HomeMy WebLinkAbout#10 - Attachmentstill 1.111 (it
LAKE ELM()
PLANNING COMMISSION
DATE: 9/14/15
AGENDA ITEM: 6A - BUSINESS ITEM
CASE # 2015-30
ITEM: Kleis Farm Minor Subdivision
SUBMITTED BY: Kyle Klatt, Planning Director
REVIEWED BY: N/A
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to consider a minor subdivision request from Peter Kastler
to create two new 10-acre parcels from a larger 54.29 acre parcel presently owned by the Kleis
Family Trust. Staff is recommending approval of the minor subdivision as presented with conditions
of approval related to any future building on the new parcels.
GENERAL INFORMATION
Applicant: Peter Kastler, 9130 55'h Street North, Lake Elmo, MN
Property Owners: Kleis Family Trust, 9130 5.5th Street North, Lake Elmo, MN
Location: 9130 5511 Street North
Request: Application for a Minor Subdivision to split said property into three separate
parcels with two new lots of 10 acres in size.
Existing Land Use and Zoning: Agricultural land with farmstead.
Surrounding Land Use and Zoning: Rural Residential, Agricultural, Rural Single Family, and
Residential Estates lots. Located across from Green Acres.
Comprehensive Plan: RAD - Rural Agricultural Density
Histoiy: The site has historically been used for farming. There are multiple agricultural
buildings on the premises, in addition to two separate single family residential
dwelling units. Based on Staffs review of the property, these units appear to be a
legal non -conforming use of the property.
Deadlinelbr Action: Application Complete - 8/27/15
60 Day Deadline - 10/27/15
Extension Letter Mailed - No
120 Day Deadline - 12/27/15
Applicable Regulations: Chapter 153 - Subdivision Regulations
§154.400-408 Rural Zoning District Standards
BUSINESS ITEM 6A
2
REQUEST DETAILS
The City of Lake Elmo has received a request from Peter Kastier, 9130 5511' Street North, for a Minor
Subdivision to split property that has historically been called the Kleis farmstead at the same address
into three parcels as follows:
• Two 10-acre parcels along the western edge of the larger farmstead property that would each
have direct access to 55'" Street North.
The remaining 34.29 acres that would consist of the existing farmstead and related buildings
and surrounding land east of the two new lots,
The subdivision will facilitate the sale of the larger 10 acre parcels while allowing the Kleis family to
retain ownership of the larger farmstead. Each of the parcels that will be created with the minor
subdivision will meet the City's minimum requirements for lot size, frontage, and ratios for parcels in
the rural residential zoning district. The applicant has provided a wetland delineation report with the
application to the City, and there is an existing wetland in the extreme southwestern portion of
"Parcel A" as labeled on the attached survey. Any future construction on this property will need to
observe appropriate setbacks from the wetland. The applicant has also submitted a site evaluation
performed by a licensed septic designer establishing two preliminary sewage treatment areas on the
two new lots. Prior to permitting any building on the property, any future owners will need to
demonstrate that there is 20,000 square feet of land suitable for septic drain fields and area sufficient
for 2 separate and distinct drain field sites on each parcel.
The City's Subdivision regulations allow for certain subdivisions of land to he exempt from the
City's requirements for platting when nor more than four lots are being created and when these lots
comply with the minimum road frontage and area requirements of the underlying zoning. The lots
that would be created as part of the minor subdivision each meet or exceed the RR- Rural Residential
zoning requirements concerning lot size and lot frontage (10 acres and 300 feet respectfully).
REVIEW AND ANALYSIS
With the configuration of the lots as proposed, Staff is recommending that the City's review include
conditions to ensure that ftiture reviews are properly conducted on the site, Of particular importance
will be the placement of the driveways for each lot so that they do not create a public safety issue at
the intersection oflamaca Avenue North and 55th Street North, therefore, any future driveway
locations should be reviewed and approved by the City Engineer. Staff is also recommending a
condition of approval related to any required Watershed District permitting necessary for either
subdivision approval or future construction on the site.
Because the proposed subdivision will create two new buildable lots, the applicant will need to pay a
fee in lieu of land dedication for the newly created lots consistent with the City's adopted fee
schedule, In this case, the applicant will need to pay a fee of $3,600 for each lot.
