HomeMy WebLinkAbout6.o. Joan Anderson Requests Approval of a Lot Split; Lot Combination; and Rezoning of the Properties Located at 2295 Bonaire Path, Case 14-16-LS, 14-17-LC, 14-18-RZ 4ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: March 18, 2014
AGENDA ITEM: Case 14-16-LS; 14-17-LC; 14-18-RZ:
Joan Anderson Requests Approval of a AGENDA SECTION:
Lot Split; Lot Combination; and Rezoning Consent
of the Properties Located at 2295
Bonaire Path. G.O.PREPARED BY: Eric Zweber, Senior Planner AGENDA NO.
ATTACHMENTS: Ordinance; Resolutions; Site Map; Land
Use Designation Map; Site Plan; Minor
Lot Split; Certificate of Survey; Parks and APPROVED BY:
Recreation Director's Memorandum
dated February 19; City Engineer's
Memorandum dated February 20;
Excerpt of February 25 Planning
Commission Minutes. Nil
RECOMMENDED ACTION: Motion to adopt an Ordinance amending Ordinance B City of
Rosemount Zoning Ordinance for Joan Anderson.
Motion to adopt a Resolution approving the Lot Combination for Joan Anderson.
Motion to adopt a Resolution approving the Lot Split for Joan Anderson.
SUMMARY
Joan Anderson owns two parcels with one house at 2295 Bonaire Path West. The parcels are located on the
north side of Bonaire Path at the Progress Rail crossing just east of the Harmony subdivision. The City
never approved the subdivision that created the two parcels and therefore they are illegal non-conforming
lots. Per ordinance, a second home cannot be constructed on the property, even though the County lists it as
a separate lot of record. To resolve the illegal non-conforming status, the applicant is requesting a lot
combination to create one legal lot,a lot split to create a lot in the southeast corner of the property for her
son Pete Anderson to construct a new home, and a rezoning to R-1: Low Density Residential to bring the
two new parcels into conformance with the Comprehensive Plan and Zoning Ordinance.
Applicant: Pete Anderson
Owner: Joan Anderson
Location: 2295 Bonaire Path West
Area in Acres: 23.19 Acres
Comprehensive Plan Designation: TR—Transitional Residential
Current Zoning: AG—Agricultural
Proposed Zoning: LDR—Low Density Residential
FEBRUARY 25 PLANNING COMMISSION MEETING
The Planning Commission conducted a public hearing for the Rezoning,Lot Combination and Lot Split
request at their February 25 meeting. No residents spoke during the public hearing. Chair Powell asked
the applicant if he or his mother had any concerns with the proposed conditions of approval. Mr.
Anderson responded that he is supportive of the staff recommendations and associated conditions. The
Planning Commission recommended approval of the rezoning,lot combination and the lot split without
any changes to the conditions on a 4 to 0 vote. Commissioner Miller was absent from the meeting.
BACKGROUND
In 1982,Joan and Jerry Anderson constructed the house at 2295 Bonaire Path. At that time,Joan Anderson
purchased the northeast five (5) acres of the overall 23 acre property with an agreement for the eventual
purchase of the remaining 18 acres. As a result of this purchase agreement, Dakota County created a five (5)
acre parcel beginning about 900 feet north of Bonaire Path (then named County Road 38). The City of
Rosemount never approved this subdivision and because the two lots do not conform to the zoning
ordinance standards for the AG zoning district, the two parcels are considered illegal non-conforming lots.
In 2013, Pete Anderson Goan and Jerry's son) applied for a building permit to construct a residence on the
18 acre parcel. City staff informed Pete Anderson that a building permit could not be issued for that
property because of its illegal non-conforming status. To resolve this issue, the owner has requested a
rezoning of the property from AG—Agriculture to R1 —Low Density Residential, a lot combination to
return the property to its pre-1982 legal description, and a lot split to create a second lot in the southeast
corner of the combined parcels for the applicant to purchase and construct a house for him and his family.
Rezoning
The Rosemount Comprehensive Plan designates these parcels (and the entire neighborhood north of
Bonaire Path and west of Bacardi Avenue) as TR: Transitional Residential and is within the Metropolitan
Urban Service Area (MUSA). This designation acknowledges the area's rolling terrain with numerous
wetlands and woodlands while allowing for development that transitions from the urban densities of the
Harmony neighborhood and the small lot rural residential neighborhoods north of 130th Street. A trunk
municipal water line is located within Bonaire Path with an 8 inch water stub installed about 400 feet west of
the Anderson driveway. City sanitary sewer is currently located about 1,300 feet east at the intersection of
Bacardi Avenue and Bonaire Path and will be extended north with reconstruction of the Bacardi Avenue
later this summer. Eventually, that sewer line would be extended to the west,to the Anderson property with
the future development of the three properties located between the subject property and Bacardi Avenue.
