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Home My WebLink About6.l. Logelin Lot Split and Combination to Transfer 1,366 Square Feet of Land from the Jerin Property to the Logelin Property, Case 12-23-LC ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL 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 of Land from the Jerin Property to the 1I1 �r�,�,4— Logelin Property �/V�' PREPARED BY: Jason Lindahl, A.I.C.P. AGENDA NO. ti .l• Planner ATTACHMENTS: Resolution, 09-11-12 PC Excerpt Minutes, Location Map, Certificate of Survey, Site APPROVED BY: Plan, Applicant's Narrative p LU RECOMMENDED ACTION: Motion to adopt a resolution allowing a Lot Split and Combination to transfer 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. 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. PLANNING COMMISSION ACTION The Planning Commission reviewed this item during their regular meeting on September 11, 2012. An excerpt of the draft minutes from that meeting is attached for your reference. After a presentation from staff, the Commission held a public hearing that produced no comments. Following the public hearing the Commission asked questions regarding conformity with the setback and lot dimension standards. Staff explained that the lot split and combination, as proposed,would bring both properties closer to compliance with the current Rural Residential zoning standards. 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 (sc 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 2 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. 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 Both the Planning Commission and staff recommend 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 Council approve the property transfer,Mr.Jerin proposes to give the applicants the portion of his property that contains the retaining wall. 3 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- A RESOLUTION APPROVING A LOT SPLIT AND COMBINATION TO TRANSFER 1,366 SQUARE FEET OF LAND FROM THE JERIN PROPERTY (12795 BENGAL AVENUE) TO THE LOGELIN PROPERTY (12845 BENGAL AVENUE) WHEREAS, the Community Development Department of the City of Rosemount received an application from Thomas and Beverly Logelin (herein after the "Applicants") requesting a Lot Split Combination to transfer 1,366 square feet of land from the Jerin property (12795 Bengal Avenue) to the Logelin property (12845 Bengal Avenue). These properties are legally described as follows: 12845 BENGAL AVENUE—LOT 2,BLOCK 1,JAY SIMONS FIRST ADDITION 12975 BENGAL AVENUE—LOTS 3, 4,AND 5,BLOCK 1 JAY SIMONS FIRST ADDITION AND PARTT OF SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 16-115-20 BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 2,JAY SIMONS FIRST ADDITION NORTH TO THE LINEOF SAID 1/4 1/4 WEST 207.53 FEET TO THE NORTHWEST CORNER OF LOT 5,BLOCK 1 JAY SIMONS FIRST ADDITION EAST TO THE NORTHEAST CORNER OF SAID LOT 5 SOUTH 50 FEET EAST 60 FEET TO BEGINNING. WHEREAS, the Applicants'Lot Split and Combination requests proposes to transfer 1,366 square feet of land from the Jerin property (12795 Bengal Avenue) to the Logelin property (12845 Bengal Avenue).;and WHEREAS, on September 11, 2012, the Planning Commission of the City of Rosemount held a public hearing to review the proposed Lot Split and Combination and found it consistent with the Subdivision Ordinance as well as the lot and dimensional standards for the associated land use and zoning classifications;and WHEREAS, on September 11, 2012, the Planning Commission adopted a motion to recommend that the City Council approve the proposed Lot Split and Combination, subject to conditions;and WHEREAS, on September 18, 2012, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Lot Split and Combination requests and agreed with the Planning Commission's recommendation. NOW,THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Applicants'Lot Split and Combination requests to transfer 1,366 square feet of land from the Jerin property (12795 Bengal Avenue) to the Logelin property (12845 Bengal Avenue) as shown on the attached survey (EXHIBIT A) and legally described below. 