HomeMy WebLinkAbout2007-001 Council Resolution•
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Council Member Reinert introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 07-01
RESOLUTION APPROVING THE PRELIMINARY PLAT AND VARIANCE FOR
UPLAND LOT AREA, FOR FRAN'S ESTATE
WHEREAS, the City has received applications for developing an area known as Fran's Estate;
and
WHEREAS, the development requires approval of a preliminary plat and variance for upland lot
area; and
WHEREAS, a public hearing was held before the Planning & Zoning Board on December 15,
2006; and
WHEREAS, the proposed preliminary plat meets the requirements of the City's Growth
Management, Zoning and Subdivision Ordinances; and
WHEREAS, as required by Section 2, Subd. 4 of the zoning ordinance, the City Council makes
the following findings of fact regarding both lots:
f. That the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls.
With the upland lot area requirements of the zoning ordinance this parcel would
only be able to be developed with one single family dwelling. A parcel of this size
could normally be developed with multiple homes if it wasn't for the wetlands that
occupy the majority of the site. While it could still be developed with a single
family dwelling, a deviation of less than six percent from the strict enforcement of
the ordinance is minor reduction.
g.
That the plight of the landowners is due to physical circumstances unique to
his property not created by the landowner.
Other land in the same district is required to meet minimum lot sizes of 10, 800
square feet. In this instance the lots being created are nearly three times that size.
The plight of the landowner is due to the nearly seventy five percent of the land that
is covered by wetland area. Because of this the applicant is requesting a minor
reduction to the upland lot area requirements.
h. That the hardship is not due to economic considerations alone if reasonable use
for the property exists under the terms of the ordinance.
Other land in the same district is required to meet minimum lot sizes of 10, 800
square feet. In this instance the lots being created are nearly three times that size.
While the site could easily be used for one single family dwelling, the reduction of
upland lot area of less than six percent is considered minor and reasonable.
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That granting the variance requested will not confer on the applicant any
special privilege that would be denied by this ordinance to other lands,
structures, or buildings in the same district.
Other land in the same district is required to meet minimum lot sizes of 10, 800
square feet. In this instance the lots being created are nearly three times that size.
A minor deviation of less than six percent will not give the applicant any special
privilege.
That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
The lots proposed will exceed the lot area requirements nearly three times over,
therefore the spirit and intent of the ordinance will not be violated by a minor
deviation in the upland lot area of less than six percent.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves
the Preliminary Plat and Variance for Fran's Estate to which the following conditions of
approval apply:
1. Existing onsite septic systems will be appropriately abandoned.
2. Existing wells shall be capped when required by Minnesota Dept. of Health requirements.
3. Issues discussed in the City Engineer review memo must be addressed to his satisfaction.
4. A development agreement between the city and the developer must be executed prior to the
issuance of any building permits for the site.
5. Park dedication must be paid in accordance with the city's fee schedule.
6. A permit from the Rice Creek Watershed District must be issued prior to final plat approval
by the City.
7. Infiltration areas proposed on site should have the City native seed specification used.
8. A boulevard tree shall be provided for each lot frontage.
9. A 10 foot drainage and utility easement must be provided to buffer all delineated wetlands.
10. A landscaping plan clearly depicting conformance with the buffer yard standards in Section
3.Q.5 must be submitted.
11. A joint access easement agreement and maintenance agreements must be submitted with the
final plat.
12. The applicant must fill 400 square feet of wetland area, in accordance with the Rice Creek
Watershed District's standards, to maximize the upland lot area for the site.
