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HomeMy WebLinkAbout2001-083 Council Resolution• 01-83 Council Member Dahl introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-83 RESOLUTION APPROVING A MINOR SUBDIVISION OF PROPERTY IN SECTION 1 ON 20TH AVENUE WHEREAS, the City of Lino Lakes has received an application for a minor subdivision of land, and WHEREAS, the land is described on the attached legal description and survey (see attached) and, WHEREAS, the application complies with the minimum lot size in the Rural zoning district, NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the minor subdivision as indicated and described on the attached document entitled "Proposed Minor Subdivision For Brian Iverson", prepared by Passe Engineering, Inc., and dated 4/30/01. Adopted by the Lino Lakes City Council this 25thday of June , 2001 ATTEST: 111110 % Jeann-r, Deputy Clerk B'rges , Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Reinert and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Carlson, Dahl, Reinert, and O'Donnell The following voted,against same: None . Whereupon said resolution was declared passed and adopted. AGENDA ITEM 7 C STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: June 25, 2001 TOPIC: Resolution 01-83 Minor Subdivision, xxx 20th Ave., SW 'A Section 1 Brian Iverson ACTION REQUIRED: 3/5 vote BACKGROUND 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 ten feet. The existing property line follows the '/4 '/a section line. The application is to move that property line ten feet to the east. The reason is to increase the size of the western parcel to make it a full 20 acres. The applicant has a buyer for the parcel (Parcel B) who wants a full 20 acres. In addition, the action would combine into the eastern parcel a narrow strip of land along I -35E which currently is a separate tax parcel. All of the land involved is under the same ownership. Access Driveway: Currently, a private driveway easement runs along the northern edge of the existing western parcel and part of the eastern parcel. The proposed minor subdivision would replace the existing driveway easement with a 66' access easement. This will ensure that Parcel A will continue to have access to 20th Ave. Both the existing driveway easement and the proposed access easement are private easements, not City roads. If the applicant intends the new easement to be a future public roadway, that would have to be analyzed in the future. The City has no plans for a road in that location and there is no intent to convey a road to the City at this time. The new easement does not obligate the City in any way. Though the City's subdivision regulations require all lots to have full frontage on a public street, the existing eastern parcel does not have frontage now. The proposed minor subdivision will not alter this situation, it simply increases the size of the driveway access easement. Any future subdivisions that create new lots will be required to have the full frontage on a public street. Long -Term Land Use: The area is guided for long-term rural use on both the existing and the draft new land use map. The City has no plan to extend utilities to this • • • • Iverson Minor Subdivision page 2 area. Any platting would have to be at a maximum density of one lot per 10 acres. (No plat approval is being requested.) The application involves a very minor change in parcel sizes and poses no concern for public health, safety, or welfare. Staff recommends approval. This report is based on the document "Proposed Minor Subdivision for Brian Iverson", by Passe Engineering, Inc., dated 4/30/01 and received by the City May 2, 2001. (We received the 11" x 17" reduction on May 17.) PLANNING & ZONING BOARD ACTION The P & Z considered the application at the June 13 meeting. The potential buyer of the property, Mr. Bill Walton, addressed the P & Z. Mr. Walton did not want the 66 -foot easement. The P & Z recommends adding a condition of approval that the 66 -foot easement not be included. As explained in this report, Mr. Iverson is the owner of all the property. From the City's perspective, if a landowner wants to record an access easement over his own property, it is not a City concern. The City's interests are not affected either way, and there is no City obligation involved. Staff's recommendation is to approve the subdivision as submitted. OPTIONS 1. Approve Resolution 01-83 approving the minor subdivision as submitted. 