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File #: RES 19-103    Version: Name: Waiver of Platting - Jason Bebeau (19-0024)
Type: Resolution Status: Passed
File created: 7/8/2019 In control: City Council
On agenda: 7/1/2019 Final action: 7/8/2019
Title: GRANTING A WAIVER OF PLATTING TO DIVIDE A 1.196 ACRE PARCEL INTO TWO 0.598 ACRE PARCELS IN AN R-1 (SINGLE FAMILY) ZONING DISTRICT LOCATED AT 1088 89TH AVENUE NE. JASON BEBEAU (EVERPINE CUSTOM HOMES) (CASE FILE NO. 19-0024/EES)
Sponsors: Bryan Schafer
Attachments: 1. Attachments

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

 

Title

GRANTING A WAIVER OF PLATTING TO DIVIDE A 1.196 ACRE PARCEL INTO TWO 0.598 ACRE PARCELS IN AN R-1 (SINGLE FAMILY) ZONING DISTRICT LOCATED AT 1088 89TH AVENUE NE. JASON BEBEAU (EVERPINE CUSTOM HOMES) (CASE FILE NO. 19-0024/EES)

 

Schedule of Actions

Planning Commission (Public Hearing)

06/11/19

City Council (Waiver of Platting)

07/08/19

Action Deadline

07/20/19

 

Planning Commission Action

The planning commission voted unanimously to approve the waiver of platting. Comments at the public hearing included a request for the city to survey the property rather than relying on the survey completed by an independent licensed surveyor that was submitted by the applicant, concerns about tree removal, comments that the lot was already narrow without subdividing it, and a comment that removal of the blighted home will be positive.

 

Background

The applicant has requested a waiver of platting to subdivide an existing lot on the north side of Laddie Lake Park on 89th Avenue NE. The lot has an existing home built in 1956, a detached garage, and two accessory structures. All structures on the property will be removed and both lots will be used for new single family homes.

 

The 1.196 acre lot is 137 feet wide, therefore an even split results in two 68.5 foot wide lots. The minimum lot width in the R-1 zoning district is 80 feet. The proposed lots will exceed the depth (125 feet) and area (10,000 square feet) requirements. Since all other standards for lot size and dimension are met and the width is consistent with other nearby properties previously subdivided, staff supports granting the waiver with an 11.5 foot shortfall from the minimum width requirement. The submitted site plan shows locations for homes on each lot that comply with the setback requirements of the R-1 district.

 

The property has had numerous code enforcement issues in recent years, including junk storage and unsafe living conditions. The property was recently purchased by the applicant with the intent of demolishing the existing home.

 

Park dedication is required for both lots. The 2019 park dedication fee is $4,449 for a total of $8,898 (2019 rate). This payment must be made prior to the city signing off on the waiver of platting for recording at Anoka County.

 

The property is currently serviced by one set of water and sanitary sewer service, which the applicant is proposing to use for the western lot. A new water and sewer service is proposed for the eastern lot.

 

The lot currently shares a driveway with the property to the east. New driveways are proposed for the two new homes. A recommended condition is the removal of the portion of the shared driveway on the subject property. Since 89th Avenue is a collector route, driveway turn-arounds will be required to be constructed for each new house.

 

The lot has existing trees that will be removed to accommodate construction of the new homes. Tree removal will be subject to the preservation requirements of the zoning code and one to one replacement will be required for the first seven trees removed on each of the new lots.

 

Recommendation

By motion, approve the Resolution.

 

Attachments

Zoning and Location Map

Certificate of Survey

Site Plan

 

Body

                     WHEREAS, an application has been filed by Jason Bebeau as Waiver of Platting Case No. 19-0024; and

 

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

 

                     CURRENT DESCRIPTION

THE EAST 137 FEET OF THE WEST 274 FEET OF LOTS 140 AND 141, SPRING LAKE PARK SHORES, ANOKA COUNTY, MINNESOTA.

 

                     PARCEL A

                     THE WEST 68.50 FEET OF THE EAST 137 FEET OF THE WEST 274 FEET OF LOTS 140 AND 141, SPRING LAKE PARK SHORES, ANOKA COUNTY, MINNESOTA.

 

                     PARCEL B

                     THAT PART OF THE EAST 137 FEET OF THE WEST 274  FEET OF LOTS 140 AND 141, SPRING LAKE PARK SHORES, ANOKA COUNTY, MINNESOTA, LYING EAST OF THE WEST 68.50 FEET.

 

                     WHEREAS, the Blaine Planning Commission has reviewed said case on June 11, 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 July 8, 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 Jason Bebeau, allowing to record the above described division with the Anoka County Recorder’s Office, based on the following conditions:

 

1.                     Demolition of the existing structures and removal of the portion of the shared driveway on the subject parcel must be completed prior to the recording of the waiver of platting, or if the waiver of platting is to be recorded before the structures and portion of the adjacent driveway are removed, the applicant to provide a $5,000 cash escrow to be held by the city until those issues have been resolved. The applicant will need to contact the Building Inspection Departments for the appropriate demo permits.

2.                     Building permits for new homes will not be issued until the existing structures have been removed and driveway issue resolved.

3.                     Applicant to provide a soil boring to determine water table elevation, subject to staff approval, prior to recording the waiver of platting.

4.                     Driveway turn-arounds will be required for each lot.

5.                     Tree removal will be subject to the preservation requirements of the zoning code and one to one replacement will be required for the first seven trees removed on each of the new lots.

6.                     Park dedication is required for both lots. The 2019 park dedication fee is $4,449 for a total of $8,898 (2019 rate). This payment must be made prior to the city signing off on the waiver of platting for recording at Anoka County.

7.                     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 1.196 acre parcel.               

 

PASSED by the City Council of the City of Blaine this 8th day of July, 2019.