Based on the above Staff report and analysis, Staffis recommending approval of the minor
subdivision with conditions intended to address the future review issues noted above. The
recommended conditions are as follows:
BUSINESS ITEM 6A
Recommended Conditions of Approval:
I ) The applicant shall pay a fee in lieu of parkland dedication in the amount of $3,600 per
buildable lot ($7,200 total) prior to any formal City authorization to split the existing
parcel into three lots.
2) The future location of any driveways providing access to the two 10-acre parcels shall be
subject to review and approval by the City Engineer.
3) The applicant must obtain any permits, if required, from the Valley Branch Watershed
District either in conjunction with the City's approval of a Minor Subdivision or prior to
the commencement of any construction activity on each parcel.
4) The minimum low floor elevations for the individual lots must be depicted on any future
surveys for building permits on each lot.
DRAFT FINDINGS
Staff is recommending that the Planning Commission consider the following findings with regards to
the proposed Minor Subdivision:
That the Minor Subdivision is consistent with the Lake Elmo Comprehensive Plan and the Future
Land Use Map for this area.
That the Minor Subdivision complies with the minimum lot frontage and area requirements of the
City's RR - Rural Residential Zoning District.
That the Minor Subdivision complies with the City's subdivision ordinance and specifically the
requirements concerning exceptions to platting.
RECCOMENDATION:
Staff reconunends that the Planning Commission recommend approval of the minor subdivision
request from Peter Kastler to split the parcel at 9130 55th Street North into three separate parcels,
thereby creating two new buildable lots of 10-acres each.
Suggested motion:
"Move to recommend approval of the Kids Farmstead Minor Subdivision"
ATTACHMENTS:
1, Application Form
2. Application Narrative
3, Minor Subdivision Survey
4. Proposed Legal Descriptions
5, Septic Report
6. Wetland Delineation Report (Available Upon Request)
BUSINESS ITEM 6A
4
ORDER OF BUSINESS:
Introduction ...... ....... .... ...... ....... ..... ....... Planning Staff
Report by Staff ..... Planning Staff
Questions from the Commission ....... Chair & Commission Members
Discussion by the Commission..............................Chair & Commission Members
- Action by the Commission.....................................Chair & Commission Members
BUSINESS ITEM 6A
Date Received:
Received By:
Permit
651-747-3900
3800 Laverne Avenue North
Lake Brno, MN 55042
LAND USE APPLICATION
El Comprehensive Plan [I] Zoning District Amend LI Zoning Text Amend E] Variance(see below) LI Zoning Appeal
Conditional Use Permit (CUP.) El Flood Plain C.U.P. El Interim Use Permit (1.U.P.) Ei Excavating/Grading
LJ Lot Line Adjustment
Minor Subdivision Li Residential Subdivision Sketch/Concept Plan
[I] PUD Concept Plan 0 PUD Preliminary Plan Ej PUD Final Plan
i•et't Applicant:
Address: Address: 3411' t
Phone # 2
Email Address: 1-Le
Fee Owner: 6/S
Address: 713*
Phone # 61 ji ?/Lr
Email Address:
.t_tk telt
7770/J7
I) ill ft, 5-76
)Property Location (Address and Complete (long) Legal Description: 134 ,C5-1$' 54. L /Z‘ /1/14
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Detailed Reason for Request:
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'Variance Requests: As outlined in Section 301.060 C, of the Lake Elmo Municipal Code, the applicant must demonstrate
practical difficulties before a variance can be granted. The practical difficulties related to this application are as follows:
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In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning
ordinance and current administrative procedu,res. I further acknowledge the fee explanation as outlined in the application
procedures and hereby agree to pay ents received from the City pertaining to additional application expense.
Signature of applicant:
Signature of fee owner:
ire. I /90
Date:
Date:
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OSTP Preliminary Evaluation Form
OSTP Preliminary Evacuation Form
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OSTP Field Evaluation Form
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Additional Soil Observation o s
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OSTP Sol' bservation Lae
Additional Soil Observa on
Minor Subdivision
SURVEY FOR:
Peter Kastler
Klies Family Trust
9130 55th StN
Lake Elmo, MN 55042
LEGAL DESCRIPTION:
See separate sheet.
