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File #: RES 21-137    Version: 1 Name: Waiver - Thomland Homes & Remodeling (21-0048)
Type: Resolution Status: Passed
File created: 7/7/2021 In control: City Council
On agenda: 7/7/2021 Final action: 7/7/2021
Title: Waiver of Platting to Correct and Re-establish the Property Line Between Two (2) Lots in an R-1 (Single Family) Zoning District at 8536 and 8544 Lincoln Street NE. Thomland Homes & Remodeling LLC (Case File No. 21-0048/SLK)
Sponsors: Lori Johnson
Attachments: 1. Attachments, 2. Public Comment

Public Hearing - Lori Johnson, City Planner

 

Title

Title

Waiver of Platting to Correct and Re-establish the Property Line Between Two (2) Lots in an R-1 (Single Family) Zoning District at 8536 and 8544 Lincoln Street NE. Thomland Homes & Remodeling LLC (Case File No. 21-0048/SLK)

end

 

Executive Summary

The applicant is looking to adjust a lot line between two parcels to provide an 11.6 setback for an existing home (Parcel A) and a 10-foot setback for a proposed home (Parcel B).

 

Schedule of Actions

City Council (Waiver of Platting)

07/07/21

Action Deadline

08/13/21

 

Background

Staff report prepared by Shawn Kaye, Associate Planner

 

The applicant and their neighbor own two adjacent parcels, 8539 Lincoln Street (Parcel B) and 8544 Lincoln Street (Parcel A). The owner of Parcel A would like their home to meet the required 10-foot house setback and existing driveway to meet the required 3-foot side yard setback. The owner of Parcel A is willing to adjust the lot line on the southeast corner of the site (lose a portion of his parcel) in order to gain land for the house setback on the south end of his lot. The owner of Parcel B will gain additional area to construct a home on his parcel due to the minimum area of the lot and because of the requirement that any new structure must meet a 75-foot setback from the ordinary high water level (OHWL).

 

The homeowner of the existing driveway on Parcel A will need to have the driveway removed in some portions of the lot to meet the 3-foot setback requirement. The two property owners have agreed to hard surface the existing gravel driveway on Parcel A to meet zoning ordinance requirements.

 

The driveway of Parcel A must meet a 3 foot setback from the newly established lot line.

 

The property owner of Parcel B would like to keep the existing boathouse/ accessory building (336 sf) on Parcel B. The attached garage on the proposed house on Parcel B is 490 sf for a total of 826 sf of accessory building space on Parcel B. The total of 826 sf of accessory building space would be permitted on site. However, there are additional restrictions for structures within the OHWL setback. The existing 336 square foot boathouse structure would be permitted to remain as long as there are no water or sanitary sewer connections and the structure would not be permitted to be rebuilt and would be required to be removed if damaged.

 

This is a fairly simple request for a waiver of platting to adjust a common lot line and the conditions listed below are conditions listed for similar approvals that have been granted in the past.

 

Strategic Plan Relationship

Not Applicable.

 

Board/Commission Review

The public hearing is being held at the City Council meeting; therefore, no review or recommendation was received from the Planning Commission.

 

Financial Impact

Not Applicable.

 

Public Outreach/Input

Notice of a public hearing were:

1.                     Mailed to property owners within 350 feet of the property boundaries.

2.                     Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.

3.                     Posted on the City’s website.

4.                     Posted (sign) on the property with contact information for the Planning Department.

 

Staff Recommendation

By motion, adopt the resolution.

 

Attachment List

Zoning and Location Map

Site Survey

Boathouse/Accessory Building Pics (2)

Letters from Applicant (2)

House Plans (Parcel B)

 

Body

                     WHEREAS, an application has been filed by Thomland Homes & Remodeling LLC as Waiver of Platting Case No. 21-0048 and;

 

                     WHEREAS, said case involves the division of a parcel into two separate lots, Anoka County, Minnesota, described as follows:

 

CURRENT DESCRIPTION

North Half of Lot 111, SPRING LAKE PARK SHORES, Anoka County, Minnesota

AND

South Half of Lot 111, SPRING LAKE PARK SHORES, Anoka County, Minnesota

 

PARCEL A

That part of Lot 111, SPRING LAKE PARK SHORES, Anoka County, Minnesota, which lies northerly and northwesterly of the following described line:

 

Commencing at the northeast corner of said Lot 111; thence South 25 degrees 49 minutes 48 seconds East (assumed bearing) along the easterly line of said Lot 111 a distance of 85.35 feet to the point of beginning of the line to be described; thence South 89 degrees 45 minutes 25 seconds West 79.96 feet; thence South 58 degrees 45 minutes 25 seconds West 149+- feet to the shoreline of Laddie Lake and said line there terminating.

 

PARCEL B

That part of Lot 111, SPRING LAKE PARK SHORES, Anoka County, Minnesota, which lies southerly and southwesterly of the following described line:

 

Commencing at the northeast corner of said Lot 111; thence South 25 degrees 49 minutes 48 seconds East (assumed bearing) along the easterly line of said Lot 111 a distance of 85.35 feet to the point of beginning of the line to be described; thence South 89 degrees 45 minutes 25 seconds West 79.96 feet; thence South 58 degrees 45 minutes 25 seconds West 149+- feet to the shoreline of Laddie Lake and said line there terminating.

 

Together with that part of vacated 85th Avenue N.E. occurring thereto, said vacation per city of Blaine Ordinance 85-903.

 

                     WHEREAS, the City Council of the City of Blaine has reviewed said case on July 7, 2021.

 

                     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 Thomland Homes & Remodeling LLC, allowing to record the above described division with the Anoka County Recorder’s Office, based on the following conditions:

 

1.                     The waiver of platting must be recorded with Anoka County.

2.                     The driveway on Parcel A must meet a 3 foot setback from the newly established lot line.

3.                     The driveway on Parcel A must be hard surfaced prior to releasing the documentation for recording with Anoka County, or if the waiver of platting is to be recorded prior to the hard surface driveway being constructed, the applicant is to provide a $5,000 cash escrow to be held by the City until the driveway is constructed.

4.                     The existing 336 square foot boathouse structure would be permitted to remain as long as there are no water or sanitary sewer connections and the structure would not be permitted to be rebuilt and would be required to be removed if damaged.

5.                     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 the waiver of platting to adjust the lot line between 8536 and 8544 Lincoln Street NE.

 

PASSED by the City Council of the City of Blaine this 7th day of July, 2021.