13. This review is based on the following plans and information:
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• City Engineer Comments December 4, 2006
• Preliminary Plat submitted November 16, 2006
• Certificate of Survey submitted September 11, 2006
• Resource Inventory Survey submitted September 11, 2006
• Preliminary Grading, Drainage, Erosion Control, and Utility Plan submitted November 16, 2006
Passed by the Lino Lakes City Council this 8th y of January 2007.
hn . Berg
ATTEST-
ell, City Cler
Jo g on, [ayor
Adopted by the Lino Lakes City Council this 8th day of January, 2007.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member O'Donnelbnd upon vote being taken thereon, the following voted in favor
thereof:
Reinert, O'Donnell, Carlson, Stoltz, Bergeson
The following voted against same:
none
Whereupon said resolution was declared duly passed and adopted.
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EMN PLAT
OF: FRAN' S ESTATE
FOR: FRAN TOURVILLE
6948 LAKE DRIVE
LiNO LAKES, MiN 55014
PH# (651 )-786-1884
tIgiatiaBiSEMECCIMSMETSkk
Lot 1, Block 1, SHENANDOAH, Anoka County, Minnesota,
EXCEPT that part lying within PARCEL 18 of ANOKA
COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 11.
Denotes 172 inch by 18 inch Iron Pipe to
▪ be Set and Marked by R.LS number 25344
O Denotes Iron Found
4071.2 Denotes Existing Elevation
/ Denotes Direction of Drainage
O Denotes Sod Boring
Denotes Cable Box
p Denotes Misc. Manhole
m. Denotes Power Pole
Denotes Overhead Powerdne
O Denotes Sanitary Manhole
® Denotes Frberoatic
O Denotes Fence Post
Denotes Existing Contour
—,r-4 Denotes 3D inch CMP
Denotes Fence line
- - - Denotes Setback Line
Denotes Wetland located by Earth
Science Inc
- - - -- Denotes Edge of Wetland by Earth Science Inc
Denotes Existing Bituminous Road Access, and Trail
INNIMI Denotes Proposed Driveway Location
Denotes Proposed Infiltration Areas
gee eels.
ffise
IT
sr
e
le-
VIGNTY MAPr
PARIS CP EVC. Si. 1Ni. X MG. 22
R-1
- No Rezoning Proposed
- Property guiding Low Density Single Family
EXST.
MUSA.
- Property falls within the MUSA.
- No MUSA amendment proposed
SETBACKS
- Front - 40 ft.
- PrProposo R 40 ft.
Front -
- Res =30 fL
- Wetland - 10 ft.
- Average Front = 20.8 ft.
-H se =13.1 R. line
to - House to West - 28.1 fL
to R/W line
Mwm
ZONE R -1 x' z a
osih.
Haws
AREAS
Total Boundary Area = 82143* (1.89± Acres) Excluding R/W 251=EMEINIDATA
Total Upland = 24362* (0.48* Acres) - 2 Proposed Single Family Lots
Total Wetland - 81,781* (1.42* Acres) - Single Family Lots = 82,1433 SO. FT. (1.89± ACRES)
Toted Right of Way = 1,950± (0.04± Acres) - Average Lot Size - 41.071.5± S0. FT. (0.94± ACRES)
- Density = 1.06 Lots / Acre
NOTES!
- Ordinary High Water Level (OHWL) of wetland is 885.7 per Emmons and Olivier Resources,
contact Greg Graske (651) -770- 8448..
- Curb shots taken at the top and back of curb.
- Bearings shown are on an assumed datum.
- Contours are at 2 foot intervals.
- N.G.V.D. Vertical Datum
- Wetland located by EG. Rud & Sons Inc. (763) - 786 -5556 on 11- 30 -04.
- Wetland delineation completed by Earth Science Inc. (651)- 674 -6210 on 11- 23 -04.
- Topography Collected M Field by E.G. Rud & Sons between 06 -15-04 to 12- 06 -04.
- Soil Borings located by E.G. Rud & Sons Inc. (763) - 786 -5556 on 08- 30 -05.
- Sot Borings completed by Professional Engineering Consultants Inc. (651)490 -9266 on 08- 04-05.
- Existing centerline street grades, building pads, proposed contours, and curb information
refer to Pre - Grading - Utility plans prepared by Plowe Engineering (763) -785 -1043.
