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HomeMy WebLinkAbout2004-050 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 04 -50 RESOLUTION APPROVING VARIANCES FROM REQUIREMENTS FOR LOT AREA, LOT WIDTH, AND ROAD FRONTAGE FOR THE ST. PAUL REGIONAL WATER SERVICES WHEREAS, a request has been submitted to the City for the approval of a minor subdivision which requires variances for lot area, lot width, and road frontage, and WHEREAS, review and approvals of variances are governed by state statutes and City ordinances, and WHEREAS, the site is that described in the legal description in Attachment A, and WHEREAS, the Lino Lakes City Council makes the following findings: a. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The site is completely surrounded by the Iake and the regional park reserve. It cannot be developed as a usable parcel. The dam on the site regulates the water level of Peltier Lake. The site cannot be used for anything else. It has no road frontage now. Of the two lots being created, one will include the dam. The second will be attached to an adjacent parcel owned by Anoka County as part of the park reserve. b. The plight of the landowners is due to physical circumstances unique to his property not created by the land owner. The physical shape, location, and isolated nature of the parcel prevent use for anything other than the dam and the park reserve. The hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. Economic considerations are not the only part of the situation. The intent is to convey the broken off land to Anoka County for park use d. 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. There are very few other situations that can be compared to this one. Land locked parcels owned and operated exclusively for public purposes would receive the same consideration. e. The proposed actions will be in keeping with the spirit and intent of the ordinance. As stated in the zoning ordinance, the PSP zoning district is designed and intended to aid in guiding development towards fulfillment of the Comprehensive Plan and to serve a number of functions, including to provide the community with properly located public services and public utilities, provide the community with properly located open green space, parks, playgrounds and recreational facilities. This proposed variances will allow a minor subdivision that provides for public services and utilities by serving the regulation of the lake water level for the St. Paul Regional Water Services. It also provides for additional public open space by adding land to the park reserve. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the variances for lot area, lot width, and road frontage. BE IT FURTHER RESOLVED, that the variances are subject to the following conditions: 1. Anoka County shall grant an access easement to the dam parcel from CSAH 14. 2. Anoka County shall combine the land that does not include the dam with an existing parcel to avoid creating a completely new parcel. Adopted by the Lino Lakes City Council this :. C -day of Ar (. , 2004. Joh,,' . Berg on, Mayor Resolution 04 -50, page 2 • ATTACHMENT A: Lino Lakes Resolution No. 04 -50 That part of the Southwest Quarter of said Northeast Quarter of Section 15 described as follows: Commencing at southwest corner of Government Lot 2 said Section 15; thence North 89 degrees 14 minutes 03 seconds East, assumed bearing, along the south line of said Government Lot 2 a distance of 600.38 feet to the point of beginning of the land to be described; thence North 48 degrees 00 minutes 00 seconds West 270.00 feet; thence North 47 degrees 00 minutes 00 seconds East 460.00 feet; thence South 74 degrees 00 minutes 00 seconds East 97.52 feet; thence South 26 degrees 08 minutes 55 seconds West for 520.81 feet to the point of beginning. Said containing 1.99 acres. 