Part of the Northwest Quarter of Section 3
Township 29 North, Range 21 West
City of Lake Elmo, Washington Co., MN
SE Sfi
Vicinity Map
Section 3 — T29N — R21W
City of Lake Elmo,
Washington County, Minnesota
ORIGINAL SCALE
1 INCH = 200 FEET
100 200
SCALE IN FEET
Folz, Freeman, Erickson, Inc.
LAND PLANNING • SURVEYING • ENGINEERING
TT 12445 55TH STREET NORTH
r LAKE ELMO, MINNESOTA 55042
Mos (651) 439.8833 Fa (651) 430.9331
LEGEND
DENOTES SET )4iNc., WA. BY T6 NCTRON PIPE MONUMENT
0 MARKED W.TH A PLASTIC CAP INSCRiBED 'FREEMAN LS I6989.%
UNLESS ST-101 OTHERNISE
0 DENOTES FOUND MOWNIENT, SIZEAND MARKTNGS AS INDICATED
a,„, DENOTES HEARING PER TIRE COMMITMENT P22405-15-P1436 -
ExHIENT
Note: Monuments shown on map will bc set barring approval.
NOTES
BEARING ORTENTAGON /S BASED ON THE WASRINGTON COUNTY DOORMAT{
SYSTEM, NAM, 1966 AD,AATIRENT
BEARING ORIENTATION FOR THE NORTH LINE CI 55TH STREET NORTN PER
FIUME ESTATES ROTATED 0.4906. COUNTER-DLOGIAINSE MGM RECORD
HEARING ORiENTA1105
Note Survey prepared without the benefit of current title work. There
may be documents of record that affect this pruPertY.
460
1 hereby certtly that this survey, plan or report was prepared by me or
under my direct supervision and that 1 am a duly Licensed Land Surveyor
under the Laws of the State of Minnesota,
Timothy J.
Minnesota 1.989
4/31/.1015
Date
Note: Official C0pic5 of 0,4
NiapNo. 15-04 Ke5liPr - te150t SubdhisTan - Poge
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Folz,Fre=mani, Er-ickson, Inc'
LAND PLANNING ^ oonvoxuvu ^ oworwsmumo
S URVE Y FOR/
Peter&asder
83ivaFamily TnLst
9L3855tkStN
Lake Elmo, &4N55042
Part of the Northwest Quarter of Section
Township 29 North, Range 21 West
City of Lake Ekno, Washington Co., MN
PROPOSED LEGAL DESCRIPTIONS~
Proposed Parcel
Legal Description
That part ofthe Southwest Quarter cfthe Northwest Quarter, Section 3'Township JgNorth, Range 31West, City cfLake
Elmo, Washington County, Minnesota described asfollows:
Beginning atthe northwest corner of said Southwest Quarter ofthe Northwest Quarter; thence North 89degrees 5O
minutes 05seconds East, bearings oriented tothe Washington County Coordinate System, NAD83' 1986ad]usunent,
along the north line ofsaid Southwest Quarter nfthe Northwest Quarter, adistance of66O.Z1feet; thence South Z3
degrees 40 minutes 51 seconds West, a distance of 1220.40 feet to the north line of 55th Street North as dedicated on
FOX FIRE ESTATES, according tnthe plat thereof onfile and ofrecord inthe off ice ofthe County Recorder, Washington
[ounty, Minnesota; thence northwesterly along said north line of 55th Street North, on a non -tangential curve,
concave to the north, chord bearing North 11 degrees 20 minutes 50 seconds West, radius 370.00 feet, central angle
11degrees JOminutes 50 seconds, 73.28 feet; thence North 27 degrees 58 minutes 20 seconds West along said north
line of5SthStreet North, adistance of5S28feet, thence northwesterly along utangential curve, concave tothe
southwest, chord bearing North 36 degrees 24 minutes 40 seconds West, radius 530.00 feet, central angle 16 degrees
52 minutes 41 seconds, 156.13 feet, along said north line of 55th Street North to the west line of said Southwest
Quarter of the Northwest Quarter; thence North 00 degrees 44 minutes 12 seconds West, along said west line ofthe
Southwest Quarter of the Northwest Quarter, a distance of 881.06 feet to the point of beginning,
Proposed Parcel
Legal Description
That part of the Southwest Quarter of the Northwest Quarter, Section 3, Township 29 North, Range 21 West, City of Lake
E|nnq Washington [ounty, Minnesota described usfollows:
Commencing the northwest corner of said Southwest Quarter of the Northwest Quarter; thence North 89degrees SO
