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HomeMy WebLinkAbout2010-11-17 PACKET 04.B.Consider amending the approved lot split at 10276 East Point Douglas Road to allow an additional driveway access. Adopt the resolution approving the amendment to the lot split at 10276 East Point Douglas Road. DATE rq PLANNING 10/25/10 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY 1:1 REVIEWED APPROVED DENIED ❑ El ❑ ❑ 'LCI kc) City Administrator Date COUNCIL ACTION TAKEN: AP ROVED ❑ DENIED OTHER CITY • COTTAGE GROVE Aff AM MINNESOTA M TO: Mayor and Members • the City Counci' Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner Q1 i 1111111�111�� 11 con:ri;; I a TOTOTOT-M I Michael and Paula Bushilla, owners of the historic Hope Glen Farm located at 10276 East Point Douglas Road, have requested an amendment to the conditions for a minor subdivision ap- proval that they obtained in 2006. The amendment is related to the number of permitted drive- way access points allowed to East Point Douglas Road. The Resolution No. 06-230, which approved the minor subdivision, currently prohibits any new access drives beyond the existing two driveways on the property. Honorable Mayor, City Council, and Ryan Schroeder Bushilla Resolution No. 06-230 Amendment November 10, 2010 Page 2 of 4 tion Road as "park and open space" and that the main entrance to Cottage Grove Ravinv Regional Park might be relocated along Innovation Road in the future. The Planning Commission unanimously (7-to-O vote) recommended that City Resolution No. 06- 230 • amended to allow an additional driveway access to East Point Douglas Road for Parcel A • Bushilla's property. A copy • the resolution amending Resolution 06-230 as recommended by the Planning Commission and an excerpt from the Planning Commission's unapproved minutes are attached. In 2006, the Bushilla's obtained approval for a minor subdivision that included: 1. A simple lot division to subdivide a 7.93-acre parcel of land at into two parcels of 5.0 acres and 2.93 acres 2. A variance to allow a lot width of 140 feet where 180 feet is required. 3. A variance to allow creation of a parcel that is 2.93 acres in size where 3.0 acres is required. The new parcel that was approved in 2006 has yet to be recorded with Washington County. The sale of the new lot would include the eastern driveway and would hinder access to the existing barn on the property. The applicants have acknowledged that a driveway access easement could be retained with the sale of the parcel, but have identified the desire to not encumber the new owners with a shared driveway as the first reason behind their request. A detail of the approved subdivision with the driveway details is included below. COTTAGE GROVE RAVINE REGIONAL PARK l3d' t , " F - 1 Main Driveway / � / b A Proposed Driveway 6 ,7 O ­gr Honorable Mayor, City Council, and Ryan Schroeder Bushilla Resolution No. 06-230 Amendment November 10, 2010 Page 3 of 4 The Bushilla's 7.93-acre rural homestead is a locally registered historic property known as Hope Glen Farm. The parcel was part of a larger farmstead formerly owned by Ms. Charlotte Healy prior to it being subdivided into the Eagle Ridge subdivision in the late 1990s. After acquisition of the property, the Bushilla's received a Historic Places conditional use permit (HPCUP) allowing for a limited variety of miscellaneous ventures on the property. This CUP is governed under Title 11-91-1-4, which was created by the City to specifically allow owners of historic property flexibility in use of their sites that can help in the maintenance and upkeep of older properties. The Bushilla's currently have a home-based printing business and host a variety of gatherings and activities on the site. In review of the code and the previous case file, this application does not affect the current CUP for the site. The additional traffic visiting the property related to the Historic Places CUP is the second reason that the need for an additional driveway access has been identified. The third reason given for the request is that the topography of the main driveway to the existing barn on the property is of such a significant difference that proper access would be difficult. The new driveway location would provide for better access to the barn. Honorable Mayor, City Council, and Ryan Schroeder Bushilla Resolution No. 06-230 Amendment November 10, 2010 Page 4 of 4 The proposed new driveway location has been reviewed • the City Engineer, and no issues were identified. A. The inclusion of the driveway prohibition is standard language that is incorporated into rural subdivision approvals as a means in which to limit future traffic conflicts on high traffic roads. B. The additional traffic visiting the property related to the Historic Places CUP warrants the need for an additional driveway access. C. The topography of the main driveway to the existing barn on the property is of such a sig- nificant difference that proper access would be difficult. D. The proposed new driveway location has been reviewed by the City Engineer, and no issues were identified. E. The ordinance does not prohibit multiple driveway access points for rural properties. That the City Council amend Resolution No. 2006-230, which approved a minor subdivision with variances at 10276 East Point Douglas Road South, to allow an additional driveway access to East Point Douglas Road for Parcel A of the minor subdivision, subject to the conditions listed in tWie qtt,2.cteO,*'Yq_t resolutiot. A, A WHEREAS, the City of Cottage Grove adopted Resolution No. 06-230 on November 15, 2006, approving a simple lot division to