HomeMy WebLinkAbout5.b. Logelin Lot Split and Combination 4 4 ROSEMOUNT EXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Meeting Date: September 11, 2012
Tentative City Council Meeting Date: September 18, 2012
AGENDA ITEM: Case 12 -23 -LC Logelin Lot Split and AGENDA SECTION:
Combination to Transfer 1,366 Square Feet Public Hearing
of Land from the Jerin Property to the
Logelin Property
PREPARED BY: Jason Lindahl, A.I.C.P. AGENDA NO. b,
Planner
ATTACHMENTS: Location Map, Certificate of Survey, Site APPROVED BY:
Plan, Applicant's Narrative -L-•
RECOMMENDED ACTION: Motion to recommend that the City Council approves a Lot
Split and Combination to allow the transfer of 1,366 square feet of land from the Jerin
property (12795 Bengal Avenue) to the Logelin property (12845 Bengal Avenue), subject to
the following conditions:
1. Recording of the proposed lot split and combination as shown on the approved
survey with the Dakota County Property Records Department.
Q 4
SUMMARY
Applicant Property Owner(s): Thomas and Beverly Logelin
Location: 12845 Bengal Avenue
Area in Acres: 15,012 square feet (0.34 Acres)
Comp. Guide Plan Desig: TR Transitional Residential
Current Zoning: RR Rural Residential
The applicant, Thomas and Beverly Logelin, requests Lot Split and Combination approvals to acquire
approximately 1,366 square feet of land from their northern neighbor. The purpose of this application is
to allow the applicants to own all the property containing a retaining wall that currently spans both
properties.
According to the applicants, their neighbor (Tim Jerin, 12795 Bengal Avenue) installed a five (5) foot high
retaining wall that crosses both properties some 30 years ago. Two years ago, the applicants sought and
were granted permission from Mr. Jerin to replace the existing wall with a boulder retaining wall. Recently
the applicants were notified by Mr. Jerin that he intends to sell his property. To eliminate any potential
issues between the applicant and the new owners, Mr. Jerin proposes to give the applicants the portion of
his property that contains the boulder retaining wall.
BACKGROUND
The village and township of Rosemount merged in January of 1971. The merged Village of Rosemount
officially became a statutory city in January of 1975. The Village's first zoning ordinance was adopted on
October 19, 1972. That Ordinance contained an R -1, Single Family and RM, Multi- Family residential
zoning districts. The current Rural Residential district was established on September 9, 1989. Standards
for this district are detailed in the tables below.
The subject property is located in the Jay Simons First Addition subdivision. This neighborhood was
subdivided in September of 1969 twenty years before the current Rural Residential zoning standards were
adopted. Most of the homes were built between 1970 and 1979. Lots in this neighborhood range in size
from 13,855 square feet to 91,243 square feet with a mean size of 20,346 square feet or just under one -half
acre. It should be noted that the Logelin's property (the property gaining area) is 15,012 square feet and
the Jerin property (the property losing area) is 91,243 square feet and the largest property in the
subdivision.
SUBDIVISION REQUEST
Standards for reviewing subdivision requests are contained in Title 12 of the Rosemount City Code the
Subdivision Regulations. The applicable standards, along with staff findings related to each, are provided
below.
Land Use and Zoning. The subject property is guided TR Transitional Residential on the Future Land
Use Map and RR Rural Residential on the Zoning Map. The Transitional Residential land use category
is meant to transition between the rural residential area of northwest Rosemount and the areas developing
at suburban densities to the south. The Transitional Residential area is characterized by neighborhoods
where most lots are less than one (1) acre in size on rolling and wooded landscape outside the
Metropolitan Urban Service Area (MUSA).
According to the Comprehensive Plan, the RR Rural Residential district is the appropriate zoning
classification for the subject property. The table below compares the proposed lot size, width, and depth
changes for both the Logelin and Jerin properties. As noted above, the Logelin property will gain 1,366
square feet from the Jerin property. Because of the triangular shape of the property being transferred,
there are no changes to the width or depth of either property.
Lot Analysis for Rural Residential Lots
Lot Lot Size (sq. ft.) Lot Width (feet) Lot Depth (feet)
Required Existing Proposed Required Existing Proposed Required Existing Proposed
Logelin 108,900 15,012 16,378 200 102 102 N/A 147 147
Jerin (2.5 Acres) 91,243 89,877 204 204 147 147
Note: Standards for Platted Lots
Setbacks. Structural setback standards for the Rural Residential district are detailed in the tables below.
The property being transfer will only impact one of the three structural setbacks the overall result of which
will bring both properties closer to compliance with the zoning standards. Should the City approve the
proposed property transfer, the north side yard setback on the Logelin property will increase from
approximately 9.5 feet to 19 feet or closer to the 30 foot standard. By comparison, the south side yard
setback on the Jerin property will decrease from approximately 98 feet to 93 or still far greater than the 30
foot requirement. Because of the triangular shape of the property being transferred, there will be no
changes to the front or rear setbacks.
