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HomeMy WebLinkAbout2002-151 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 02-151 RESOLUTION APPROVING A MINOR SUBDIVISION FOR THE CHAVEZ PROPERTY, LOCATED AT 6207 LAURENE AVENUE (LOT 1 & LOT 2, BLOCK 1, ARTHUR E. THOM ACRES) WHEREAS, the City has received an application for a Minor Subdivision of property, and WHEREAS, the City's zoning ordinance and subdivision regulations provide for and establish requirements for Minor Subdivisions, and WHEREAS, the proposed Minor Subdivision would result in the creation of property in accordance with said ordinance and regulations, NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the proposed Minor Subdivision, as described by the attached document entitled "Minor Subdivision Survey for Raymond Chavez" by E.G. Rud & Sons, Inc., dated September 13, 2002. BE IT FURTHER RESOLVED, that the following conditions of approval apply: 1. Connect the existing home to City sanitary sewer and water, per Section 6, subdiv.1 .F., prior to the recording of the Minor Subdivision with Anoka County. 2. Relocate the existing driveway for Parcel A to access White Pine Road, rather than Laurene Avenue. 3. Since both Parcel A and Parcel B will consist of two lots (Lot 1 & Lot 2), a lot combination form should be done for both properties so that each lot will then be identified by a single PIN and exist as a single tax parcel. 4. Dedication of standard drainage and utility easements to the City: measuring 10 feet in width along the front property lines and five feet in width along the side and rear property lines. 5. Payment of a park dedication fee of $1,665, to be paid prior to the certification and recording of the Minor Subdivision. Adopted by the Lino Lakes City Council this 28th day of October, 2002. ATTEST: STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 7C Tanda Gretz October 28, 2002 Resolution No. 02-151: Minor Subdivision for property located at 6207 Laurene Avenue (Lot 1 & Lot 2, Block 1, Arthur E. Thom) Raymond & Beverly Chavez 3/5 vote Mr. Raymond Chavez owns Lots 1 & 2, Block 1, Arthur E. Thom Acres, which is located at the intersection of Laurene Avenue and White Pine Road. The property is approximately 2.5 acres in size and is zoned R-1 (Residential Single Family). Currently there is an existing home and two detached garages on the western part of the property, which is accessed via a driveway off Laurene Avenue. Mr. Chavez is applying for a Minor Subdivision of the property, which would result in two lots: Parcel A, containing the existing buildings, consisting of 2.18 acres, and Parcel B, consisting of .40 acres. Mr. Chavez then plans to sell Parcel B to Mr. Lipoff (see agenda item 5B). This report is based on the following attached exhibits: C.C. Meeting Chavez Minor Subdivision October 28, 2002 1. General Location Map 2. Minor Subdivision Survey, for Raymond Chavez ANALYSIS Land Use & Zoning Location Guided Land Use Existing Zoning Site Low Density, Unsewered Residential R-1 (Residential Single Family) West Park " North Low Density, Unsewered Residential " East LL South Low Density, Sewered Residential R -1X (Residential Single Family Executive) Although the property is guided Low Density, Unsewered Residential, there is City Sanitary sewer available on both Laurene Avenue and White Pine Road. The property is within the existing MUSA. Minimum Lot Requirements Size: the minimum lot size for sewered property in an R-1 zone is 10,800 square feet. Proposed Parcel B meets this requirement, being 17,370 sq.ft. in size. Parcel A, while 95,081 sq.ft. in size, is not sewered, and is thus a non-coforming lot. Width: the minimum lot width requirement for property in an R-1 zone is 80 feet for interior lots and 100 feet for corner lots. Both proposed