minutes 05 seconds East, bearings oriented to the Washington County Coordinate System, NAD83, 1986 adjustment,
along the north line of said Southwest Quarter of the Northwest Quarter a distance of 660.21 feet to the point of
beginning; thence continue North 89 degrees 50 minutes 05 seconds East, along said north line, a distance of 373.45
feet; thence South 24 degrees 40 minutes 26 seconds West, a distance of 1380.29 feet to the north line of 55th Street
North as dedicated on FOX FIRE ESTATES, according to the plat thereof on file and of record in the office of the County
Recorder, Washington County, Minnesota; thence northwesterly along said north line ofS5thStreet North, ona
non -tangential curve, concave to the north, chord bearing North 64 degrees 44 minutes 58 seconds West, radius
370.00 feet, central angle 50 degrees 51 minutes 38 seconds, 328.44 feet to the intersection with a line bearing South
23degrees 40minutes 61seconds West from the point ufbeginning; thence North 23degrees 40minutes 61seconds
East, a distance uflZ2U.4Otothe point ofbeginning.
Proposed Remnant Parcel
Legal Description
That part ofthe Southwest Quarter ufthe Northwest Quarter, Section 3,Township 29North, Range 21West, City cfLake
Elmo, Washington Cmunty, Minnesota described as follows:
Commencing the northwest corner of said Southwest Quarter of the Northwest Quarter; thence North 89degrees SO
minutes 05 seconds East, bearings oriented to the Washington County Coordinate System, NAD83, 1986 adjustment,
along the north line of said Southwest Quarter of the Northwest Quarter a distance of 1033.66 feet to the point of
beginning; thence continue North 89 degrees 50 minutes 05 seconds East, along said north line, a distance of 284.35
feet tmthe east line ofsaid Southwest Quarter ofthe Northwest Quarter; thence South OOdegrees 4Zminutes S2
seconds East, along said east line, a distance of 1312.50to the south line of said Southwest Quarter ofthe Northwest
Quarter, thence South 89 degrees 49 minutes 22 seconds West, along said south line, a distance of 358.74 feet to the
north line of 55th Street North as dedicated on FOX FIRE ESTATES, according to the plat thereof on file and of record in
the office ofthe County Recorder, Washington County, Minnesota; thence northwesterly along said north line cfSSth
Street North, onanon-tangential curve, concave to the north, chord bearing North 73degrees 47minutes 43seconds
West, radius 3DO.00feet, central angle ]2degrees 3Ominutes S2 seconds, 2lG.S3feet; thence South 89degrees 49
minutes 13 seconds West along said north line of5Sth Street North, a distance of313DOfeet to the intersection with o
line bearing South 24 degrees 40 minutes 26 seconds West from the point of beginning; thence North J4degrees 4O
minutes Z6seconds East, adistance of13QO.29tothe point ofbeginning.
Also, that part ofthe Southeast Quarter ofthe Northwest Quarter of Section 3'Township Z9North, Range 3lWest,
Washington County, Minnesota lying southerly of the North 100.00 feet thereof and lying westerly of the following
described line:
Commencing at the southeast corner of said Southeast Quarter of the Northwest Quarter, thence South 89 degrees 00
minutes 16 seconds West, assumed bearing, along the south line of said Southeast Quarter of the Northwest Quarter a
distance of 693.00 feet to the point of beginning of the line to be described; thence North O2degrees 44minutes 1D
seconds West 12l].OSfeet tuthe south line ufsaid North 1OU.00feet ufthe Southeast Quarter ofthe Northwest
Quarter and said line there terminate.
J hereby cerT6 that this survey, plan or report wasprepared by me or
under my direct supervision and that I am a duty Licensed Land Surveyor
under the Laws of the State qfMipnesotu,
fmo thy J.
Minnesota
w�.u%�d I C.Pi. Of th'I=,=
1613112015
Date