0 Z p N at at 0 U L a ADMINISTRATIVE SUBDIVISION FOR \I ST. PAUL REGIONAL WATER SERVICES Parcel One N that pat of the Narema.t Wader off SMkann 19. Township 31, Rang. 22. Mow County, Coverrveent lot 2. Section dfs3ant Q90 *04 mat of the southwest wow of the south ON of sold Government lot 2; thence North 4a dogma West 350 fuel therm North 47 degrees Eat 480 feel; thence Sorts 74 degrees Eat 1050 feet lhance Nara 21 degrees Eat 1130 ht to a paint on r north MN of sold Government let 2 dhdent 771 fat eat t the southwest comp of Goummern 3t 1 In wed Ses9an 15: thence mt"a s. of n: a ea derr One north kk nae9w .or e south ll Government Lot thence set along .old south line to. the point d beginning. Said above described lend being nob taonn as tot 6. AUDITOR'S SUBDIVISION NUMBER 46. REVISED EXCEPT au pod of a l0demim follows Conroe/Nag of said southwest comer of Gwem en Sea11m 15: thane. Nara 95 degrees. 14 minutes 03 monde Eat, assumed dap the south Ilse el .old Government L.t 2 a dtetenee of 900.30 feet to ao point of beginning of the lad to be d.aerr* tow North 46 degrees 00 minutes 00 seconds Wet 270.00 feet thaw North 47 degree. 00 minutes 00 monde East 490.00 let; thence South 74 degrees 00 minutes OD Mande Eat 97.52 feet them South 29 degrees 06 nand.. 55 mender Wet 52091 feel to the point of beginning. Sold mmep0n 1aeloloip 1.99 sera. .. . .. Pared 2 -' Mat pert of the Southwest Goods, of said :. Narlh.ast 0aerter of Seaton 15 deeatbed w 9.00.0* Commencing at southwest comer ef. Government lot 2 said Salina 15: urewe North' e9 degrees 14 minute 03 seconds Eat, assumed bearing. along the moth Me of sold Gavemmnt lot 2 a distance d 800.38 feet W the pot of b.gh.nbrg .. of No land to be daerewm theme North 46 deem. 0 mseconds Wed 2800 fea North 47 degrees 00 ' - Mutes 00 moods Fast 460.00 fast thence South 74' 0�awm Sale 26 emends East 97.52 000 d. Wed for 520.011 Melt h the paint of • • • beginning. Said containing 1.99 acres. AS that pot of the Northern' Quarter. M Section 15. Township 31. Rang. 22, Anoka D Canny. Minnesota ascribed a foam 5 ainn g at a point an the north Rh. of N Government It 2 In Section 15 instant 772 tut eat of the southwest comp of ' Comment Lot 1 in said section IN theme North 21 degrees East 540 tut thence ace Nora 532 feet to the south ice of the land in sold Government let 1 conveyed by - - 5ladelws K. Copisbant and Mplque, hid rife a Rheas ad Dash Dopers by dud dated.Jon. 18, 1075 annd recorded In Boa. W of Deeds, Page 111 in the office el the Mao County Receed •, thence oat to the meander One of Peltier teem thence • mua.r9 dare said meander line W its it.mgUen with the south Me le the paint of beginning. Said tat dacnbed land being now known as set 6, AUOITOR•s SUBDIVISION NUNSER 40, SENSED.. lW L ■ / \/\h r,'r \7V V 1 1 n -r L. V 1, 11 '3 600.38 N89'14'03 "E —� \ Ingress and Egress Easement A 30 foot permanent 0o.ar.nt far Ingraee and egress purpose. to maintain IM Make Dom Me belied an Pater Lake In Section 15. Township 31, Range 22. The centerline of odd eewnet described as album. DaaaOwdna t the Northwest come of the Natha... duarter. of Section 16. Township 31, Rana 22 Weal Mort. County. Ww0ota:'thua South ' eel 00 degree. 42 the .. 52- 00*9.tls Ease Northeast Quarter of sold Section 15 0 deems of 2,077.76 feet to the pot of Manisa: thence South 49 degrees 26 minutes 06 meads East 399.49 feet thew south 42 degrees 39 minim 01 seconds East 152.45 MA le a point oho known as point 'A' and there tnMnP909. The nenhaanlany and kw t Q.eery 0... d. said . easonant are W Wmdnot. 00 aid .ee of the Northse rt Duster end the northeasterly 019 W be prolonged or shortened le tenMmte d a you • hosing o hewing d North 47 degrees 00 minutes . . 00 seconds East from said pot 'A'. • 700En59 111111 a parrwnmt maim for Ingress and Wm pmpam being 15 feet In width and dMingg sa Me: d and adjoining the famwbg., .6.glnrao t am above dmeethm pginl 'A'; awes Boa- 48 d 00d s ire 00 emends Fad 275.00 amt red said maswnent - - ore, tterahaag. ee o need .eee due bin easements are goes or shortened W .. karma .Rh each other. . . -A I ir19T ^L)7^ r JLII I vI\ .: Mpg Legend- Uww ..n Monument 'mod o Denotes iron C1'19.3l s.. 10. . ma es ^l 1''`F\11 /I ^Ir\# I .)l.JOL/1 V 1..)1.11 v • NORTH Scale 1 Inch 100 Ft. 710 �wler rt lt2 GG' der / S Ss • SS € SS S • 11 1S S tS SS $ S SS • 11. SS SS SS 11 I J' rr JJ f! I If f l 1;1 LAKE f,. PELTIER Ii. 51I air • r(4 • 1! .1+ 55 . v r r. m rem. 00 or pared by a es t der my dub Metered ee.nbb. and that r)r .