Because of the distance from the site to the existing sewer line, the new house and existing house will have
their own septic systems and can remain on those systems until ten (10) years after the properties to east
develop and sewer is provided to the Anderson property line. Hook up within 10 years of making the service
available is the adopted policy.
The current zoning of the parcels is AG—Agricultural which allows a maximum density of 1 unit per 40
acres. To allow for approval of the proposed lot split, the property needs to be rezoned to an urban
residential zoning that allows single family homes. The owner is requesting that the property be rezoned to
R1 —Low Density Residential. Staff fords that this zoning district is an appropriate zoning designation for
the current proposal of two single family homes and the future urbanized subdivision of the property.
Further subdivision would not be supported until municipal sanitary sewer is provided to the site from the
east.
2
Lot Combination and Lot Split
As described earlier in this memorandum, the two existing parcels are illegal non-conforming lots. To
address the illegal non-conforming status, the two parcels must be combined to recreate the pre-1982 legal
description of the property. With the lot combined, the City Council can evaluate the appropriateness of the
lot split to create a new 2.47 acre parcel. Staff believes this is an unusual situation. Rarely are there illegally
created lots within the community,most are considered existing non-conformities. Additionally,much of
the land within the MUSA has full access to city services. This parcel has access to water,but not sanitary
sewer, and therefore cannot be subdivided at urban densities at this time. Further development can only
occur when utilities are extended to the site. The allowance of one additional home site, out of a 23 acre
site, seems to be a reasonable request.
Driveway,Access and Future Public Road
The current structure is served by a driveway on the east side of the property. This driveway location
functions for the existing house and the future structure will not add significantly to its use. However, this is
an inappropriate location for a future public roadway if the subject property were to subdivide further in the
future. Access spacing for Bonaire Path between the railroad crossing and Bacardi Avenue would allow only
two public roads to intersect with Bonaire Path. Blackwood Avenue on the south side of Bonaire Path is the
location of one of the accesses and the second access would need to be spaced approximately equal distant
from the railroad line and Blackwood Avenue. The future public road access would be approximately in the
location of the shared driveway to the south of the Anderson property. As mentioned earlier, 8 inch water
stubs to the north and south were installed with the Bonaire Path improvement and are located about 400
feet west of the existing driveway. The proposed property line reflected in this application was determined
using this location for a future public road access.
The northwest property line of Parcel B begins 30 feet southeast of the 8 inch water stub and continues to
the northwest to a point where the property line touches the eastern edge of the Joan Anderson property.
This property line creates a 2.47 acre parcel and the remaining 20.72 acres will be retained by current owner.
Staff is supportive of the proposed property line for a number of reasons,including:
1. A future public road could be constructed to Bonaire Path when subdividing Parcel A. Parcel B
would not need to be included in the future subdivision.
2. It appears the future public road would be able to be extended to the north without impacting the
existing wetland in the west central portion of the property.
3. A municipal water line can be connected to the 8 inch waterline stub within the future public road
right-of-way.
4. The proposed structure on Parcel B (as depicted) would allow for a future lot split to create a lot
northeast of the house that would then be able to access the future public road.
Wetland
There is a wetland approximately four (4) acres in size that is located on the west central portion of the
property. This wetland may have been a part of Keegan Lake before the railroad was constructed or may
have been created when the railroad disturbed a drainage swale leading to Keegan Lake. The shape and size
of the wetland limits the future development potential of the subject property. The wetland extends to the
east creating a 300 foot wide corridor to access the property north of the wetland. As mentioned in the
section above, a public road running parallel to the northwest property line should be able to be constructed
without impacting this wetland.
3
A wetland delineation report was prepared for the Parcel B building permit,but the Wetland Conservation
Act (WCA) application could not be processed before winter. The WCA permit cannot be processed before
the wetland vegetation beings growing again,normally about May 1. The proposed lot split is located more
than 150 feet from the apparent wetland boundary and the proposed grading for structure is more than 300
feet from the wetland edge. For these reasons, staff is supportive of approving the lot split and issuing a
building permit with a condition that applicant receives WCA permit approval and record a conservation
easement over the wetland and required buffer before the Certificate of Occupancy is issued.
Public Utilities and Trunk Utility Area Charges
When property that has sewer and water available is subdivided,trunk utility charges are collected on the
total area of all lots created. Recognizing that small subdivisions and lot splits can occur on property that
does not presently have urban services available, the City Council adopted a modification to the policy
allowing trunk utility charges to be collected only on the lots created. The remaining portion of the trunk
utility charges will be collected during future subdivision. Since two homes will exist after the lot split and
since the Metropolitan Council requires that cities with urban services have a minimum density of three (3)
lots per acre, staff has recommended that trunk utility charges be collected on 0.67 acres of land (two
homes/three lots per acre).