- This survey was prepared without the benefit of tltlework. Easements appurtenances,
and encumbrances may exist in addition to those shown hereon. This survey is
subject to revision upon recegt of a current title insurance commitment or attorneys
title opinion.
E.G. RUB st SONS, INC.
Professional Land Surveyors
6776 Lake Drive NE, Suite 110
Lino Lakes. MN 55014
EXST. ZONE R_ij
GRAPHIC SCALE
55917 26"5
se,n ww a
:Houma 1
(w rear ) ^
a
01•00.11, wu f A eve ...0* eAm se-n -a
COX eR a use eo 08E-n sn I00010 ❑
3
:11I
MOMS nee an COMMA
anon man en
EkST ZONE R -1
..- . wet. t \
, ' ►, FILI COPY CB2TFICATIOhh
1
ANOKA TO 80AL TA
TYPICAL
DRAINAGE E UTILITY EASEMENTS.
I
1
Is
J
I
L
Being 5 feet in width, unless otherwise
indicated, and adjoining side lot lines
and 10 feet in width and adjoining street
lines as shown on the plat. Drainage
and Utility easement to be dedicated
over all wet /and area.
BENCNMAIK
NH on Sioux Lone at the front
of Lots 28 and 29, Block 1,
Spirit Hills Development.
Elevation = 898.80 (N.C. V.D. 1929)
1 hereby certify that this survey, plan
or report was prepared by me or under
my direct supevlsion and that I am
a duly Registered Land Surveyor under
the laws of the State of Minnesota.
A. RE
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tlY I COPPER (11r).
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Wetland,,,
\ erg 4400 wwI ral
1 .4, \ BLS
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I) i ,1&`tr i ,\A1
1 fOrn AREA*
10,528 SQ. Ftf".
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1110 I I
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✓ pt�
1
LOT 2 AREA:
11,484 SQ. FT.
UPLAND
\ I
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1 AREA: \\ LOT 2 AREA:
�t,4T.4 5 SQ. FT. � 36,658 SQ. FT.
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LOT 1 ARIA:
1,I
r�} "'84,093! SW. \`,FT.
' 1.93 I ACRE'5
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CITY OF LINO LAKES
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AGENDA ITEM 6.A
STAFF ORIGINATOR: Paul Bengtson
MEETING DATE: January 8, 2007
TOPIC: Fran's Estate
Variance for Upland Lot Area
Preliminary Plat
BACKGROUND
Fran Tourville has requested approval of the Fran's Estate plat. This project involves the
division of an existing undeveloped parcel into two buildable lots. To accommodate this
development proposal the applicant has requested a Preliminary Plat; and Variance for Upland
Lot Area (9,728 and 10,634 square feet instead of 10,800 square feet).
ANALYSIS
The following is a summary of the proposal:
Site Area 1.89 acres
Total Lots 2
Density 1.06 units per acre
Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land
use and zoning as well as guided land uses for the area.
Location
Existing Land
Use
Guided Land Use
Existing
Zoning
Site
Residential
Low Density Sewered Residential
R -1
North
Right of Way
N/A
N/A
South
Shenandoah Park
Public / Semi - Public
PSP
East
Residential
Low Density Sewered Residential
R -1
West
Residential
Low Density Sewered Residential
R -1
Growth Management, MUSA Reserve: This property is already currently within the MUSA
boundary.
Growth Management, Units/Year: The table attached to this report shows the status of
the staging plans for final platting new residential units. The new unit created by Fran's Estate
• would fit within the policy of 147 per year and so could be final platted in 2007.
• Preliminary Plat
Lots: The lots meet requirements for lot depth, lot width, and road frontage, but fall short of the
10,800 square feet of upland required for R -1 lots. Revised plans submitted by the applicant
depict Lot 1 being 166 square feet under the requirement and Lot 2 at 672 square feet under the
requirement. This would result in a deviation of approximately 1.5% and 6.3% respectively.