subdivide a 7.93-acre parcel of land into two parcels of 5 acres and 2.93 acres a variance to Title 11-9A-5, Development Standards in the R-1, Rural Residential zoning district, to allow a 2.93-acre parcel when a minimum of 3 acres is required and to reduce the required lot frontage from 180 feet to 140 feet. The property is legally described as: That part of Lot 1, Block 1, Eagle Ridge, on file and of record in the office of the County Recorder, Washington County, Minnesota, lying westerly and southwesterly of the following described line: Commencing at the southeast corner of said Outlot C; thence N48 bearing assumed, along the southwest line of said Outlot C, a distance of 163.21 feet; thence N41 a distance of 249.00 feet; thence N48 a distance of 150.00 feet to the point of beginning of the line to be de- scribed; thence N04 a distance of 255.70 feet; thence N19 a dis- tance of 202.29 feet to the north line of said Lot 1 and there terminating. FTATII on That part of the Northwest Quarter of Section 26, Township 27N, Range 21W, Washington County, Minnesota, described as follows: Commencing at the northwest corner of the Northwest Quarter of Section 26; thence S00 bearing as- sumed, along the west line of said Northwest Quarter, a distance of 1113.45 feet (measured) (1111.7 feet (deed)), to the centerline of Point Douglas Road; thence S48 along said centerline, a distance of 994.00 feet to the point of beginning of the land to be described; thence N41 a distance of 282.00 feet; thence S48 a distance of 13.20 feet to the point of beginning. Containing 217,618 square feet, 5.0 acres, more of less. Subject to easements of record, if any. Resolution No. 2010-XXX Page 2 feet; thence N04 31'28"E a distance • 255.70 feet; thence N19 a distance • 202.29 feet to the north line • said Lot 1 and there terminating. Containing 127,751 square feet, 2.93 acres, more or less. Subject to easements of record, if any. Lot Line Correction Kuehl to Deed to Bushilla That part of the Northwest Quarter of Section 26, Township 27N, Range 21W, Washington County, Minnesota, described as follows: Commencing at the northwest corner of the Northwest Quarter of Section 26; thence S00 bearing as- sumed, along the west line of said Northwest Quarter, a distance of 1113.45 feet (measured) (1111.7 feet (deed)), to the centerline of Point Douglas Road; thence S48 along said centerline, a distance of 994.00 feet to the point of beginning of the land to be described; thence N41 a distance of 282.00 feet; thence S48 a distance of 13.20 feet; thence S41 a distance of 282.00 feet; thence N48 a distance of 13.20 feet to the point of beginning. Containing 3287 square feet, more or less. Subject to easements of record, if any. Lot Line Correction Bushilla to Deed to Kuehl That part of Outlot C, Eagle Ridge, on file and of record in the office of the County Recorder, Washinton County, Minnesota, described as follows: Commencing at the southeast corner of said Outlot C; thence N48 bearing assumed, along the southwest line of said Outlot C, a distance of 163.21 feet to the point of beginning of the land to be described; thence N41 °14'00 "E a distance of 249.00 feet; thence N48 a distance of 13.20 feet, to the northwest corner of Outlot C; thence S41 along the northwest line of Outlot C, a distance of 249.00 to the southwest line of Outlot C, thence S48 along said southwest line, a distance of 13.20 feet to the point of beginning. Containing 3287 square feet, more or less. Subject to easements of record, if any. IN WHEREAS, Michael and Paula Bushilla requested an amendment to the approved lot split with variances to allow an additional driveway access to East Point Douglas Road; and WHEREAS, the Planning Commission reviewed the request at their meeting October 25, 2010, and unanimously (7-to-O vote) recommended that Resolution No. 06-230 be amended to allow an additional driveway access to East Point Douglas Road for Parcel A of the Bushilla's property. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves an amendment to Resolution No. 06- 230 to allow an additional driveway access to East Point Douglas Road for Parcel A on the property legally described above, based on the following findings of fact: Resolution o. 2010 -X Page 3 A. The inclusion of the driveway prohibition is standard language that is incorporated into rural subdivision approvals as a means in which to limit future traffic conflicts • high traffic roads. B. The additional traffic visiting the property related to the Historic Places CUP warrants the need for an additional driveway access. C. The topography of the main driveway to the existing barn on the property is of such a significant difference that proper access would be difficult. D. The proposed new driveway location has been reviewed by the City Engineer, and no issues were identified. E. The ordinance does not prohibit multiple driveway access points for rural properties. BE IT FURTHER RESOLVED, the approval of this amendment to Resolution No. 06-230 is subject to the following conditions: 1 The property owners must abide by the conditions stipulated in Resolution No. 06- 230, approving the simple lot division with variances. 2. All necessary permits are applied for and received from the City of Cottage Grove, including but not limited to a building permit for the driveway and any required right- of-way permits. Passed this 17th day of November, 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk [ 0101 I 1 1' # i Paula and Michael Bushilla have requested an amendment to the approval of their lot split to allow a second driveway at 10276 East Point Douglas Road South.