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File #: RES 19-29    Version: 1 Name: Waiver - Kristi Clark (PC19-0003)
Type: Resolution Status: Passed
File created: 3/7/2019 In control: City Council
On agenda: 3/7/2019 Final action: 3/7/2019
Title: GRANTING A WAIVER OF PLATTING THAT WILL SPLIT AN EXISTING LOT INTO TWO PARCELS IN A R-1 (SINGLE FAMILY) ZONING DISTRICT LOCATED AT 8949 XYLITE STREET NE. KRISTI CLARK (CASE FILE NO. 19-0003/LSJ)
Sponsors: Lori Johnson
Attachments: 1. Attachments

DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director

 

Title

GRANTING A WAIVER OF PLATTING THAT WILL SPLIT AN EXISTING LOT INTO TWO PARCELS IN A R-1 (SINGLE FAMILY) ZONING DISTRICT LOCATED AT 8949 XYLITE STREET NE. KRISTI CLARK (CASE FILE NO. 19-0003/LSJ)

 

Schedule of Actions

Planning Commission (Public Hearing)

02/12/19

City Council (Waiver of Platting)

03/07/19

Action Deadline

03/23/19

 

Planning Commission

The Planning Commission voted unanimously to approve the waiver of platting. There were no comments at the public hearing.

 

Background

The current lot is 1.15 acres in size and is located on Xylite Street just north of Rice Creek Parkway. The parcel is proposed to be split into two separate parcels, measuring 0.56 and 0.58 acres. There is an existing home that will remain on the southern parcel.

 

There is an accessory structure and driveway located on the proposed property line that will need to be removed prior to the release and recording or the lot split (Waiver). This accessory structure serves as the only garage for the existing home, so the applicant can either move the garage that will now sit on the property line or provide a new garage for the existing house. A condition has been added that addresses the moving of the driveway and structure and the need for a new garage on the southern parcel.

 

The exhibit that has been submitted indicates the existing home will meet setback requirements of the R-1 (Single Family) zoning district. It also indicates where the setback lines are for the proposed lot.

 

Because a new lot is being created with this subdivision, the owner of the property will need to pay the park dedication fee for one new lot. The 2019 park dedication fee is $4,449 per lot. This payment must be made prior to the City signing off on the waiver of platting for recording at Anoka County.

 

The current lot is served with two sets of sanitary sewer and water services installed in 1997 with project no. 94-06G. Per the City’s assessment policy for this area in place at the time, the parcel was only assessed for 1.3 lot units of improvements. A lot unit assessment covered sanitary sewer lateral, trunk sanitary sewer, water main, street and storm sewer. With the creation of a second lot, 0.7 lot unit charges become due. The current lot unit rate is $24,696 per lot unit for a charge of $17,287. The payment must be made prior to the City signing off on the waiver of platting for recording at Anoka County.

 

Recommendation

By motion, approve the Resolution.

 

Attachments

Zoning and Location Map

Exhibit A (Record of Survey)

 

Body

                     WHEREAS, an application has been filed by Kristi Clark as Waiver of Platting Case No. 19-0003 and;

 

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

 

                     CURRENT DESCRIPTION

THE WEST 315 FEET OF THE SOUTH HALF (S ½) OF LOT FIFTY-SEVEN (57), SPRING LAKE PARK WOODLAND, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE REGISTRAR OF TITLES, ANOKA COUNTY, MINNESOTA.

 

SUBJECT TO AN EASEMENT ACROSS THE REAR FIVE (5) FEET THEREOF FOR PUBLIC UTILITY PURPOSES.

 

                     PARCEL A

                     (8949 XYLITE STREET NE)

THE WEST 315 FEET OF SOUTH 80.11 FEET OF LOT FIFTY-SEVEN (57), SPRING LAKE PARK WOODLAND, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE REGISTRAR OF TITLES, ANOKA COUNTY MINNESOTA.

 

SUBJECT TO AN EASEMENT ACROSS THE REAR FIVE (5) FEET THEREOF FOR PUBLIC UTILITY PURPOSES.

 

                     PARCEL B

(89XX XYLITE STREET NE)

THE PART OF THE WEST 315 FEET OF THE SOUTH HALF (S ½) OF LOT FIFTY-SEVEN (57), LYING NORTH OF THE SOUTH 80.11 FEET THEREOF, SPRING LAKE PARK WOODLAND, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE REGISTRAR OF TITLES, ANOKA COUNTY, MINNESOTA.

 

SUBJECT TO AN EASEMENT ACROSS THE REAR FIVE (5) FEET THEREOF FOR PUBLIC UTILITY PURPOSES.

 

                     WHEREAS, the Blaine Planning Commission has reviewed said case on February 12, 2019; 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 March 7, 2019.

 

                     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 Kristi Clark, allowing to record the above described division with the Anoka County Recorder’s Office, based on the following conditions:

 

1.                     Because a new lot is being created with this subdivision, the owner of the property will need to pay the park dedication fee for one new lot. The 2019 park dedication fee is $4,449 per lot. This payment must be made prior to the City signing off on the waiver of platting for recording at Anoka County.

2.                     Lot unit charges for 0.7 lot units in the amount of $17,287 are due prior to the release of the waiver form for the County.

3.                     Existing accessory structures and driveway must be moved off of the new parcel prior to the release and recording of the Waiver of Platting or if the Waiver of Platting is to be recorded prior to the structures and driveway being relocated the applicant to provide a $4000 cash escrow to be held by the City until those issues shave been resolved. The applicant will need to contact the Building Inspection Department for the appropriate permits for either the demolition of the accessory structure or moving of the accessory structure.

4.                     A new paved driveway will be required for the existing lot meeting the 5-foot side yard setback.

5.                     Prior to issuance of a building permit for the new lot, the applicant must obtain a permit for a new garage on the parcel with the existing house or a permit to move the existing garage on to the southern parcel.

6.                     The Mayor, City Clerk and City Manager are hereby authorized to execute any and all necessary documents, agreements and releases related to the approval, recording or administration of the waiver of platting to subdivide a 1.15 acre parcel from Spring Lake Park Woodland Subdivision.

 

PASSED by the City Council of the City of Blaine this 7th day of March, 2019.