permitted activities carried on in the city require the assistance of the city engineer, city attorney, city planner, or other city personnel. As these activities primarily benefit private persons rather than the city as a whole, it is appropriate that the cost of these services be borne by those benefitting thereby..." The City Fee schedule, adopted annually by ordinance, establishes the escrow amounts collected at the time of application for each land use request. The escrow fee is based on the typical cost associated with processing that type of application. A minor subdivision, as applied for by the DeHaven's, is an activity that primarily benefits private persons rather than the city as a whole and accordingly is subject to the escrow requirements. J: \correspondence \City Council\houle escrow.doc