lots will meet this requirement. Depth: the minimum lot depth requirement for property in an R-1 zone is 135 feet. Both parcels, having a depth of 174 feet, will meet this requirement Lot Combination: each of the proposed parcels will actually consist of two separate lots (Lot 1 & Lot 2), since Mr. Chavez owns both Lot 1 and Lot 2 and has not combined them into a single tax parcel with a single Property Identification Number (PIN). As a result, if approved, a lot combination form should be filed with Anoka County for both Parcel A and Parcel B. This will result in each parcel being identified as a single tax parcel with a single, unique PIN. Sanitary Sewer: Section 6, subdiv. 1.F states "no R-1 subdivision creating a lot less than ten acres shall be permitted in this district without public sanitary sewer and water." City sanitary sewer and water are available along both Laurene Avenue and White Pine Road. C.C. Meeting Chavez Minor Subdivision October 28, 2002 While any created lots would be serviced by such utilities, the existing home is not connected to either City sewer or water. It is the interpretation of the City that Section 6, subdiv. 1.F requires that all R-1 lots must be serviced by both services. As a result, the existing house would be required to connect to sewer and water as a condition of subdivision. To allow the parcel to be subdivided without connecting to City sewer and water would be to exacerbate, or increase, its non -conformity. Buildable Area Both lots meet the minimum buildable area requirement of 10,800 square feet. Easements There are no easements noted on the survey submitted by the applicant. The City will require the dedication of standard sized drainage and utility easements along all property boundaries. Additionally, as a point of information, there is a powerline that runs the length of the property along White Pine Road. This powerline is not identified with any easements, and is thus interpreted to exist within the road right-of-way. City Services/Septic Issues Parcel B will connect to City sanitary sewer and water, which is available via both Laurene Avenue and White Pine Road. Parcel A, however, is not currently connected to either City sanitary sewer or water. The City interprets Section 6, subdiv.1.F of the zoning ordinance to require all R-1 lots to be serviced with City sanitary sewer and water. As a result, the applicant would be required to connect to both services as a condition of subdivision. Access Issues The driveway for Parcel A (the existing home) is currently via Laurene Avenue, running across proposed Parcel B. As a result, if the minor subdivision is approved, the driveway for Parcel A will need to be relocated to access White Pine Road, rather than Laurene Avenue. P&Z RECOMMENDATION The above report was presented at the October 9, 2002, meeting of the Planning & Zoning Board. After consideration of the issues, the board voted to approve the proposed Minor Subdivision, with the conditions noted below. 3 C.C. Meeting Chavez Minor Subdivision October 28, 2002 CONCLUSION Staff would recommend approval, subject to the following conditions: 1. Connect the existing home to City sanitary sewer and water, per Section 6, subdiv.l.F., prior to the recording of the Minor Subdivision with Anoka County. 2. Relocate the existing driveway for Parcel A to access White Pine Road, rather than Laurene Avenue. 3. Since both Parcel A and Parcel B will consist of two lots (Lot 1 & Lot 2), a lot combination form should be done for both properties so that each lot will then be identified by a single PIN and exist as a single tax parcel. 4. Dedication of standard drainage and utility easements to the City: measuring 10 feet in width along the front property lines and five feet in width along the side and rear property lines. 