2. Return to staff with direction. RECOMMENDATION Option 1 WI ?ELTIER LAKE SUBOMDN NUMBER 47 a REVISED LEGAL DESCRIPTION: THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 31, RANGE 22, ANOKA COUNTY, MINNESOTA, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER WITH THE EASTERLY RIGHT OF WAY LINE OF COUNTY STATE AID HIGHWAY 21, THENCE EASTERLY ON SAID SOUTH UNE 450 FEET TO THE POINT OF BEGINNING; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER 700 FEET. MORE OR LESS TO SAID EASTERLY RIGHT OF WAY LINE; THENCE NOR7HEASTERLY.:ON SAID EASTERLY RIGHT OF WAY LINE TO THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THERE TERMINATING, EXCEPT THE NORTH 8 FEET THEREOF. THE NORTHEAST QUAR TER OF THE SOUTHWEST QUARTER, SECTION 1, TOWNSHIP 31, RANGE 22, ANOKA COUNTY, MINNESOTA, AND THE NORTH 8 FEET OF THE NORTHWEST QUARTER OF 77-1E SOUTHWEST QUARTER, SECTION 1, TOWNSHIP 31, RANGE 22, DESCR/BED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION AND RUNNING WEST TO THE CENTERVILLE AND FOREST LAKE ROAD, SO-CALLED, • INTENDING THEREBY TO CONVEY A STRIP OF LAND 8 FEET WIDE AND RUNNING TO SAID ROAD FROM THE STARTING POINT ABOVE MENTIONED. THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 1, TOWNSHIP 31, RANGE 22, ANOKA COUNTY, MINNESOTA, L PING WESTERLY OF 35E AS NOW LAID . OUT AND TRAVELLED. CERTIFICA 770N: I HEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVIS ON; AND THAT I A A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS 0 THE STATE Q" MIN �� SO TA. MARK F. MAISTROV/CH, MN LIC. NO. 25287 NOTES: DATED: REVISED f3 V01 1. NO TITLE WORK WAS PROVIDED FOR THE PREPARATION OF THIS SURVEY TO VERIFY THE LEGAL DESCRIPTION, OWNERSHIP, OR THE EXISTENCE OF ANY EASEMENTS OR ENCUMBRANCES. 2. BENCHMARK: MNDOT DISK IN S.E. CORNER OF BRIDGE (WING WALL) AT HWY 35E AND- 80TH STREET. MONUMENT DISK ,{ 0282F. ELEVATION 919.46 MAD '88 DATUM). PROPOSED PARCEL A THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 31, RANGE 22 ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, ANOKA COUNTY, MINNESOTA, LYING EASTERLY OF THE WESTERLY 10 FEET. AND N / co• AND 80TH STREET. MONUMENT DISK # 0282F. ELEVATION 919.46 (NAD .88 DATUM) szv PROPOSED PARCEL A THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST / �• QUARTER OF SECTION 1, TOWNSHIP 31, RANGE 22 ACCORDING. TO THE MINNESOTA, LYING EASTERLY OF THE WESTERLY 10 FEET.UNITED STATES GOVERNMENT SURVEY THEREOF, ANOKA COUNTY, 1 1i� /77 AND THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 1 LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 35E, ANOKA COUNTY,.. MINNESOTA. PROPOSED PARCEL B: THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 31, RANGE 22, ANOKA COUNTY, MINNESOTA, LYING EAS7ERL Y OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER WITH THE EASTERLY RIGHT OF WAY LINE OF COUNTY STATE AID HIGHWAY NO. 21; THENCE EASTERLY ON SAID SOUTH LINE 450 FEET TO THE POINT OF BEGINNING; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER OF 774E SOUTHWEST QUARTER 700 FEET MORE OR LESS TO SAID EASTERLY RIGHT OF WAY LINE; THENCE NORTHEASTERLY ON SAID EASTERLY RIGHT OF WAY UNE TO THE NORTH UNE OF SAID NORTHWEST QUARTER OF 7HE SOUTHWEST QUARTER AND THERE TERMINATING; AND THE WESTERLY 10 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 1, TOWNSH/P 31, RANGE 22, ANOKA COUNTY, MINNESOTA. PROPOSED ACCESS EASEMENT THE NORTHERLY 66.00 FEET OF THE WESTERLY 570.00 FEET OF 7HE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 31, RANGE 22 ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF ANOKA COUNTY, MINNESOTA. AND THE NORTHERLY 66.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 31, RANGE 22, ANOKA COUNTY, MINNESOTA, LYING EASTERL Y OF 7HE EASTERLY RIGHT OF LINE OF COUNTY STATE AID HIGHWAY NO. 21. • 0 • • 1 . • /...° p,41,00 _ ..., .., „.....--- ,. . ___ Aor.x ,---- r ,4_ ,o.r... -:--- „, . , . tie 4 A /0. •••••••. ••••••111.. ... tsr 4111•M TWO OM IMMO. MIMI 11111100 MOM =Mr ,M=.1 ii•MMD •MME //1000.5710 LII6.141‘ 4 • ). „ \ 1 r-- ‘., ( I/ , p,\.„„, , \ , , ,. -...i , 1 , 1214 ii \ t t- . _.---3 f . / ,.....„ :\ q t9. •-, Rrig .v.„, 03 A ;../i , 1 X , .......-- 11 i - e ) C1 / •• ' \ "il / . \. 4a ,/ / ,-3 11 t / .--• / t. ‘ '•., I • 91” oramm.atown 1- MOM ".• ''. I/ '.. te / INTERSTATE -4X 44 Pa Itt i jtt / 1,1 Cl) 0 \ ... 2 — — • r • t SO0'5724-W 1313.50 HIGHWAY NO. 7 „.' 35E • • • 1 • all. 411110 '11111011.11• k 3 HWY. NO. 35E • amp II.. • r • -r • IMP 1111. (14 CERTIFICATION OF RESOLUTION NO. 01-83 STATE OF MINNESOTA) COUNTY OF ANOKA) CITY OF LINO LAKES) I, the undersigned, being the duly qualified Deputy Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 01-83 with the original thereof on file in the city clerk's office, and the same is in a full, true and complete copy insofar as the same relates to: A MINOR SUBDIVISION FOR BRIAN IVERSON OF PROPERTY IN SECTION 1 ON 20TH AVENUE Witness my hand as said Deputy Clerk and the Corporate Seal of the City this 28th day of June, 2001. . Viger, Deputy Clerk 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651-982-2400 • Fax: 651-982-2499 • TDD: 651-982-2410