2
Lot Analysis for Rural Residential Lots
Lot Front Setback Side Setback Rear Setback
Required Existing Proposed Required Existing Proposed Required Existing Proposed
Logelin 40 46' 46' 30 9.5' 19' 30' 43' 43'
Jerin 33' 33' 98' 93' 75' 75'
The proposed property transfer will also maintain the minimum septic system setback. According to the
applicant's survey, the new south side yard setback to the Jerin's septic drain field will be 10 feet which
conforms with the minimum requirement.
Streets Access. Currently, each property has a private driveway that accesses Bengal Avenue. The
proposed property transfer does not affect these driveways and will not impact access to either property.
Utilities and Easements. The Engineering Department has reviewed the proposal and determined that
an easement vacation is not warranted with this lot line shift. Should the property owners in the future
want to remove the drainage and utility easement that is a vestige of the previous lot line, they would need
to apply for an easement vacation and the City would look to have a new 5' easement dedicated.
Parks and Open Space. Since no new dwelling units will result from this lot split and combination, no
park dedication is required with this application.
CONCLUSION RECOMMENDATION
Staff recommends approval of the lot split and combination request from Thomas and Beverly Logelin to
acquire approximately 1,366 square feet of land from their northern neighbor (Tim Jerin, 12795 Bengal
Avenue). The purpose of this application is to allow the Logelins to own all of the property containing a
retaining wall that currently spans both properties. Should the City approve the property transfer, Mr.
Jerin proposes to give the applicants the portion of his property that contains the retaining wall.
3
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Map Scale
guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch 458 feet
appraisal, survey, or for zoning verification.
Certificate of Survey for:
Tom Logelin Bk: 52 Pg. 28
S1268
Web: samuelsonsurveying.com FAX: (507) 253 -5114 EMAIL: rssurvey(tfrontiernet.net
SAMUELSON SURVEYING INC
Cannon Falls Office Farmington Office
1103 West Main Street 401 Oak Street Suite _A
Cannon Falls, MN. 55009 Farmington, MN. 550241
Phone (507) 263 -3274 Phone (651) 460 -6660
SURVEYORS CERTIFICATE
30 30
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10 128TH ST. W
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SEPTIC DRAIN FIELD o
OWNER: JERIN
WEST LINE LOT 3 A.
0 ---DRAINAGE AND
'1/4, 0 UTILITY EASEMENT--\
(N 00'31'00” W PLAT) 56 -S 8 3'1 29 M
N 00'29'59" W MEAS. 10 E 148.63 n
18.52
1
-S 89'29'00" W 147.48 MEAS. SE COR. LOT 3
SW COR. LOT 3 (147.54 PLAT)
—SOUTH LINE LOT 3
OWNER: LOGELIN
30 30
o DENOTES SET IRON PIPE WITH
PLASTIC CAP MARKED RLS 16993
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AREA 1,366 SQ. FT.
DENOTES FOUND IRON!
DENOTES SET SPIKE GRAPHIC SCALE
PROPOSED LEGAL DESCRIPTION 500 50 100
That part of Lot 3, Block 1, JAY SIMON'S FIRST ADDITION,
according to the recorded plat thereof, on file in the County
Recorders office, Dakota County, Minnesota, described as IN FEET
follows: 1 inch 50 ft.
Beginning at the southeast corner of said Lot 3; thence HEREBY CERTIFY THAT THIS SURVEY, PLAN OR
South 89 degrees 29 minutes 00 seconds West (assumed REPORT WAS PREPARED BY ME OR UNDER MY DIRECT
along the south line of said Lot 3, a distance o SUPERVISION, AND THAT I AM A DULY REGISTERED
bearin
g) l 9 f LAND SURVEYOR UNDER THE LAWS OF THE
147.48 feet to the southwest corner of said Lot 3; thence STATE OF MINNESOTA.
North 0 degrees 29 minutes 59 seconds West along the west DATE August 8, 2012
line of said Lot 3, a distance of 18.52 feet; thence South
83 degrees 21 minutes 29 seconds East 148,63 feet to the
point of beginning. v. Richard Samuelson Minnesota Req. No. 16998
Site Plan
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Copyright 2012, Dakota County Map Date: September 5, 2012
Jason Lindahl, AICP
Planner
2875 145t Street West
Rosemount, MN
RE: Lot split for 12845 Bengal Ave
To whom it may concern,
Our neighbor Tim Jerins, had a 5' retailing wall in place for the last 30 years and we asked his
permission to put in a boulder retaining wall to replace existing wall. We had it done 2 years ago and
now he recently came to us and told us he would like to give us a part of his lot as he is selling his
home and he does not want us to have any issues with the new neighbors who purchase his home.
He proposed to give us the part of his lot /land that we built the new boulder wall on. We had the
same surveyor come back to our homes to measure out the property line. It shows approximately
18.5' at the back end of our lot. Please observe the survey that was provided to you.
If you have further questions please let us know.
Regards,
Bev Tom Logelin