2001-169 Council Resolution - Laserfiche WebLink

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STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: VOTE: AGENDA ITEM 7 A Jeff Smyser October 22, 2001 Resolution 01-169 Minor Subdivision, 62xx Hodgson Rd. Part of Lot 7, Auditor's Subdivision No. 107 John Dahl, Emerald Custom Homes, Inc. 3/5 BACKGROUND AND ANALYSIS The application is to remove a portion of land from one parcel and attach it to the adjacent parcel. That is, the action will move the lot line approximately five feet. The purpose for the proposed action is to settle a question regarding the property boundary. This report is based on the document "Survey For: Emerald Construction", by Hy -Land Surveying, Inc., dated July 23, 2001. Mr. Dahl is 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. The legal description is just that—the legal description of the property boundaries. However, Mr. Tobish and the neighboring property owners, the Bakers, have 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 requires a minor subdivision approval by the City. The property is zoned Rural. This lot comprises 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 is approximately 1328 square feet, or 0.03 acre. The application involves a very minor change and poses no concern for public health, safety, or welfare. Mr. Dahl plans to construct a new house on the lot. That will require a building permit. The typical building permit review will address such issues as setbacks, a driveway permit from Anoka County, a culvert under the driveway, and septic system requirements.