• � e inns at the X0000.. � 1 sv er e1 une SUMO 10. Ns. ci RECEIVED IVAR 0 4 2004 LIN°L.403 :• RED t5L10 Cd.t August 0. 2003 at. • John K. VonDeLinde Director March 3, 2004 Anoka County Department of Parks and Recreation 550 Bunker Lake Boulevard NW • Andover, Minnesota 55304 Jeff Smyser Community Development City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Dear Jeff: Telephone (763) 757 -3920 • FAX (763) 755 -0230 RECEIVE MAR 1 1 2004 CITY OF LINO LAKES As we discussed, this letter is to inform you that Anoka County agrees to the lot split on parcels identified by the St. Paul Regional Water Services, known as, Lot 6 & 8, of Auditor's Subdivision Number 46 revised, in the City of Lino Lakes. This parcel is also identified by the survey provided to you from Woodrow A. Brown, RLS, dated May 29, 2003. In discussions with the County Recorder's Office, they would be willing to combine.the new parcels with the existing adjacent property owned by Anoka .County. Anoka County has drafted an Easement Agreement with St. Paul Regional Water Services providing for ingress and egress, which, upon transfer will be recorded. A copy of the agreement i : ttached. As alway no hesi incer ly, I ap to to reciate your consideration of this matter. If you have any questions, please do ontact me at 763 -767 -2864. Eoloff Pfrk Planner /RLA L: John VonDeLinde Jerry Strauss Timi Bailey • Enclosure LARRY D. HOIUM Anoka County Surveyor COUNTY OF ANOKA OFFICE OF ANOKA COUNTY SURVEYOR GOVERNMENT CENTER 2100 3rd Avenue Room 224 Anoka, MN 44303 -2265 Phone: 763 -323 - 551.0 Fax: 763 - 323 -5418 • INGRESS AND EGRESS EASEMENT ACCESS TO PARCEL NO. 20 ST. PAUL WATERWORKS LAND TRANSFER June 12, 2003 A 30 foot permanent easement for ingress and egress purposes to maintain the Anoka Dam site located on Peltier Lake in Section 15, Township 31, Range 22, Anoka County, Minnesota. The centerline of said easement being described as follows: Commencing at the northwest corner of the Northeast Quarter of said Section 15; thence South 00 degrees 42 minutes 52 seconds East, assumed bearing, along thewest line of said • Northeast Quarter of Section 15 a distance of 2077.78 feet to the point of beginning of said centerline; thence South 49 degrees 26 minutes 06 seconds East 399.49 feet; thence South 42 degrees 36 minutes 01 seconds East 152.45 feet to a point hereinafter referred to as Point "A" and said centerline there terminating. Said Point "A" being described as follows Commencing at the southwest corner of Govemment Lot 2 of said Section 15; thence North 89 degrees 14 minutes 03 seconds East along the south line of said Government Lot 2 a distance of 600.38 feet; thence North 48 degrees 00 minutes 00 seconds West 270.00 feet to said Point "A" The northeasterly and southwesterly sidelines of said easement are to be prolonged or shortened to terminate on said west line of the Northeast Quarter and the northeasterly sideline is to be prolonged or shortened to terminate at a line having a bearing of North 47 degrees 00 minutes 00 seconds East from said Point "A" TOGETHER WITH a permanent easement for ingress and egress purposes being 15 feet in width and lying southwesterly of and adjoining the following described line: Beginning at the above described Point "A"; thence South 48 degrees 00 minutes 00 seconds East 235.00 feet and said easement there terminating. The southwesterly lines of both above described easements are to be prolonged or shortened to intersect with each other: RECEIVED MAR 1 1 2.004 CITY OF LINO LAKES NUMBER 47 3 i, r442rHre)14,t71,1191"el Irs-211:51_asaral 61.3613il'atetic A j'iliPDirli:- 4. I no;KwilLir ‘L,,r,-1.,.. . riArtmE621teig"..5°,6484; :A Sagr,r: gro,Eirdi 7,721 ' '- ., .--_'-- .