The City is not expecting a future park on the portion of the property located east of the railroad tracks.
Therefore, the Parks and Recreation Director recommends collecting a fee in lieu of park dedication for the
two homes ($6,800).
RECOMMENDATION
The Planning Commission has recommended approval of the Rezoning,Lot Combination and the Lot
Split. Staff recommends three motions to approve the ordinance Rezoning the property to R-1: Low
Density Residential and the resolutions approving the Lot Combination and the Lot Split.
4
City of Rosemount
Ordinance No. B- 232
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
Joan Anderson
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT,MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning
Ordinance," is hereby amended to rezone property from AG — Agricultural to R-1 — Low Density
Residential that is located north of Bonaire Path West and east of Keegan Lake within the City of
Rosemount legally described as follows:
That part of Government Lot Two (2), Section Twenty-One (21),Township One
Hundred Fifteen (115),Range Nineteen (19),lying northerly of the centerline of
County Road 38, excepting therefrom the following:
Commencing at a point where the West line of said Government Lot Two (2)
intersects the centerline of County Road 38, said point being 851.4 feet North of the
Southwest corner of said Government Lot Two (2), thence Southeasterly along the
centerline of said road, said centerline forming an angle of 60°45'with the West line
of said Government Lot Two (2), a distance of 143.7 feet to the point of beginning of
the property to be described, thence at right angles to said centerline Northeasterly
233.0 feet;thence Southeasterly at right angle and parallel with said road 200 feet to a
point which is 50 feet westerly of the westerly right of way line of the Chicago,
Milwaukee, St. Paul and Pacific Railroad Company,thence Southerly and parallel and
50 feet distant from the said railroad right of way line 248.4 feet more or less to the
centerline of said County Road, thence Northwesterly along said road 285.8 feet to
the point of beginning;
And further excepting therefrom the right of way of the Chicago, Milwaukee, St. Paul
and Pacific Railroad Company;
And further excepting the North 400.0 feet of the East 544.50 feet of Government
Lot Two (2), Section Twenty-One (21),Township One Hundred Fifteen (115),Range
Nineteen (19), Dakota County, Minnesota,according to the Government Survey
thereof.
Per Warranty Deed—Document No. 586192:
The North 400.00 feet of the East 544.50 feet of Government Lot Two (2), Section
Twenty-One (21),Township One Hundred Fifteen (115), Range Nineteen (19),
Dakota County, Minnesota.
And also a non-exclusive easement for purposes of ingress to and egress from the
tract above described, over and across the East 33.00 feet of Government Lot Two
(2), Section Twenty One (21),Township One Hundred Fifteen (115),Range Nineteen
(19), Dakota County,Minnesota, except the North 400.00 feet thereof.
Section 2. The Zoning Map of the City of Rosemount,referred to and described in said
Ordinance No. B as that certain map entitled"Zoning Map of the City of Rosemount," shall not be
republished to show the aforesaid rezoning,but the Clerk shall appropriately mark the said zoning
map on file in the Clerk's office for the purpose of indicating the rezoning hereinabove provided for
in this Ordinance and all of the notation references and other information shown thereon are hereby
incorporated by reference and made part of this Ordinance.
Section 3. This ordinance shall be effective immediately upon its passage and publication
according to law.
ENACTED AND ORDAINED into an Ordinance this 18`'' day of March,2014.
CITY OF ROSEMOUNT
William H. Droste,Mayor
ATTEST:
Amy Domeier, City Clerk
Published in the Rosemount Town Pages this day of ,2014.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014 -
A RESOLUTION APPROVING THE LOT COMBINATION
FOR JOAN ANDERSON
WHEREAS, the City of Rosemount received a request for the Lot Combination approval from
Joan Anderson concerning property legally described as:
That part of Government Lot Two (2), Section Twenty-One (21),Township One
Hundred Fifteen (115),Range Nineteen (19),lying northerly of the centerline of
County Road 38, excepting therefrom the following:
Commencing at a point where the West line of said Government Lot Two (2)
intersects the centerline of County Road 38, said point being 851.4 feet North of the
Southwest corner of said Government Lot Two (2), thence Southeasterly along the
centerline of said road, said centerline forming an angle of 60°45'with the West line
of said Government Lot Two (2), a distance of 143.7 feet to the point of beginning of
the property to be described, thence at right angles to said centerline Northeasterly
233.0 feet; thence Southeasterly at right angle and parallel with said road 200 feet to a
point which is 50 feet westerly of the westerly right of way line of the Chicago,
Milwaukee, St. Paul and Pacific Railroad Company,thence Southerly and parallel and
50 feet distant from the said railroad right of way line 248.4 feet more or less to the
centerline of said County Road, thence Northwesterly along said road 285.8 feet to
the point of beginning;
And further excepting therefrom the right of way of the Chicago, Milwaukee, St. Paul
and Pacific Railroad Company;
And further excepting the North 400.0 feet of the East 544.50 feet of Government
Lot Two (2), Section Twenty-One (21),Township One Hundred Fifteen (115), Range
Nineteen (19), Dakota County,Minnesota, according to the Government Survey
thereof.
