06/24/1996 Council Minutes (2) - Laserfiche WebLink

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• • • COUNCIL MEETING JUNE 24, 1996 The staff has reviewed the request and is recommending approval of the request with the condition that a $500.00 park dedication fee be required for the 10.01 acre parcel and that this fee be collected prior to recording of the subdivision with Anoka County. The Planning and Zoning Board reviewed this item at their June 12, 1996 meeting and recommended approval with the Park Dedication fee requirement. Council Member Lyden moved to approve the minor subdivision with the requirement of the park dedication fee of $500.00. Council Member Kuether seconded the motion. Motion carried unanimously. Minor Subdivision, Molly and Jim Jungbauer, 2207 Deer Pass Trail - Mr. and Mrs. Jungbauer are requesting a minor subdivision to add five (5) feet to their property from the adjoining property. The purpose of this minor subdivision is to correct the existing encroachment on the east side of their property which contains a retaining wall and stairway and establish a minimum five (5) foot setback for the existing deck and eliminate future mortgage and/or resale problems. The property is zoned Rural Executive and indicated as Rural on the Comprehensive Land Use Plan. The Zoning Ordinance requires a minimum setback of five (5) feet from the property line for any deck. The minimum lot area in a Rural district is 10 acres, however, this area was platted prior to the 10 acre rule and the average lot area on the north side of Deer Pass Trail is 11,500 square feet with a lot width of 70 feet. The Jungbauer property is 70 feet by 165 feet or 23,000 square feet. The Jungbauer residence was constructed in 1986 with an addition in 1988. The deck was added by the previous owner sometime after 1988. When the home was originally constructed, the site included two (2) lots although they were not legally joined. The owner subsequently lost title to the adjacent property. Splitting five (5) feet from the adjoining double lot will reduce that lots width from 140 foot width to 135 feet. However, a setback of 18 to 20 feet between the new property line and the existing garage will be maintained. The Zoning Code requires a five (5) foot setback from the garage. Staff has reviewed this request and is recommending approval. Adding five (5) feet to the Jungbauer property will eliminate an existing encroachment, maintain or exceed the required setback for the deck and eliminate future problems with resale or refinancing of the property. The adjoining property owner has agreed to the subdivision and will be transferring title of the five (5) feet to the Jungbauer's if the subdivision is approved. Staff is also recommending that the five (5) foot parcel be attached to the Jungbauer's existing property. The Planning and Zoning Board reviewed this item and recommended approval. At their meeting, Mr. Jungbauer requested that his application fee of $250.00 be refunded as the setback problem was not of his making and he is merely correcting an existing problem. PAGE 15