11/14/2001 P&Z Packet - Laserfiche WebLink

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• • • Planning & Zoning Board October 10, 2001 Page 12 approximately five feet. The purpose for the proposed action was to settle a question regarding the property boundary. Staff indicated the report was based on the document "Survey For: Emerald Construction ", by Hy -Land Surveying, Inc., dated July 23, 2001. Staff explained that Mr. Dahl was purchasing the lot from Mr. John Tobish. As part of the sale of the property, Mr. Dahl had a survey prepared. The survey determined that the irons marking the property corners were incorrectly placed. That is, the irons are not located according to the legal description of the property. Staff explained that the legal description was a legal description of the property boundaries. However, Mr. Tobish and the neighboring property owners, the Bakers, had always assumed that the iron monuments represent the property line. In order to avoid a dispute over the property boundary, Mr. Dahl prefers simply to split off the strip of land and deed it over to the Bakers. This required a minor subdivision approval by the City. Staff noted the property was zoned Rural. This lot comprised one acre when measured to the centerline of Hodgson Rd. The lot was created prior to the 10 -acre minimum lot size now required in the Rural zone. The strip of land to be removed was approximately 1328 square feet, or 0.03 acre. The application involved a very minor change and poses no concern for public health, safety, or welfare. Staff advised that Mr. Dahl planned to construct a new house on the lot. That would require a building permit. The typical building permit review would address such issues as setbacks, a driveway permit from Anoka County, a culvert under the driveway, and septic system requirements. Staff recommended approval of the minor subdivision with the following conditions: 1. The strip of land of approximately 0.03 acre removed from the parcel must be combined with the lot to the south. Proof of the recording of the new legal descriptions must be furnished to the City by the applicant within 10 days of the recording. Chair Schaps invited the applicant to make comment. John Dahl, applicant, stated everyone was in agreement with this proposal. Mr. Corson made a MOTION to approve the request of John Dahl, 6192 Hodgson Road, for a minor subdivision with the condition in the staff report. The motion was supported by Mr. Lyden. Motion carried 4 -0. Chair Schaps recessed the meeting at 8:40 p.m. Chair Schaps reconvened the meeting at 8:47 p.m.