State law requires the following finings to be made in order to grant the approval of a variance.
Staff has completed the findings in regards to the upland lot area reduction based on the revised
submittal:
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FINDINGS
In considering all requests for Variance or appeal and in taking subsequent action, the City
shall make a finding of fact:
a. That the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls.
A parcel of this size could normally be developed with multiple homes if it wasn't for the
wetlands that occupy the majority of the site. While it could still be developed with a single
family dwelling, a minor deviation from the strict enforcement of the standards would allow
two lots to be built.
b. That the plight of the landowners is due to physical circumstances unique to his
property not created by the landowner.
The lots being proposed are nearly three times the minimum lot size of 10, 800 square feet.
The plight of the landowner is due to the nearly seventy five percent of the land that is
covered by wetland area.
c. That the hardship is not due to economic considerations alone if reasonable use for
the property exists under the terms of the ordinance.
Other land in the same district is required to meet minimum lot sizes of 10, 800 square feet.
In this instance the lots being created are nearly three times that size. While the site could
still be developed with a single family dwelling, a minor deviation from the strict
enforcement of the standards would allow two lots to be built.
d. That granting the variance requested will not confer on the applicant any special
privilege that would be denied by this ordinance to other lands, structures, or buildings
in the same district.
Other land in the same district is required to meet minimum lot sizes of 10, 800 square feet.
In this instance the lots being created are nearly three times that size. A minor deviation
from the strict enforcement of the standards will not give the applicant any special privilege.
e. That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
The proposed lots greatly exceed the lot area requirements, therefore the spirit and intent of
the ordinance will not be violated by a minor deviation in the upland lot area.
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Setbacks: The applicant previously proposed to deviate from the 40 foot front setback required
for principal buildings in the R -1 zone along collector or arterial roadways. Birch Street is a
County State Aid Highway and therefore qualifies as an arterial roadway. They are now
proposing 40 foot front setbacks for both of the new dwellings, so this variance request has been
withdrawn.
To allow for the additional setback the applicant has reduced the building pads. The pad for Lot
1 is now 65 feet wide and 34 feet deep. The pad for Lot 2 is now 65 feet wide and 40 feet deep.
Streets: Birch Street is an existing road and no additional roads are being proposed. The
existing road system can accommodate the traffic generated by the new homes, and the right of
way is already dedicated to the required width of 60 feet from center line.
Birch Street is a County State Aid Highway and acts as a major east to west arterial for the entire
city. As such, the number of accesses for private drives and city streets should be minimized. In
this case plans have indicated a consolidated drive for the two proposed lots. A joint access
easement and maintenance agreement will need to be submitted with the final plat.
Landscaping: When abutting an arterial, residential developments are required to
provide a `buffer yard'. The zoning ordinance has very specific standards for buffer yards. The
applicant will need to submit a landscaping plan that clearly meets these requirements.
Park Dedication: The current subdivision ordinance includes park dedication in the amount
of $2075 per residential unit, less any land dedication. There is no land dedication needed, as
Shenandoah Park is nearby. This property will be charged for the one additional lot being
created.
Utilities: Sanitary sewer and water is already in place in Birch Street. Both of the proposed
lots must connect to utilities. Onsite septic systems must be abandoned according to law. In
addition, any existing wells likely will have to be capped because of proximity to new sanitary
sewer lines. The property to the east is connected to the sewer line near the northeast corner of
the subject site. The utility plan needs to be revised to indicate the location of this connection to
verify that it lies within drainage and utility easements and that it will not conflict with the
infiltration area indicated on the submitted plans. These and other issues discussed in the City
Engineer review memo must be addressed to his satisfaction.
Additionally, it was brought up at the previous meeting that the city did install two service points
when the pipe was placed in Birch Street. The city installs these services based on the width of
the property and to allow for the maximum flexibility in the future development of a vacant
parcel. The property was not assessed for that installation project, so the applicant has not paid
for the services nor was the installation of two services a promise to allow two lots in the future.