Per Warranty Deed—Document No. 586192:
The North 400.00 feet of the East 544.50 feet of Government Lot Two (2), Section
Twenty-One (21),Township One Hundred Fifteen (115), Range Nineteen (19),
Dakota County, Minnesota.
And also a non-exclusive easement for purposes of ingress to and egress from the
tract above described, over and across the East 33.00 feet of Government Lot Two
(2), Section Twenty One (21),Township One Hundred Fifteen (115), Range Nineteen
(19), Dakota County,Minnesota, except the North 400.00 feet thereof.
WHEREAS, on February 25, 2014,the Planning Commission of the City of Rosemount held a
public hearing and reviewed the requested application; and
WHEREAS, on February 25, 2014, the Planning Commission recommended approval of the
requested applications;and
RESOLUTION 2014-
WHEREAS, on March 18, 2014, the City Council of the City of Rosemount reviewed the Planning
Commission's recommendations.
NOW,THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Lot Combination for Joan Anderson.
ADOPTED this 18th day of March, 2014,by the City Council of the City of Rosemount.
William H. Droste,Mayor
ATTEST:
Amy Domeier, City Clerk
2
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014 -
A RESOLUTION APPROVING THE LOT SPLIT
FOR JOAN ANDERSON
WHEREAS, the City of Rosemount received a request for the Lot Split approval from Joan
Anderson concerning property legally described as:
That part of Government Lot Two (2), Section Twenty-One (21),Township One
Hundred Fifteen (115), Range Nineteen (19),lying northerly of the centerline of
County Road 38, excepting therefrom the following:
Commencing at a point where the West line of said Government Lot Two (2)
intersects the centerline of County Road 38, said point being 851.4 feet North of the
Southwest corner of said Government Lot Two (2), thence Southeasterly along the
centerline of said road, said centerline forming an angle of 60°45'with the West line
of said Government Lot Two (2), a distance of 143.7 feet to the point of beginning of
the property to be described, thence at right angles to said centerline Northeasterly
233.0 feet; thence Southeasterly at right angle and parallel with said road 200 feet to a
point which is 50 feet westerly of the westerly right of way line of the Chicago,
Milwaukee, St. Paul and Pacific Railroad Company,thence Southerly and parallel and
50 feet distant from the said railroad right of way line 248.4 feet more or less to the
centerline of said County Road, thence Northwesterly along said road 285.8 feet to
the point of beginning;
And further excepting therefrom the right of way of the Chicago,Milwaukee, St. Paul
and Pacific Railroad Company;
And also a non-exclusive easement for purposes of ingress to and egress from the
tract above described, over and across the East 33.00 feet of Government Lot Two
(2), Section Twenty One (21),Township One Hundred Fifteen (115), Range Nineteen
(19), Dakota County, Minnesota, except the North 400.00 feet thereof.
WHEREAS, the Lot Split approval will create two parcels legally described as:
PARCEL A:
That part of Government Lot Two (2), Section Twenty-One (21),Township One
Hundred Fifteen (115), Range Nineteen (19),lying northerly of the centerline of
County Road 38, excepting therefrom the following:
Commencing at a point where the West line of said Government Lot Two (2)
intersects the centerline of County Road 38, said point being 851.4 feet North of the
Southwest corner of said Government Lot Two (2),thence Southeasterly along the
centerline of said road, said centerline forming an angle of 60°45'with the West line
of said Government Lot Two (2), a distance of 143.7 feet to the point of beginning of
the property to be described, thence at right angles to said centerline Northeasterly
233.0 feet; thence Southeasterly at right angle and parallel with said road 200 feet to a
point which is 50 feet westerly of the westerly right of way line of the Chicago,
Milwaukee, St. Paul and Pacific Railroad Company, thence Southerly and parallel and
RESOLUTION 2014-
NOW,THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Lot Split for Joan Anderson, subject to the following conditions:
1. Submission and Approval of a Wetland Delineation Report and Recording of a
Conservation Easement over the wetland and wetland buffer before the issuance of the
Certificate of Occupancy for a structure on Parcel B.
2. Recording of an access easement in favor of Parcel A over the existing driveway on Parcel B.
3. Any further subdivision of Parcel A shall require the construction of a public road to
Bonaire Path and shall require the disconnection of the joint private driveway from Bonaire
Path benefiting Parcels A and B.
