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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 1 ! 6.3 �` a . w •. � s yt447! ,� i - - . �_� i *mot i t • �+,• 40W vlw%_ ;� `--- L-T s + I -7o --,x, Ile' lop i ''°fit i j '—�', ••�; `h i ` • l UV"iLK 1 lilh 5T ',•, Disclaimer.Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale 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 1► l ! � 7 •' .. R N 5 N • ` s tip 60 105 33 55 WI. 41� 55 145TH sr W _,.., 19 1 5 5 55� �. 107 3F., 55 x.38 . 95 l .r 55 •.'S3 'S3 •'8? i n n '1t 59 r?' Sr 55 ,55 42 13 - 5b 2'S w 15 33 �" r'x..,150 N 150 N 22 1,1 lil 22 v =t s w 1S0 ~ r 165 7 �� 150 12 .1 '.1 22 ?li 21 . . 130 1� 151 r 1 1 x� 25 47 �•T 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 Map Scale 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 Aeglfler,4 Vnae•L,.,el Tha Sw,of Us—esof, 14750 SOUTH ROBERT TRAIL ROSEMOUNT.MINNESOTA 55068 65L'423-1769 SURVEYOR'S CERTIFICATE /22, 58/J/EA /`o, Q>Ef15, 150 14-57 27 t K • /c3� /So� � � /5a r � vurtt o e n 11 rt Nn Mrttn MN }! 0 , H y 5 M Fv r , 0 C Nrt ❑>❑, CJ y M C7 rt .. O � LnM ft M 9 0 M. D5 l-1 00 Url t7 (n M Z _(p N 5•M r � ft77 ,y Do Ln B H 4 Uri M 1 hereby certify that this survey,plan.or report was O M (£R prepared by me or under my direct suparvtslon and Z .r. V1 that I am a duly Registered Lend Surveyor under r} •� W the laws of the State of Minnesota. ! January 19,2001 Delmar H.SO—ant y� Dated f Minnesota Roglstration No.8625 ,r 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.