DEVELOPMENT BUSINESS - Lori Johnson, City Planner
Title
GRANTING A WAIVER OF PLATTING TO SPLIT ONE PARCEL INTO TWO PARCELS IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT LOCATED AT 11743 LONDON STREET NE. KATJA LUDGATE AND MICHAEL HUDOBA. (CASE FILE NO. 20-0037/LSJ)
Schedule of Actions
|
Planning Commission (Public Hearing) |
11/10/20 |
|
City Council (Waiver of Platting) |
12/07/20 |
|
Action Deadline |
01/29/21 |
Planning Commission Action
Staff report prepared by Lori Johnson
The Planning Commission voted unanimously to approve the Waiver of Platting (see attachment). Two people that lived in Deacon’s Forest 3rd Addition spoke at the public hearing and their concerns were as follows:
• One resident spoke about wanting to make sure the new home being constructed is consistent with the Deacon’s Forest 3rd development.
• One resident had concerns about ongoing outside storage on the large lot that is being subdivided, as well as the neighborhood along 119th Avenue. He would like to see the large lot and the new lot included in the homeowner’s association.
• One resident had questions about the process for subdivision and how that relates to the sale of the property.
The applicant also spoke on her behalf.
Background
In 2004, the subdivision known as Deacon’s Forest 3rd Addition was created on the east side of London Street at the 118th Avenue alignment. The subdivision was zoned to DF (Development Flex) and a set of standards was established through the conditional use permit for this development.
One of the lots in this development, on the southeast corner of London Street and 118th Avenue (Lot 1, Block 1), was platted as a larger lot due to the existing home on the property and the desire of the owners to keep the lot larger for their own personal use. Once the development was underway, the owners of this larger lot decided they wanted to build a new home on the property, rather than keep the existing home. In 2004, the City Council granted a conditional use permit amendment for this property so the new home could be constructed similarly to the adjacent homes on London Street and on the west side of the London Street. Essentially, the homeowner wanted to build a larger home with different setbacks and standards than those allowed in the Deacon’s Forest 3rd Addition.
At this time, the owners of Lot 1, Block 1 Deacon’s Forest 3rd Addition, would like to subdivide this larger lot to accommodate the creation of a 60-foot by 135-foot lot (Parcel B) on the east side of the property. The size of the new lot matches the rest of the lots created in Deacon’s Forest 3rd Addition. Utility services are present in 118th Avenue to serve a new lot of this size at this location. The existing home would remain on Parcel A.
Also requested is a conditional use permit amendment for the new lot (Parcel B) that is being created. As previously stated in this report, the development standards for the underlying larger lot do not currently match what is required for the Deacon’s Forest 3rd Addition smaller lots. The amendment being proposed would establish standards for this new lot that make the home construction consistent with the other homes within this development, rather than the larger homes on London Street and on the west side of London Street. Parcel A would still remain under the development standards of Resolution 04-127.
Staff has become aware that there are private irrigation lines running through Parcel B adjacent to 118th Avenue. These lines were installed when Deacon’s Forest Third Addition was under construction so the association could maintain the front portion of the newly proposed Parcel B. The applicant and the association will need to work together to either keep the irrigation lines in place and add Parcel B to the association or allow the irrigation lines to be removed and reinstalled by the owner of the new lot. This is a private agreement that the City cannot participate in.
Recommendation
By motion, approve the Resolution.
Attachments
Zoning and Location Map
Lot Split Description
Narrative
Resolution 04-07
Resolution 04-127
Public Comment
Unapproved Planning Commission Minutes 11/10/20
Body
WHEREAS, an application has been filed by Ludgate, Katja C and Hudoba, Michael J as Waiver of Platting Case No. 20-0037 and;
WHEREAS, said case involves the division of a parcel into two separate lots, Anoka County, Minnesota, described as follows:
CURRENT DESCRIPTION
LOT 1 BLOCK 1 DEACONS FOREST 3RD ADDITION, ANOKA COUNTY, MINNESOTA.
PARCEL A
THAT PART OF LOT 1, BLOCK 1 DEACONS FOREST 3RD ADDITION, ANOKA COUNTY, MINNESOTA, LYING WEST OF THE EAST 60 FEET OF SAID LOT 1, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEROF.
PARCEL B
THE EAST 60.00 FEET OF LOT 1 BLOCK 1 DEACONS FOREST 3RD ADDITION, ANOKA COUNTY, MINNESOTA, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF.
WHEREAS, the Blaine Planning Commission has reviewed said case on November 10, 2020; and
WHEREAS, the Blaine Planning Commission has recommended said case be approved; and
WHEREAS, the City Council of the City of Blaine has reviewed said case on December 7, 2020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Waiver of Platting per Section 18-9(B)(2) of the Subdivision Ordinance is hereby granted to Ludgate, Katja C and Hudoba, Michael J, allowing to record the above described division with the Anoka County Recorder’s Office, based on the following conditions:
1. Park dedication is due for the one new residential unit at the amount of $4,449.
2. Waiver of platting to be recorded at Anoka County.
3. The applicant to work together with the association established for Deacon’s Forest 3rd Addition to deal with the private irrigation lines installed on Parcel B.
4. The Mayor, City Clerk and City Manager are hereby authorized to execute any and all necessary documents, agreement and releases related to the approval, recording or administration of this lot split.
PASSED by the City Council of the City of Blaine this 7th day of December, 2020.