4. The residential structures on Parcel A and Parcel B in their current configuration shall
connect to municipal water and sanitary sewer within ten (10) years of these services being
available at the boundary of the parcels, subject to City Code Section 4-1B-10.
5. Payment of$6,800 (2 homes times $3,400) for Fee-in-Lieu of Park Dedication.
6. Payment of$720 (0.67 acres times $1,075) for Trunk Sanitary Sewer Charges.
7. Payment of$4,600 (0.67 acres times $6,865) for Trunk Stormwater Charges.
8. Payment of$4,355 (0.67 acres times $6,500) for Trunk Water Charges.
9. Any further subdivision shall pay additional trunk utility fees and park dedication based on
the adopted City Fees at the time of that subdivision. The property owner will record against
Parcel A future subdivision of the property will require full payment of all city fees with a
credit for the fees paid with this application.
10. Conformance with the City Engineer's Memorandum dated February 20, 2014.
11. Recording of a Declaration of the above conditions approved by the City Attorney on both
Parcel A and Parcel B.
ADOPTED this 18th day of March, 2014,by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
3
RESOLUTION 2014-
50 feet distant from the said railroad right of way line 248.4 feet more or less to the
centerline of said County Road, thence Northwesterly along said road 285.8 feet to
the point of beginning;
And further excepting therefrom the right of way of the Chicago,Milwaukee,St. Paul
and Pacific Railroad Company;
And further excepting that part of Government Lot Two (2), Section Twenty-One
(21),Township One Hundred Fifteen (115),Range Nineteen (19),lying northerly of
the centerline of County Road 38, described as follows:
Beginning at the Southeast corner of said Government Lot Two (2);thence South 89
degrees 50 minutes 49 seconds West, a distance of 8.85 feet; thence North 57 degrees
30 minutes 03 seconds West, a distance 192.11 feet;thence North 54 degrees 10
minutes 40 seconds West, a distance of 184.73 feet;thence North 35 degrees 49
minutes 20 seconds East, a distance of 549.67 feet, to the east line of Government
Lot Two (2); thence South 00 degrees 08 minutes 30 seconds West, along said east
line, a distance of 657.82 feet, to the point of beginning.
And also a non-exclusive easement for purposes of ingress to and egress from the
tract above described, over and across the East 33.00 feet of Government Lot Two
(2), Section Twenty One (21),Township One Hundred Fifteen (115), Range Nineteen
(19),Dakota County,Minnesota, except the North 400.00 feet thereof.
And
PARCEL B:
That part of Government Lot Two (2), Section Twenty-One (21),Township One
Hundred Fifteen (115), Range Nineteen (19),lying northerly of the centerline of
County Road 38, described as follows:
Beginning at the Southeast corner of said Government Lot Two (2);thence South 89
degrees 50 minutes 49 seconds West, a distance of 8.85 feet; thence North 57 degrees
30 minutes 03 seconds West, a distance 192.11 feet; thence North 54 degrees 10
minutes 40 seconds West, a distance of 184.73 feet;thence North 35 degrees 49
minutes 20 seconds East, a distance of 549.67 feet, to the east line of Government
Lot Two (2);thence South 00 degrees 08 minutes 30 seconds West, along said east
line, a distance of 657.82 feet, to the point of beginning.
WHEREAS, on February 25, 2014, the Planning Commission of the City of Rosemount held a
public hearing and reviewed the requested application;and
WHEREAS, on February 25, 2014, the Planning Commission recommended approval of the
requested applications, subject to conditions; and
WHEREAS, on March 18,2014, the City Council of the City of Rosemount reviewed the Planning
Commission's recommendations.
2
Anderson Lot Split and Rezoning
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verification. Dakota County assumes no legal responsibility for the information contained in this data.
2/19/2014
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MINNESOTA Anderson Lot Split & Rezoning
SITE PLAN - EXHIBIT
PROPOSED OWNER: PETE AND KARI ANDERSON
PROPERTY ADDRESS: 2295 BONAIR PATH, ROSEMOUN_T, MN
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DENOTES PROPOSED BASEMENT ELEV. SITE DESIGN IS FOR A 2—STORY
CIOD DENOTES PROPOSED GARAGE ELEV. FULL BASEMENT WALK OUT
969.9 PROPOSED FIRST FLOOR ELEVATION NORTH PERCENT IMPERVIOUS SURFACE COVERAGE:
f— PROPOSED DRAINAGE PATTERN HOUSE & DRIVEWAY DIV. EAST SITE
1.9% PROPOSED DRIVEWAY GRADE e_ 30
�� PROPOSED MAJOR CONTOUR �`.1 2,733 / 107,607 = 2.54%
---‘,_/ PROPOSED MINOR CONTOUR Bats IN Par
1 INCH . NO PELT PROJECT NUMBER 8027
DRAWING FILE 6027 BNDRY,DVG
I HEREBY CERTIFY THAT Tip SURVEY,PLAN OR REPORT WAS PREPARED .:t BENCH MARK (1): TNH ALONG BONAIR PATH NW
BY NE OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY .„ OF SE PROP CORNER HAS AN ELEVATION OF 958.28
LICENS DT LAND SURVEYOR UNDER THE TAWS OF THE STATE OF PER CITY OF ROSEMOUNT DATA RECEIVED 09/19/2012.
