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