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Home My WebLink About1998-07-15 PACKET 08.C.REQUEST OF CfTY COUM1ICIL ACTION COUNCIL AGEIVDA MEETING ITEf� # DATE 7/15/98 q),�, PREPARED BY: Community Deve4opment Kim Lindquist ORIGfNATING DEPARTiVIENT STAFF AUTHOR ��rt��*��*�:.�.�.�.��.�..��.«��.��..�� COUNCIL ACTION REQUEST: Adopt a resolution approving the rurai subdivision application filed by Don �iscoe, for purposes of subdividing a 5.99 acre parcel into a 3.44 acre and a 2.55 acre parcel. The property is located 8220 Kimbro Ave. S.. BUDGET ►IVIPLICATION: N/A BUDGETED AMOUNT ADVISORY COMMISSION ACTION �. /� ' '' • •: � . ; . - : s. � ... . � . . � e • - � •' • • • •• � REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ N/A ACTUALAMOUNT DENIED ❑ ❑ ❑ ❑ ❑. ❑ ❑ [.� 1 7: 71 i 7: i � I�[H � Z�7 � 1 1 1� 1�� C.` 1 I APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Mema from Ben nAartig, Community Development Intern, dated 7/8/98 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMEidDATION: ❑ LEGAL RECOMMENDATION: � OTHER: 1) Excerpt from the unapproved Planning Cammission meeting minutes from their meeting on 6l22/98 2) Staff report and exhibits dated 6/16/98 ADMINISTRA°fORS COMMEiVI'S , _ ,C� `� i City Administrator Date �.��.��«.��4�,.�.«�<��.��*w.��¢��.�� o��c�L,��T�o� r�K��: [],��ov�� [� ��i�� ❑ ca�rr��et F:\LiROliI'SV'Lh.NNING\7998\CITYCOCM\98-!6 bivae covee.doc i'• � T0: Honorable Mayor and City Council Members Ryan Schroeder, City Administrator FROM: Ben Martig, Community Development Intern DATE: July 8, 1998 RE: Case RS 98-16, Rurat Subdivision DISCUSSION The applicant has requested approval to spiit an existing residentia! lot into two parcels. The Pianning Commission reviewed this item at their June 22, 1998, meeting. The Commission recommended approval with the three conditions listed. The applicant was present and stated he couid meet the stipulations of approval. The Planning Commission unanimously approved Mr. Biscoe's rural subdivision application subject to the conditions listed in the attached resolution. RECOMMENDATION Staff and the Planning Commission are recommending that City Council approve the rurai subdivision af 8220 Kimbro Avenue South, §ubject to the conditions stipulated in the attached resolution. F:\GROUPS�PIANNING\1998\CIT'COUNl98-16 biscoe memo.DOC RESOLUTION NO. 98-XXX RESOLUTION APPROVING THE RURAL SUBDIVtSION APPLICATION MADE BY DON BISCOE FOR PROPERTY IN THE NORTHEAST QUARTER OF SECTION 14 WHEREAS, Don Biscoe has applied for a rural subdivision to spiit a 5.99 acre parce� into two parcels as legaily described below: Parcel A That part of the South 800.00 feet of the East 326.70 feet of the Northwest Quarter of the Northeast Quarter of Section 14, Tawnship 27 North, Range 21 West, Washington County, Minnesota lying northwesterly of the northwesteriy line of Kimbro Avenue as described in Document No. 503315, of record and on file in the office of the County Recorder, Washington Gounty, Minnesota and lying southerly and easterly of tne following described line: Commencing at the southeast corner of said Northwest Quarter of the Northeast Quarter; thence North 00 degrees 31 minutes 51 seconds West, assumed bearing, along the east line of said Northwest Quarter of the Northeast Quarter a distance of 509.91 feet to the point of beginning of the line to be described; thence South 88 degrees 15 minutes 33 seconds West 59.57 feet; thence South 67 degrees 35 minutes 14 seconds West 278.58 feet; thence South 00 degrees 41 minutes 23 seconds West 405.17 feet to the southwest corner of the said South 800.00 feet of the East 326.70 feet of the Northwest Quarter of the Northeast Quarter. The area of this tract of land is 3.44 acres, more or less. Resolution 98-XXX Page 2 of 3 Parcel B That part of the South 800.00 feet of the East 326.70 feet of the Northwest Quarter of the Northeast Quarter of Section 14, Township 27 North, Range 21 West, Washington County, Minnesota lying northerly and westerly of the foliowing described line: Commencing at the southeast corner of said Northwest Quarter of the Northeast Quarter; thence North 00 degrees 31 minutes 51 seconds West, assumed bearing, along the east line of said Northwest Quarter of the Northeast Quarter a distance of 509.91 feet to the point of beginning of the line to be described; thence South 88 degrees 15 minutes 33 seconds West 59.57 feet; thence South 67 degrees 35 minutes 14 seconds West 278.58 feet; thence South 00 degrees 41 minutes 23 seconds West 405.17 feet to the southwest corner of the said South 800.00 feet of the East 326.70 feet of the Northwest Quarter of the Northeast Quarter. The area