FaaterMajvaA,wcuas ALL BEARINGS ARE ON DAKOTA COUNTY COORDINATE SYSTEM
umionso • 1®aml111121N THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 21.
Signal: TMtw.K.roster ��m O6 TOWNSHIP 115, RANGE 19, IS ASSUMED TO BEAR NOOT)2.34'W
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tb.l../t 47223 Data 01/23/2014 w' 'w=° VERTICAL DATUM: NGVD 1929(PER CITY OF ROSEMOUNT)
• •
MINOR LOT SUBDIVISION
PROPOSED OWNER: PETE AND KARI ANDERSON
PROPERTY ADDRESS: 2295 BONAIR PATH,
ROSEMOUNT, MN
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PROVIDED LEGAL DESCRIPTIONS: PROPOSED LEGAL DESCRIPTIONS:
Per abstract of title by Dakota Count Abstract Company.dated PARCEL A
October 21,198.5 Y Y That part ).Government lot Two(2),Section tin Twenty-one c nt centerline a Towrehip Co One hundred
38.
fifteen(115),Rags Nineteen(19) lying natharly of Na casteIM of County Rood 38
That part of Government Lot Two(2),Section Twenty-one(21),
excepting therefrom the ksowb¢
Township One hundred fifteen(115),Range Nineteen(19).lying Commencing at a point where the West line of sold Government lot Two(2)Intersects
northerly of the centerline of County Rood 38,excepting therefrom the centerline of County Road 35 sold point being 851.4 feet North of the Southwest
the following: owner of said Government Lot Two(2),thaws Southeasterly along the centerline of
sold road,sold centerline forming on angle of 8045'wI h the West line of said
Commencing at a point where the West fine of sold Government Lot Government Lot Two(2,o distance of 143.7 feet to the point of
Two(2)intersects the centerline of County Road 38.said point beginning of the woperty to be...bed,thence at right angles to sold anterllne
Deng 651.4 feet North of the Southwest comes of said Government North.et.Hy 233.0 feet than Southeasterly at right angle and parallel ash sold
Lot Two 2,then.Southeasterly along the centerline of said road, rood 200 feet to o point which is 50 test westerly of the rsslerly right of ray line of
said centerline forming an angle of 60'45'with the West line of sold and Carago rind feet St.Paul and Palls Railroad rolro Company, way line Southerly 8.4f
QQ parallel eno the test eatont from the sold o d, cet o way one talon feet
Government Lot Two(2). to distance dno of d,,th feel to the point of road 8 I13 f to the the point of sold County Road.thence Northwesterly along sold or
beginning of the property to be descrksd„thence of right angles _ road 285.8 lost to Ne point of beginning;
to sold centerline Northeasterly 233.0 feet;thence Southeasterly at +woe=
rlght angle and parolkl with sold road 200 feel to 0 yob!which is AM Further Excepting tharnfan the rght of way of the Chicago,Milwaukee,St.Paul
50 feet weataly of the westerly right of Toy fine of fine Chicago, and Pa ins Ra7road pen,,
Milwaukee,St.Pad and Pacific Roirood Company,thence Southerly NORTH
and parallel and 50 feet distant from the sold railroad right of way Md Further Excepting That pert of Government Lot Two(2).Section Twenty-ono(21).
line 240.4 feet more or less to the centerline of sold County Road, 0 100 ROO Township One hundred fifteen(115).Range Nineteen(19).lying northerly of the
thence Northwesterly along said rood 285.8 feet to the point of -�I__I-�1 centerline of County Road 36 decrkad as folbwc
beginnnq; I _ Begbnhng at the southeast comer of sold Government Lot 2;thence South 89 deans.
DMZ Ill IO7 50 minute.49 seconds West.a distance of 685 feet thence North 57 degrees 30
And Further Excepting therefrom the right of way of the Chicago. 1 DILE a NO PUY minutes 03 seconds West.a distance of 192.11 feet thence North 54 degrees 10
Milwaukee,St.Paul and Pacific Rosroad Company minutes 40 seconds West o distance of 154.73 Mt thence North 35 deegaes 40
mutes 20 East.0 distance of 549.67 fin,to the east line of°mermen!Lot 2;
And Further Excepting the North 400.0 feet of the East 544.50 thane South 00 degrees 08 minutes 30 seconds Westt along sold east line,e
feet of Government Lot Two(2),Section Twenty-one(21),Township
distance of 657.82 lest.to the point of beginning.
