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HomeMy WebLinkAbout#05 8200 Hill Trail Deed Restriction repeal STAFF REPORT DATE: 3/7/2017 CONSENT ITEM #: 5 TO: City Council FROM: Stephen Wensman, Planning Director AGENDA ITEM: 8200 Hill Trail Restrictive Covenant Repeal REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: On 10/05/1982, the owner of 8200 Hill Trail requested a variance related to lot size, house setbacks, and septic system setbacks to a garage. The variance was approved and a restrictive easement was recorded against the property. The owner, Mr. Sewell, is now considering an addition to his home that would add two additional bedrooms, for a total of 4-bedrooms. The required upgrades to his septic system have been made in advance of the construction per Washington County’s requirements. In order for Mr. Sewell to pursue an addition to his home with two additional bedrooms, Mr. Sewell needs the City to remove the restrictive covenant. ISSUE BEFORE THE COMMISSION: The issue before the City Council is a request to remove a restrictive covenant on 8200 Hill Trail. PROPOSAL DETAILS/ANALYSIS: The construction of the original home required several variances pertaining to shoreland setbacks, minimum lot size and septic system setbacks. The original home was proposed as a one bedroom, but the septic system was sized to accommodate a two bedroom home. At the time, the City of Lake Elmo was the permitting authority for septic systems. The variances were approved and a restrictive easement was recorded against the property with the following condition: 3. The residential dwelling to be constructed, reconstructed or maintained on the lot, shall have no more bedrooms than 2. No additional bedrooms shall be allowed on the lot without prior written agreement of the City. The City is no longer the permitting authority for septic systems. The restrictive covenant was drafted to protect the septic system under the City’s jurisdiction. The County has approved a septic system for a home with four bedrooms and the septic system improvements have been installed. Staff has not reviewed any building permit and the extent of the proposed addition is not yet known. Assuming that the proposed additions meet all city requirements, Staff has no objections to the removal of the restrictive covenant. City Council Meeting Consent Item #5 March 7, 2017 Page 2 Removal of a restrictive covenant requires a majority vote of the City Council. FISCAL IMPACT: None. OPTIONS: The options before the City Council is whether to remove the restrictive covenant or to leave it in place. RECOMMENDATION: Staff recommends, as part of tonight’s consent agenda, the adoption of Resolution 2017-019 to remove the restrictive covenant on 8200 Hill Trail. If the Council wishes to remove the agenda item from consent, then Staff recommends the City Council Adopt Resolution 2017-019 with the following motion: “Move to adopt Resolution 2017-019 to remove the restrictive covenant on 8200 Hill Trail” ATTACHMENTS: • Resolution 2017-019 Variance Application form from 1982 • Restrictive Covenant for 8200 Hill Trail • Certificate of Compliance for subsurface Sewage System • Original variance application form from 1982 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO RESOLUTION NO. 2017-019 A RESOLUTION REMOVING A RESTRICTIVE COVENANT ON 8200 HILL TRAIL, J L COHN SUBDIVISION LOT 5 BLOCK 1 THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Lake Elmo has received a request to remove a restrictive covenant from a property located at 8200 Hill Trail N., PID# 090.292.123.0005 from David Sewell, 8200 Hill Trail N in order to allow the construct an addition with additional bedrooms; and WHEREAS, on October 5, 1982, several variances were approved permitting the construction of the existing home on 8200 Hill Trail N; and WHEREAS, in 1982, the City of Lake Elmo was the permitting authority for on-site septic systems; and WHEREAS, in order to protect the on-site septic system and the City, a restrictive easement was recorded against the property to protect the septic system; and WHEREAS, the restrictive covenant included a condition such that the residential dwelling to be constructed, reconstructed or maintained on the lot, shall have no more bedrooms than 2. No additional bedrooms shall be allowed on the lot without prior written agreement of the City; and WHEREAS, in 2017, Washington County is the permitting authority for on-site septic systems and the County has approved a new septic design for the property at 8200 Hill Trail N with capacity for a 4-bedroom home. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request for removal of a restrictive covenant is hereby granted in accordance with the property descriptions provided above. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this resolution. Adopted by the Council this 3rd day of March, 2017. Effective Date:_______________________ Approved: ________________________________ Mike Pearson, Mayor Attested by: ________________________________ Julie Johnson, City Clerk