HomeMy WebLinkAbout6.d. Heinen Lot Combination to Combine Four Existing Parcels into One Property 4ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting Date:August 4, 2014
AGENDA ITEM: Case 14-40-LC Heinen Lot Combination to AGENDA SECTION:
Combine Four Existing Parcels into One Consent
Property.
PREPARED BY: Jason Lindahl, A.I.C.P.
AGENDA NO.
Planner
ATTACHMENTS: Location Map, Site Map, Existing Legal APPROVED BY:
Descriptions, Proposed Legal Description
RECOMMENDED ACTION: Motion to approve the combination of parcels 34-03700-43-
010, 34-03700-24-010, 34-03800-03-020 and 34-03800-06-010 into one parcel.
SUMMARY
Applicant&Property Owner(s): Richard and Jean Heinen
Location: 3110 and 3120 145`h Street West
Area in Acres: 4 Parcels Totaling 34,056 square feet (0.85 Acres)
Comp. Guide Plan Design: LDR-Low Density Residential
Current Zoning: R-1S—Low Density Residential
The applicants, Richard and Jean Heinen, request permission to combine the four parcels they own at
3110 (two parcels) and 3120 (2 parcels) 145`h Street West. Recently, the applicants removed the house at
3120145 h Street West. Should the City approve the lot combination request, the applicants intend to
combine the four parcels they own into one property and make improvements to the house at 3110 145`h
Street West. Both the Planning Commission and Staff recommend approval of this request.
PLANNING COMMISSION ACTION
The Planning Commission held a public hearing to review this item on July 22, 2014. Following a
presentation from staff, the Commission held a public hearing that produced no comment. Acting Chair
Husain asked if this lot consolidation would create any new non-conformities. Staff confirmed that no
new non-conformities will result from this application because the consolidation will make the property
bigger and the applicant has already removed the house at 3120 145`h Street West. The Commission then
voted unanimously to recommend the City Council approve this request.
BACKGROUND
Rosemount Township was created in 1858 while the Village of Rosemount was established in 1875. These
areas combined in 1971 and 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.
Of the applicants' four parcels,the two northern properties were first subdivided as part of Auditor's
Subdivision No.1 in April of 1906 while the two southern properties were first subdivided as part of
Auditor's Subdivision No. 27 in September 1928. The house at 3120 145`''Street West was constructed in
1905 and the house 3110 145`'' Street West was built in 1968. Therefore, subdivision of the subject
properties and construction of the associated structures was completed prior to the City's formation.
SUBDIVISION REQUEST
Lot consolidations are a type of subdivision request and are considered a quasi-judicial action.As such, the
City has a set of standards and requirements for review. Generally,if the application meets these
requirements it must be approved. Standards for reviewing subdivision requests are contained in Title 12
of the Rosemount City Code (Subdivision Regulations) and Section 11-4-6 (R-1A Low Density Residential
District). The applicable standards, along with staff findings related to each are provided below.
Land Use and Zoning. The subject property is guided LD—Low Density Residential on the Future
Land Use Map and R-1A—Low Residential on the Zoning Map. These are the appropriate land use and
zoning classifications for the proposed single family residential use.
According to the Comprehensive Plan,Low Density Residential is the predominant land use in
Rosemount and includes mostly single family housing with some twin homes or townhouses. The houses
usually contain multiple bedrooms,bathrooms, and garage stalls per unit. Low Density
Residential land provides housing suitable for families with children,and as such, should be located close
to schools, churches,public parks,and neighborhood commercial. Low Density Residential areas are
expected to provide full urban infrastructure, such as sidewalks,neighborhood parks,and streets with
good access and interconnectivity. Attention should be paid to pedestrian and bicycle transportation to
provide access for children to schools,churches,and public parks. Municipal water and sanitary sewer are
required.
Site Characteristics. When combined, the subject property will exceed the minimum lot and dimensional
standards for the R-1A district. These standards require a minimum lot size of 10,000 square feet;width
of 80%and a depth of 125'. The site under consideration is made up of four parcels. The property at 3110
145''Street West contains two parcels (74'by 150' and 74'by 123) totaling 20,199 square feet. The
property at 3120 145s' Street West also contains two parcels (55'by 150'and 70'by 123) totaling 16,857
square feet. Both properties fail to meet the R-1A district's 80'minimum lot standard. The combined
properties would have dimensions of roughly 129'wide by 283' deep and total approximately 34,056
square feet (0.78 acres). This area and dimensions would exceed the minimum lot and dimensional
requirements for the R-1A zoning district.
Setbacks. If combined, the remaining house and accessory building would conform to the setback
standards for the R-1A district. Structural setback standards for the R-1A District are detailed in the table
below. With the exception of the east side yard setback for the property at 3120 145`'' Street West, the site
conforms to the setback requirements for the R-1A District. Combining the properties and removing the
house at 3120 145`''Street West will significantly increase the south and west setbacks resulting in the site
meeting or exceeding all the R-1A setback standards.
2
Setback Standards for the R-1A District
Setback 3110145``' Street West 3120145`Street West
Category Requirement Existing Proposed Existing Proposed
Front (North) 30' 30' 30' 31' N/A
Side (East) 5' 5' 5' T N/A
Side (West) T 5' 80' 36' N/A
Rear (South) 1 25' 62' 185' 68' N/A
Streets&Access. Currently, the two subject properties share a common driveway with the property at
3130 145 'Street West owned by Michael and Maureen Bouchard. The applicants propose to maintain
this shared access for their new combined property and this design is acceptable to the Engineering
Department.
Parks and Open Space. Since no new dwelling units will result from this lot combination, no park
dedication is required with this application.