One hundred fifteen(115),Range Nineteen(19),Dakota County, And also a nor,-exdadve easement for V of h, ses to and Krems Minnesota,according to the Government Survey thereof. area above descried.over and=roes the East 33.00 het of Government from the
Per Warranty Data-Document No.588192:
Section fleet Township 113,Range 19,Dakota County Mnnota except the north
The North 400.00 feat of the East 544.50 feet of Government Lot Two(2), PARCEL B:
Twenty-
Section one(21),Township One Hundred Fifteen(115),Range That pat of Government Lot Two(2),Section Twenty-one(21),Township One hundred
Nineteen(19).Dakota County,Minnesota fifteen(115).Range Nineteen(19),lying northerly of the centerline of County Rood 36
decked as fallow.
And also o non-exdusive easement for purposes of borne to and egress Beginning at the southeast corner of sold Government Lot 2:thence South 89 deg0s
from the tract above described.over and ocross the East 33.00 feet of 50 minutes 49 seconds Wee,a distance of 8.85 feet thence North 57 degrees 30
Government Lot 2,Section 21,Township 115,Range 19.Dakota County, minutes 03 seconds West.o dean.of 192.11 feet;thence North 54 degrees 10
Minnesota,except the North 400.00 feet thereof. minute.40 seconds Met,a distance of 154.73 feet;thaws North 35 dsegrsoo 49
minutes 20 East.a dstance of 549.87 feet,to the east Rene of°averment Lot 2:
then.South 00depese 05 minute.30 seconds West.along said east line,a
PROPOSED AREA: distance of 857.62 feet,to the point of beginning.
PARCEL A: 20.72 ACRES PRIJECT NUMBER 8027
PARCEL B: 2.47 ACRES DRAWING FILE BD27 BNDRY.DVG
I HEREBY CERTWY THAT THIS SURVEY,PLAN OR REPORT WAS PREPARED '=`'�`' r L
BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AN A DULY • Denotes Iron monument found
LR:ENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE Of ''"1 0 Denotes'PK'set in bituminous roadway
MINNESOTA. 0 Denotes iron monument set
Fost_er Maya.Ass«ww ALL BEARINGS ARE ON DAKOTA COUNTY COORDINATE SYSTEM
MIS IRKS, • IIISMI3Z3MInit THE WEST UNE OF THE SOUTHWEST QUARTER OF SECTION 21.
Signed 7sW®MrfWMBe TOWNSHIP 115, RANGE 19, IS ASSUMED TO BEAR NOO*02'34-W
Therese K.Posh m0,as�rem:a
License/t 47223 Oates 01/23/2014 leW/i VERTICAL DATUM: NGVD 1929(PER CITY OF ROSEMOUNT)
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CERTIFICATE OF SURVEY
PETE AND KARI ANDERSON 1
Illiti : 1 i''
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T779!,,u, g 1 2295 BONAIRE PATH, ROSEMOUNT, MINNESOTA
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i MAIM 4 4 : 1 1 BOUNDARY / TOPOGRAPHY / SITE PLAN I alF,3 E.1.0-P"H. i•
It ROSEMOUNT
PARKS AND RECREATION
M E M O R A N D U M
To: Kim Lindquist, Community Development Director
Eric Zweber, Senior Planner
Jason Lindahl, Planner
Andy Brotzler, Public Works Director/City Engineer
Phil Olson, Assistant City Engineer
From: Dan Schultz, Parks and Recreation Director
Date: February 19, 2014
Subject: Anderson Lot Split/Lot Combination
Staff recently reviewed the plans for the Anderson Lot Split/Lot Combination and has the following
comments:
• Staff is recommending the City of Rosemount collect parks dedication fees for the two new
lots being created.The current rate for residential dedication is $3,400 per unit.The
dedication for two new lots would be $6,800 (2 lots x 3,400 per unit).
Please let me know if you have any questions about this memo.
4 ROSEMOUNT
PUBLIC WORKS
MEMORANDUM
DATE: February 20, 2014
TO: Eric Zweber, Senior Planner
CC: Kim Lindquist, Community Development Director
Andrew Brotzler, Director of Public Works/City Engineer
Dan Schultz, Parks and Recreation Director
Christine Watson, Public Works Coordinator
Kathie Hanson, Planning Department Secretary
FROM: Phil Olson, Assistant City Engineer
RE: Anderson Lot Split Engineering Review
SUBMITTAL:
Plans were prepared by Foster Mayers Associates and are dated January 23, 2014. Engineering
review comments were generated from the following documents included in the submittal:
• Site plans
• Minor Lot Subdivision
• Certificate of Survey
DEVELOPMENT FEES:
1. The property owner shall pay trunk area charges as follows based on an area of 0.67 acres:
• Trunk Sanitary Sewer charges: $720 (0.67 acres times $1,075)
• Trunk Stormwater charges: $4,600 (0.67 acres times $6,865)
• Trunk Water charges: $4,355 (0.67 acres times $6,500)
2. Any further subdivision shall pay additional trunk utility fees based on the adopted City Fees
at the time of that subdivision.