of this tract of land is 2.55 acres, more or less. Parcel B Note: Parcel B is to be attached to the Biscoe Land in the rest of the Northwest Quarter af the Northeast Quarter. Commonly known as 8220 Kimbro Avenue South. WHEREAS, a public hearing notice was published in the South Washington County Bulletin and notices were mailed to property owners within 500 feet of the above described property; and WHEREAS, the Planning Commission held a pubiic hearing on June 22, 1998; and WHEREAS, the Planning Commission unanimously approved (7-O) vote the application; and WHEREAS, the applicant, Don �iscoe, accepted the conditions being imposed for the subdivision; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the RuraB Subdivision appiication made by Don Biscoe to spiit a 5.99 acre parcei into a 3.44 acre parcei as legally described as Parcel "A" and a 2.55 acre parcel as legally described as Parcel "B", subject to the following conditions: Parcel B shail be combined with the abutting property in the rest of the NW1/4 of the NE1/4 (GEOCODE 14-027-21-12-0001) into one real estate tax parcel. Resolution 98-XXX Page 3 of 3 2. The applicant shail initiate a zoning amendment to create a single zoning district classification for the combined Parcel B and abutting parcel. The combining of the two parcels will create a spiit zoning district; R1 rural residential and AG-1 agricultursl preservafion. 3. The conveyed property located in the southeasterly corner of Parcel A (GEOCODE 14-027-21-12-0OQ7) shall be combined with Parcel A into one real estate tax parcei. Application to combine shouid be filed with the County prior to City Councii review. Passed this 15�' day of July, 1998. John D. Denzer, Mayor Attest: Caron M. Stransky, City Cierk EXCERPT FROM UNAPPROVED MINUTES OF PLANNING COMMISSION MEETING ON JUNE 22, 1998 Public Hearings 6.1 RS98-16 Don Biscoe has applied for a rural subdivision to create a 3.44-acre and a 2.55-acre parcei from a 5.99-acre tract of land. The property is located at 8220 Kimbro Avenue South. Ben Martig summarized the staff report and recommended approval subject to the three conditions listed in 4he staff report and that the 2.55-acre parcel be rezoned AG-1, Agricultural Reserve. Don Biscoe, the applicant, stated that he wanted to put the land back into agricultural use, as presented in the report. He explained the background associated with Wilmer Holz's lot split. Japs asked if Biscoe agreed to the recommendations. Biscoe responded that he had. Auge opened the public hearing. No one spoke. The public hearing was c%sed. Podoll moved to accept the applicafion subject to the conditions listed in the statf report. Rice seconded. 1. Parcel B shall be combined with the abutfing property in the rest of the NW1/4 of fhe NE1/4 (CEOCODE 14-027-21-12-0001) into one real estate tax parcel. 2. The applecant shall eneteate a aoning amendment to creafe a sengle zoning district classification fo� the com6ined Parcel B and abutting parcel. The combining of fhe two parce/s wi// create a sp/it zoning district: R1 rural residential and AG-1 agricultural preservation. 3. The conveyed property locafed in the southeasterty corner of Parcel A(GEOCODE 14-027-21-12-0007) shall be combined wifh Parce/ A into one rea/ estate tax parcet. Application to combine should be filed with the Counfy prior to City Council review. The motion passed unanimously. � � � r � �� . .s. � .J � �.� �� .. � • PUB�1C MEETING DATE: 6/22/98 TENTATIVE COUNCiL REVIEW DATE: 6/24/98 ;.. , � APPLICANT: Don Biscoe m REQUEST: Approval of a rurai subdivision application to subdivide a 5.99 acre parcel into two parcefs. SITE DATA LOCATION: ZONING: CONTIGUOUS LAND USE: 8220 Kimbro Ave. S. (GEOCODE 14-027-21-12-0003) R1, Rural Residentiai NORTH: AG-1, Agricultural Preserve EAST: R1, Rurai Residential SOUTH: R1, Rural Residential WEST: AG-1, Agricuttural Preserve •' � �, • Approvai, subject to recommendations by Staff. r � � .; � . , � � F:K'iROUP57PI.ANNING\1998U'CREPOR7�98-tG6�6•22•98COVER(RS).doc 8890 I� g _ 10680I I Y! 8850 I �� _"_� i � i --- � "-- i �. 104J8 � ` )680 i _ -.'_ � - _J75D � 7890 '_�L__, - '� _ � )860 f ^ 8,-._'__. -.-.. ._ i �.� i ' 79 f0 i �--�..-. t0702 % � t0701�� 7960 '�.""`^..�^*`.."� .____�Q�� \ � 'C,�*, ,� \�� 'r � � �'� �! � \` •..m� oy� �;, da\�` i �\ � �� . � � : 8�2. a i .Li � 8330 emi 8226 6229 � _J I i ; �� ; l.� ;� HnI � ! ,O �- N _ � � v a +) . � i i !'- � i .1_'_.__ ; _'.