CONCLUSION & RECOMMENDATION
The Planning Commission and Staff recommend approval of the request from Richard and Jean Heinen to
combine the four parcels they own at 3110 (two parcels) and 3120 (2 parcels) 145`''Street West. Creation
of the subject properties and construction of the associated structures was completed prior to Rosemount
becoming a City in 1971. As a result, the subject properties are non-conforming with respect to lot width
and the east side yard setback for the property at 3120 145`'' Street West. If combined, the subject
property would meet or exceed the minimum lot and dimensional standards for the R-1A district. This
proposal would not require a change in access from 145`" Street West or park dedication. The applicant
has already removed the house at 3120 145`''Street West. Should the City approve the lot combination
request, the applicants intend to combine the four parcels they own into one property and make
improvements to the house at 3110 145th Street West. Any improvements to the site will require separate
approvals.
3
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
JULY 22, 2014
5.b. Request by Richard and Jean Heinen to Combine Four Existing Parcels into
One Property (14-40-LC)The applicants,Richard and Jean Heinen,request permission to
combine the four parcels they own at 3110 (two parcels) and 3120 (2 parcels) 145`h Street West.
Recently, the applicants removed the house at 3120 145`h Street West. Should the City approve the
lot combination request, the applicants intend to combine the four parcels they own into one
property and make improvements to the house at 3110 145th Street West. Planner Lindahl reviewed
the staff report.
Commissioner Kurle inquired what the intention is of combining the four lots. Planner Lindahl
stated the owners want to make improvements to the house.
Commissioner Forster wanted to clarify that all other existing buildings would remain and that the
amount of hardscape falls within zoning guidelines.
Commissioner Kenninger wanted to clarify that going forward this would be considered one parcel
only allowing one dwelling unit per parcel.
Commissioner Husain inquired whether or not they conform to other plots. Planner Lindahl stated
they would follow historical pattern.
The public hearing was opened at 8:53p.m.
There was not public comment.
MOTION by Kenninger to close the public hearing.
Second by Kurle.
Ayes: 4. Nays: 0. Motion approved. Public hearing was closed at 8:54 p.m.
MOTION by Kurle to recommend that the City Council approve Combine Four Existing
Parcels into One Property
Second by Kenninger.
Ayes: 4. Nays: 0. Motion approved.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014 -
A RESOLUTION APPROVING THE LOT COMBINATION
FOR RICHARD AND JEAN HEINEN
WHEREAS, the City of Rosemount received a request for the Lot Combination approval from
Richard and Jean Heinen concerning property legally described as:
Tax parcel no. 34 03700 43 010,The east 19 feet of Lot 43 and Lot 42, except the
east 55 feet thereof, all in Auditor's Subdivision No. 1,
Tax parcel no. 34 03700 42 010, the east 55 feet of Lot 42, all in Auditor's
Subdivision No. 1
Tax parcel no. 34 03800 06 020,Lot 6, except the west 91 feet thereof, and also
except the ease 55 feet thereof, all in Auditor's Subdivision No. 1
Tax parcel no. 34 03800 06 010,Lot 5, and the east 55 feet of Lot 6, all in Auditor's
Subdivision No. 1
WHEREAS, on July 22, 2014, the Planning Commission of the City of Rosemount held a public
hearing and reviewed the requested application;and
WHEREAS, on July 22, 2014 the Planning Commission recommended approval of the requested
applications; and
WHEREAS, on August 4, 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 Richard and Jean Heinen.
ADOPTED this 4th day of August, 2014,by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Clarissa Hadler, City Clerk
Heinen Lot Combination
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legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 200 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 6/30/2014
Site Map for 3110 and 3120 145th Street West
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for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. 1 inch = 100 feet
7/15/2014
Exhibit A
Current Tax Parcel Legal Description
Parcel 1 (tax parcel no. 34 03700 43 010): The east 19 feet of Lot 43 and Lot 42, except
the east 55 feet thereof, all in Auditor's Subdivision No. 1, according to the plat thereof
now on file and of record in the office of the Register of Deeds in and for Dakota County,
Minnesota.
Parcel 2 (tax parcel no. 34 03700 42 010): The east 55 feet of Lot 42, all in Auditor's
Subdivision No. 1, according to the plat thereof now on file and of record in the office of
the Register of Deeds in and for Dakota County, Minnesota.
Parcel 3 (tax parcel no. 34 03800 06 020): Lot 6, except the west 91 feet thereof, and
also except the east 55 feet thereof, all in Auditor's Subdivision No. 27, according to the
plat thereof now on file and of record in the office of the Register of Deeds in and for
Dakota County, Minnesota.
Parcel 4 (tax parcel no. 34 03800 06 010): Lot 5, and the east 55 feet of Lot 6, all in
Auditor's Subdivision No. 27, according to the plat thereof now on file and of record in
the office of the Register of Deeds in and for Dakota County, Minnesota.
Drawing 1 .
Richhrd Ileinen 50/20
3110 Wrest 145th Street 90/50
Rosemount, ICI 55068
DELMAR H. SCHWANZ
LAND SURVEYORS,INC
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14750 SOUTH ROBERT TRAIL ROSEMOUNT.MINNESOTA 55068 65L'423-1769
SURVEYOR'S CERTIFICATE
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Exhibit B
Proposed Legal Description
Lot forty-three (43), except the west ninety-one (9 1) feet thereof, and all of Lot forty-two
(42), in Auditor's Subdivision No. 1, Rosemount, Minnesota, according to the plat
thereof now on file and of record in the office of the Register of Deeds in and for Dakota
County, Minnesota.
and
Lot five (5) and all of Lot six (6), except the west ninety-one (91) feet thereof in
Auditor's Subdivision No. 27, Rosemount, Minnesota, according to the plat thereof now
on file and of record in the office of the Register of Deeds in and for Dakota County,
Minnesota.