-' � PROPOSED LAND USE PLAN (DETAIL) LINO LAKES COMPREHENSIVE PLAN • ZONING MAP DETAIL AGENDA ITEM 6. C STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: April 26, 2004 TOPIC: Resolution 04 -50 Variance Request: Lot Area, Lot Width, Road Frontage St. Paul Regional Water Services VOTE: 3/5 BACKGROUND St. Paul Regional Water Services owns numerous pieces of property on and near lakes in Lino Lakes and Centerville. One of these parcels includes the dam between Peltier Lake and George Watch Lake. St. Paul Water wishes to divide this parcel, keep the part with the dam, and sell the rest to Anoka County to include in the regional park. Because the parcel has no road frontage and is shaped very oddly, several variances are needed. No development will occur on the site ANALYSIS The site is on the west side of Lake Peltier, between the lake and Main St. (CSAH 14) as it goes through the Rice Creek Chain of Lakes Regional Park Reserve. The parcel snakes along the lake shore, includes the dam, and has no road frontage. The parcel is zoned PSP Public Semi - Public. Minimum requirements in this zone are: minimum lot area (unsewered lot) 10 acres minimum lot width 150 feet In addition, the subdivision ordinance requires that "all lots shall have frontage on an improved public street that provides the required lot width at the minimum front yard setback ". The proposed minor subdivision will create two lots out of one, both of which will not meet the above three requirements. 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. St. Paul Regional Water Services page 2 The site is completely surrounded by the lake and the regional park reserve. It cannot be developed as a usable parcel. The dam on the site regulates the water level of Peltier Lake. The site cannot be used for anything else other than fishing and the like. It has no road frontage now. Of the two lots being created, one will include the dam. The second will be attached to an adjacent parcel owned by Anoka County as part of the park reserve. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. The physical shape, location, and isolated nature of the parcel prevent use for anything other than the dam and the park reserve. . That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. Economic considerations are not part of the situation. The intent is to convey the broken off land to Anoka County for park use 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. There are very few other situations that can be compared to this one. Land locked parcels owned and operated exclusively for public purposes would receive the same consideration. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. As stated in the zoning ordinance, the PSP zoning district "is designed and intended to aid in guiding development towards fulfillment of the Comprehensive Plan and to serve the following functions: 1. To provide the community with properly located schools, colleges, and health institutions. 2. To provide the community with properly located public services, public utilities, and public or private communication antennas. 3. To provide the community with properly located open green space, parks, playgrounds and recreational facilities. 4. To relate public and semi- public locations with thoroughfare system." This proposed minor subdivision provides for public services and utilities by serving the regulation of the lake water level for the St. Paul Regional Water Services. It also provides for additional public open space by adding land to the park reserve. Anoka County has agreed to combine the new piece that does not include the dam with another existing parcel to avoid creating a new isolated parcel The County also will grant an access easement to the dam parcel. St. Paul Regional Water Services page 3 PLANNING & ZONING BOARD The P & Z recommended approval of the variances at its April 14th meeting. CONDITIONS OF APPROVAL If the variances are approved, the following conditions should apply: 1. Anoka County shall grant an access easement to the dam parcel from CSAH 14. 2. Anoka County shall combine the land that does not include the dam with an existing parcel to avoid creating a completely new parcel. OPTIONS 1. Approve Resolution 04 -50 approving the requested variances for lot area, lot width, and road frontage. 2. Deny the variances.