__ i N_ -"-- i � 1 i ---_ —'� PLANNING STAFF REPORT CASE RS98-16 JUNE 22,1998 PROPOSAL Don Biscoe has filed a Rurai Subdivision application to subdivide a 5.99 acre parcei of fand located at 8220 Kimbro Ave. S. (GEOGODE 14-027-21-12-0003) into two parcels. Parcel A wiil consist of 3.44 acres and Parcei B wili consist of 2.55 acres. A copy of the Certificate of Survey showing the existing taxing parcels and the proposed lot spiit is attached as Exhibit A. BACKGROUND In November of 1983, a conditionai use permit was approved to permit construction of a detached rurai storage buiiding (pole bam). This is the garage located southwest of the existing house. In 1996, a parcel (GEOCODE 14-027-21-0007) was conveyed to the Biscoe property from Wilmer Holz. The parcel, located in the southwesterly corner of Biscoe's property, is a triangular shaped area consisting of approximately 185 square feet. This property was to be combined with the Siscoe parcel of la�d located at 8220 Kimbro Ave. S. (GEOCODE 94-027-29- 12-0003} into one real estate tax parcei as a condition of the Holtz rurai subdivision approval. A search of county records indicates the combination has not been done. PLANNING CONSIDERATIONS Property Characferistics Parcel A and Parcel B are being subdivided along a barbed wire fence which runs across the property. A tree line parallels the barbed wire fence to the south on Parcel A. The applicants brother, Jerry Biscoe, currentiy resides in the existing single family home on Parcel A. One existing detached garage is located on the property. There is aiso two accessory detached structures located on the Parcei A; a horse shed located on the eastern boundary and a shed {ocated west of the pooi and existing house. Don Biscoe aiso owns an abutting parcel to the north and west of Parcels A and B(GEOCODE 14-027-21-12-0001) which he uses as a pasture land. Parcel B is proposed to be combined with this parcei as one reai estate tax parcei. Comp(iance with the Ordinance The proposed 3.44 acre Parcel A complies with the minimum lot area, lot width and public frontage requirements of 4he R1 district. However, the 2.55 acre Parce! B does not meet the 3 acre minimum lot area nor does it have any public frontage. As an independent parcel, it would be considered non-conforming and variances would need to be granted to be buildable. Because the applicant intends to combine the property with the adjoining lot, staff does not support granting any variances. The combining of the two parcels wiil create a lot with two different zoning Planning Report Case RS 98-16 June 22,1998 Page 2 different zoning classifications. Staff recommends the applicant initiate a rezoning to have the entire site within one zoning district. The boundary survey shows the accessory structures meet setback requirements with the exception of the accessory horse shed along the eastem boundary of Parcei A. This is an existing �onconforming structure which does not meet the required 25 foot side yard setback. Ufilifies There will be no impact on utilities from the subdivision. Comprehensive Plan The proposed subdivision complies with the Comprehensive Plan. RECOMMENDATION The Pianning Staff finds that the application compiies wifh the current Comprehensive Pian and meets ail of the City's minimum lot sizes and performance standard requirements for the R1 rurai residential zoning district. The application should be approved subject to the foilowing requirements: Parcei B shaii be combined with the abutting property in the rest of the NW1/4 of the NE1/4 (GEOCODE 14-027-21-12-0001) into one real estate tax parcel. 2. The appiicant shali initiate a zoning amendment to create a single zoning district classification for the combined Parcel B and abutting parcet. The combining of the two parcels will create a spiit zoning district; R1 rural residential and AG-1 agricuitural preservation. 3. The conveyed property located in the southeasteriy comer of Parcei A(GEOCODE 14- 027-21-12-0007) shail be combined writh Parcel A into one reai estate tax parcel. Appiication to combine shouid be filed with the County prior to City Council review. Prepared by: Benjamin S. Martig Gommunity Development Assistant ATTACHMENTS: Exhibit A: Certificate of Survey. . � . � F�� 4g o J i ` ` `� p �� a 4 c � fi � � w � � � � ' v� � �`I.y O �� ° o h W �� $ � ;� H � O � a � HF :3 ° 0�3 3��b � o •, 2� �;`sg �� E��f ti w � �ss' :��o� � q �g< 0 o e q Q��' ��`;< o a � .� .+ �«F� � � U' �• U ato�E F o � � �;�� «>�� O C � fli� m 'o ��zal N � �_,�€ U � q F Sa F b N '+' < o �, � � o. � � � a;isi � y � � �� :� :; � .n V A � � � � � � �� \ LKasa s�aez. �� dj . i:[::7{;`i}44i?' ' _ ] � ('� . .: �: . --'--�---- � � ��':: }`:. �:+p'' � i � +� �� '• $ .�•:•:::•::': � � �� i �$ O X#i:�'•:.J:� ^ a V �`�.::::'•:.:�: �.; a�� s . d6 v� AI �' C': "� �Ci � W : � y ,�w.� m .. 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