5. Payment of a park dedication fee of $1,665, to be paid prior to the certification and recording of the Minor Subdivision. OPTIONS 1.) Approve the proposed Minor Subdivision with conditions. 2.) Deny the proposed Minor Subdivision. 3.) Return to staff with direction. RECOMMENDATION Option #1 4 IN 1 DR EXHIBIT # I AMU= aptin.I.4.1•1 42. m�� 2 lei©nu a©©aI_o�tlno mirk ■�3!■ 2 3 22 2♦ 3 4 L0 8 .421 BALDIl/N s LAKEi 1' 1 e©oa�000at e©©o® '�,� r;a0 w. .ONI.O 3 CliE TIVIR �r 1291 -WS I Ilium fes m FAS 0 Littatiglik MUM E-7---•4111111111 G tl1J;Y�! L MITS OF RCITY OF LI 0 LAKES CQUNTY -STATE-AID-HIGHWAY-ND. 32 - - MINOR SUI OIvISION $L1RvEir FOR: RA Y/LfOND CHA FEZ GRAPHIC SCALE NOTES: — N.G.V.D. Vertical Datum — Topography Collected in Field by E.G. Rud & Sons on 09-11-02. — Bearing's shown are on assumed datum. — This survey was prepared without the benefit of titlework. Easements, appurtenances, and encumbrances may exist in addition to those shown hereon, This survey is subject to revision upon receipt of a current title insurance commitment or attorneys (01 Fur ( 1 tech, W M1 ---1' ISA y_. 1ss BENCHMARK: I=y — Southwest Quarter of Section 36, Township 31, Range 23, Anoka County. Elevation = 901.65, EXISTING PROPERTY DESCRIPTION Lot 1 and 2, Block 1, ARTHUR E. THOM ACRES, Anoka County, Minnesota. LEGEND: o Denotes Iron Monument • Denotes Iron Monument V Denotes Fire Hydrant ro, Denotes Power Pole Denotes Manhole Sewer 117 Denotes Telephone Box PARCEL 81 Denotes Anoka County Monument [7] Denotes Catch Basin The East 100 feet of Lots 1 and 2, Block 1, ARTHUR EI THOM ACRES, Denotes 2' Contour Interval Anoka County, Minnesota. Set If PROPOSED PROPERTY DESCRIPTIONS: lig Found . PARCEL A: I"1 That port of Lots 1 and 2, Block 1, ARTHUR E. THOM_10, ACRES, Anoka County, Minnesota, lying westerly of the f. T,East 100 feet thereof. sc Iss 5. - :Z .w5 I;, NORTH Denotes i] Denotes -- --- -- Denotes -I Denotes Denotes L: __:_'_'_1 Denotes • Denotes Gate Valve Electrical Transformer Overhead Power Wire Bituminous Layer Gravel Drive Concrete Pod 12" Culvert i A 9234.56 Denotes Existing Devotions PARCEL AREAS: PARCEL Al 95,125 SQUARE FEET - 2.18 ACRES PARCEL g1 17,376 SQUARE FEET - 0.40 ACRES ss --" 1 /\ N .Wp / .p \ .Wp San �PId7-04' Q7 -e�s.sr LINDA AVEPI"E °I-1 'r+ \ IOU rn el 1 1 ♦1 11 I+ /\ A 1 / /A f(I 11-i /1 11 11 1 I /1 IS 1 \ �d 1 1 / \ 1 1 \I ♦/ / \ 1 \ ;.:ale' 1"= 50' Drawn By: NAA Project Manager: MMD Job No.:: '02 ncrsb ...ertiry. that this plan, survey or report was prepared by me or under my ,•meet s:,»ervision a;ld thul / am a duly Registered Land Surveyor under the jaws Ule Stole el Minnesota. Dated this day of 2002. License • No. E.0 .RUD 4 : SONe LAND ;SURVEYOR 9180 LEXINGTON 4yE.'NQ. 41RC} g PINE6 11INNE?OTR1 51 TEL`.'�i63-i86=55ia6 FAX • by H N Resolution No. 02-151 Councilmember Reinert introduced Resolution No. 02-151 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember Carlson and upon vote being taken thereon, the following voted in favor thereof: Reinert, Dahl, Bergeson, Carlson and O'Donnell. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION OF RESOLUTION NO. 02-151 APPROVING MINOR SUBDIVISION FOR THE CHAVEZ PROPERTY, LOCATED AT 6207 LAURENE AVENUE (LOT 1 & LOT 2, BLOCK 1, ARTHUR E. THOM ACRES) STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned, being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 02-151 with the original thereof on file in the City Clerk's office, and the same is a full, true and complete copy insofar as the same relates to: RESOLUTION NO. 02-151 APPROVING MINOR SUBDIVISION FOR THE CHAVEZ PROPERTY, LOCATED AT 6207 LAURENE AVENUE (LOT 1 & LOT 2, BLOCK 1, ARTHUR E. THOM ACRES) Witness my hand as said City Clerk and the Corporate Seal of the City this 7th day of November, 2002. (SEAL)