SITE PLAN COMMENTS:
3. The Pete Anderson and Joan Anderson homes shall connect to municipal water and sanitary
sewer within ten (10) years of these services being available at the boundary of the parcels,
subject to City Code Section 4-1B-10.
4. Submittal and approval of a wetland delineation report and recording of a conservation
easement over the wetland and wetland buffer are required before the issuance of the
Certificate of Occupancy for the Pete Anderson house.
5. Any further subdivision of Parcel A shall require the construction of a public road to
Bonaire Path. The intersection location at Bonaire Path should be positioned to allow a
single intersection with a future roadway connection south of Bonaire Path. This location is
along the western property line of the Pete Anderson property. At that time, the joint Pete
Anderson and Joan Anderson driveway is required to be disconnected from Bonaire Path
and a connection to the new public road is required.
6. Any further subdivision of Parcel A will require the entire site to meet the City's stormwater
quantity, quality, and infiltration requirements,including Parcel B.
Should you have any questions or comments regarding the items listed above,please contact me at
651-322-2015.
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
FEBRARY 25, 2014
d. Joan Anderson Request for Lot Split, Lot Combination and Rezoning of 2295 Bonaire Path
West(14-16-LS, 14-17-LC, 14-18-RZ). The applicant,Joan Anderson owns two parcels with one house
at 2295 Bonaire Path. The parcels are located on the north side of Bonaire Path at the Progress Rail
crossing just east of the Harmony subdivision. The City never approved subdivision of the two
parcels and therefore they are illegal non-conforming lots. Per ordinance, a second home cannot be
constructed on the property. To resolve the illegal non-conforming status,the applicant is requesting
a lot combination to create one legal lot, a lot split to create a lot in the southeast corner of the
property for her son Pete Anderson to construct a new home,and a rezoning to LDR—Low Density
Residential to bring the two new parcels into conformance with the Comprehensive Plan and Zoning
Ordinance.
The public hearing was opened at 8:27p.m.
Chairperson Powell asked the applicant if he agreed with the conditions contained in the staff
report. Peter Anderson, 13023 Garvin Brook Lane,Apple Valley, son of Joan Anderson, stated that
he agreed with the conditions.
There were no other public comments.
MOTION by Weber to Close the Public Hearing.
Second by Powell.
Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 8:28pm.
MOTION by Husain to recommend the City Council approve a Rezoning from AG -
Agriculture to R1-Low Density Residential.
Second by Weber.
Ayes: 4. Nays: None. Motion approved.
MOTION by Husain to recommend the City Council approve a Lot Combination for Joan
Anderson.
Second by Kurle.
Ayes: 4. Nays: None. Motion approved.
MOTION by Husain to recommend the City Council approve a Lot Split including Parcel
A and Parcel B, subject to the following conditions:
1. Submission and Approval of a Wetland Delineation Report and Recording of a
Conservation Easement over the wetland and wetland buffer before the issuance of the
Certificate of Occupancy for a structure on Parcel B.
2. Recording of an access easement in favor of Parcel A over the existing driveway on
Parcel B.
3. Any further subdivision of Parcel A shall require the construction of a public road to
Bonaire Path and shall require the disconnection of the joint private driveway from Bonaire
Path benefiting Parcels A and B.
4. The residential structures on Parcel A and Parcel B in their current configuration
shall connect to municipal water and sanitary sewer within ten (10) years of these services
being available at the boundary of the parcels, subject to City Code Section 4-1B-10.
5. Payment of$6,800 (2 homes times $3,400) for Fee-in-Lieu of Park Dedication.
6. Payment of$720 (0.67 acres times $1,075) for Trunk Sanitary Sewer Charges.
7. Payment of$4,600 (0.67 acres times $6,865) for Trunk Stormwater Charges.
8. Payment of$4,355 (0.67 acres times $6,500) for Trunk Water Charges.
9. Any further subdivision shall pay additional trunk utility fees and park dedication
based on the adopted City Fees at the time of that subdivision. The property owner will
record against Parcel A future subdivision of the property will require full payment of all city
fees with a credit for the fees paid with this application.
10. Conformance with the City Engineer's Memorandum dated February 20, 2014.
Second by Kurle.
Ayes: 4. Nays: None. Motion approved.