Grading & Drainage: The grading and drainage plans have been reviewed by the City
Engineer and his comments will need to be addressed to his satisfaction prior to the site being
developed. The plan is also subject to review and approval from the Rice Creek Watershed
District. Staff has received a copy of the CAPROC (Conditional Approval Pending Receipt Of
• Changes) from RCWD
• ENVIRONMENTAL BOARD
The Environmental Board's did not review this application due to its relatively small scope.
PLANNING AND ZONING BOARD
On December 13, 2006 the Planning and Zoning Board unanimously recommended approval of
this request.
RECOMMENDATION
Staff is recommending adoption of Resolution 07 -01 to approve a variance and preliminary plat
for Fran's Estate.
1. Existing onsite septic systems will be appropriately abandoned.
2. Existing wells shall be capped when required by Minnesota Dept. of Health requirements.
3. Issues discussed in the City Engineer review memo must be addressed to his satisfaction.
4. A development agreement between the city and the developer must be executed prior to the
issuance of any building permits for the site.
4111 5. Park dedication must be paid in accordance with the city's fee schedule.
6. A permit from the Rice Creek Watershed District must be issued prior to final plat approval
by the City.
7. Infiltration areas proposed on site should have the City native seed specification used.
8. A boulevard tree shall be provided for each lot frontage.
9. A 10 foot drainage and utility easement must be provided to buffer all delineated wetlands.
10. A landscaping plan clearly depicting conformance with the buffer yard standards in Section
3.Q.5 must be submitted.
11. A joint access easement agreement and maintenance agreements must be submitted with the
final plat.
12. The applicant must fill 400 square feet of wetland area, in accordance with the Rice Creek
Watershed District's standards, to maximize the upland lot area for the site.
This review is based on the following plans and information:
City Engineer Comments December 4, 2006
Preliminary Plat submitted November 16, 2006
Certificate of Survey submitted September 11, 2006
Resource Inventory Survey submitted September 11, 2006
Preliminary Grading, Drainage, Erosion Control, and Utility Plan submitted December 14, 2006
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LOTS /UNITS
Development Name
approved prelim. plats
Prelim
Plat
Phasing plans by year (lots /units to be final platted)
( 2003 -09
total
max.
1029
year end
2002
2003
2004
2005
2006
2007
2008
2009
Stoneybrook
103
51
0
2nd Addn
0
52
52
Century Farms North
249
56
65
52
43
33
249
Keefe: prel plat, not final plat
1
1
1
Morton (minor subdiv)
0
1
0
1
Ravens Hollow
56
0
56
56
Haley Manor (10 new lots)
10
10
0
10
Crystal Cove
3
3
0
3
Millers Crossroads
152
22
47
51
32
152
Lakeview Estates (2 new)
2
2
2
Snell (minor subdivision)
0
1
1
Pheasant Hills Pres. 13th
1
1
1
Justin's Preserve
1
1
1
Marshan Estates
4
4
4
Rice Creek Church duplex
2
2
2
Rice Church: Oakwood View
10
10
10
Junes Addn
2
2
2
Highland Meadows East 2nd
18
18
18
Marshan Townhomes 2nd
23
23
Pheasant Hills 12th island
8
8
8
West Shadow Ponds 2nd Add
1
1
1
Vaughan Addition
5
5
5
Angie's Acres (1 new)
1
1
1
Marshan Lakeview (2 new)
2
2
2
Marshan Meadows
20
20
20
Pine Glen
72
40
32
72
Cavegn (1 new lot)
1
1
1
Golden Acre (3 new lots)
3
3
3
Fran's Estate (1 new lot)
1
1
total
51
148
176
171
141
66
702
remaining of annual 147
remaining of 1029 for pre -2010
-1
-29 -24 5 82 147
147
327