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August 22, 2017 3017 Croft Drive Parcel Transfer Page 2 CONSIDERATIONS RELATING TO THE PROPOSED LOT LINE ADJUSTMENT AND PARCEL TRANSFER 1. Background Applicant John Flagg, the owner of the property at 3017 Croft Drive, is proposing a 10-foot lot line adjustment and subsequent parcel transfer to his property from the parcel to the north (3021 Croft Drive, owned by Sothamith Chau). The purpose of the lot line adjustment and parcel transfer is for the existing driveway access to 3017 Croft Drive Applicant to be entirely located on the Applicant’s property. The Applicant has provided a complete survey illustrating the lot line adjustment and calculating the adjusted lot areas and impervious surface coverage. The Applicant has also provided evidence of a legal agreement between himself and the owner of 3021 Croft Drive in the form of a Quit Claim Deed signed by Sothamith Chau. The Quit Claim has already been processed by Hennepin County. The survey provided by the Applicant indicates that the lot line adjustment and subsequent parcel transfer will add 701 square feet to the property at 3017 Croft Drive. Under the existing parcel conditions, the property at 3021 Croft Drive has 23% impervious cover and the property at 3017 Croft Drive has 37.2% percent impervious cover. The allowed impervious cover maximum for R-1 properties larger than 9,000 square feet in area is 35 percent. Following the parcel transfer, the property at 3021 Croft Drive still has 23% impervious cover and the property at 3017 Croft Drive has 36.8% impervious cover. The property at 3017 Croft Drive has a larger impervious cover percentage than the Zoning Code allows, but the parcel transfer reduces rather than expands this nonconformity and thus can be allowed. 2. Applicable Codes. Section 151 Subdivision Regulations, Section 152.08 “Subdivision Without Platting is the applicable section of city code related to this application. This section states: “The City Council may waive compliance with the platting requirements of this subchapter and approve subdivision by conveyance of land by adoption of a resolution to that effect based upon findings by the City Council that: compliance with the platting requirements would create an unnecessary hardship or expense because of the nature of the subdivision, and failure to require the filing of a plat does not interfere with the purposes of this subchapter. The City Council may consider the number of parcels resulting from the subdivision, the complexity of the legal descriptions, the necessity for dedication of streets or drainage and utility casements, and the probability of future subdivision of the parcels.” 3. Staff Recommendation A lot line adjustment is considered a minor subdivision request. Staff supports the City Council’s prerogative to waive compliance with the full subdivision criteria and use their discretion to make a final decision regarding this lot line adjustment request. The Applicant’s request does not change the fundamental use or site layout of either of the parcels involved. There is evidence that both property owners are amicable to this agreement in the form of a signed Quit Claim Deed. There is a rational basis for the request, in that the Applicant wishes to ensure that the driveway leading to his home is located entirely on his property. Although the property at 3017 Croft Drive does exceed the impervious surface limit of 35 percent, the lot line adjustment effectively reduces this nonconformity. 68