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 follows: Beginning at the southeast corner of said Lot 3;thence South 89 degrees 29 minutes 00 seconds West (assumed bearing) along the south line of said Lot 3, a distance of 147.48 feet to the southwest corner of said Lot 3; thence North 0 degrees 29 minutes 59 seconds West RESOLUTION 2012- along the west 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. Conditions of approval: 1. Recording of the proposed lot split and combination as shown on the approved survey with the Dakota County Property Records Department. ADOPTED this 18th day of September, 2012,by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk 2 EXCERPT FROM DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING SEMPTEMBER 11, 2012 Public Hearing: 5.b. Request by Thomas and Beverly Logelin for a Lot Split and Combination (12-23-LC). Planner Lindahl stated that 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. Commissioner Weber asked if the Commission would be setting a precedent by approving this request. Mr. Lindahl stated that recommending this request for approval would be consistent with staff policy where the landowners are actually moving closer to lot size conformance by completing the transaction. He further stated that each request is viewed on a case-by-case basis and does not see it as precedent setting. Commissioner DiNella asked how much more land would need to be exchanged to bring the lots in complete conformance. Mr. Lindahl stated that with this transaction, the applicant is bringing their sideyard setback from 9.5 feet to 19.5 feet but to bring it into complete compliance, they would need 30 feet. With the minimum lot size,Mr. Lindahl stated the largest lot is still less than the minimum lot size but that with this request, the lots are moving closer to compliance and more importantly, the overall density is not increasing. The public hearing was opened at 6:52pm. There were no public comments. MOTION by DiNella to close the public hearing. Second by Miller. Ayes: 6. Nays: None. Motion approved. Public hearing was closed at 6:52pm. Chairperson Powell stated he felt it was good planning on the part of the current landowners to address this issue before the property is sold to a new owner. MOTION by Powell 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. Second by Demuth. Ayes: 6. Nays: None. Motion approved. Commissioner Miller thanked Mr. Lindahl for working with the property owners on this issue. Mr. Lindahl stated that this item will be going before the City Council at the meeting on September 18, 2012. 12845 Bengal Avenue 1 ili Ali I um% Ail . 1 r piw --44bai r , ,,,,,, ,, P111‘ . ,, c., ,r. c MI" I� AI 111 y,tH a Vk. F fP 0 11.1 111 1 m L {j � I-." �' r n• MI `,f # 1 '_3�; i ri s.r:v �. 1 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, Map Scale appraisal, survey, or for zoning verification. 1 inch = 458 feet (..__tificate of Survey for: Tom Logelin Bk: 52 Pg. 28 S1268 Web:samuelsonsurveying.com FAX: (507) 263-5114 EMAIL:rssurveyWfrontiernet.net SAMUELSON SURVEYING INC. A__ Cannon Falls Office Farmington Office 1103 West Main Street 401 Oak Street Suite A� Cannon Falls, MN. 55009 Farmington, MN. 55024 Phone (507) 263-3274 Phone (651) 460-6660 SURVEYORS CERTIFICATE 30 30 - — i-,'"- IA i Z F L . V7 1a 128TH ST. W U --SEPTIC DRAIN FIELD 0 LO zr OWNER: JERIN WEST LINE LOT 3 - I --DRAINAGE AND ,� --,\°-5 UTILITY EASEMENT--\ (N N 00'29'59"D W MEAS. 10{ ' 83 x'1'29" E' 148.63 \\ 74 18.52 N — — =1 F=7 ,� ,n'■ Pq ' --S 8979'00" W 147.48 MEAS.— SW COR. LOT 3 \ (147.54 PLAT) ` -SE COR. LOT 3 -SOUTH LINE LOT 3 OWNER: LOGELIN I il 30 30 o DENOTES SET IRON PIPE WITH PLASTIC CAP MARKED RLS 16998 AREA=1,366 SQ. FT. `' o DENOTES FOUND IRON DENOTES SET SPIKE GRAPHIC SCALE PROPOSED LEGAL DESCRIPTION 50 0 GRAPHIC 25 50 100 That part of Lot 3, Block 1, JAY SIMON'S FIRST ADDITION, �3.., 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 bearing) along the south line of said Lot 3, a distance of SUPERVISION, AND THAT I AM A DULY REGISTERED 147.48 feet to the southwest corner of said Lot 3; thence STA STATE OF F M E UNDER THE LAWS OF THE MINONNESOTA. 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 /-7 .: — paint of beginning. V. Richard Samuelson Minnesota Req. No. 10990 . Site Plan • . .. • .. I I 0 ■ I ; I , , 7 ;-+ I -...„ r, /. : ! I 1 . rk.1 i I `-. I I; 200 _ \ I.- .. 110 r., \ I I ! ,, -----..- -----,/ ,--,!•'' ! /\ ' _ ■-■ ; !--■ / . / td PI / VI Z 1 0 ----‘4 / -----_ / x I 1 N i - Copyright 2012, Dakota County-Map Date: September 5,2012 II , Jason Lindahl,AICP Planner 2875 145th 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