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Home My WebLink About5.a. Barthel Preliminary Plat and Final Plat E X E C U T I V E S U M M A R Y Planning Commission Meeting Date: November 24, 2015 Tentative City Council Meeting Date: December 15, 2014 AGENDA ITEM: Case 15-46-LS Barthel Preliminary Plat and Final Plat AGENDA SECTION: Public Hearing PREPARED BY: Kim Lindquist, Community Development Director AGENDA NO. 5.a. ATTACHMENTS: Location Map, Preliminary Plat, Final Plat, 1997 Staff Report Planning Commission, 1997 Staff Report City Council APPROVED BY: K.L. RECOMMENDED ACTION: Staff recommends the Planning Commission make the following motions: 1. Motion to recommend the City Council approve the Preliminary Plat request for Barthel Addition subject to conditions:  Dedication of Standard Drainage and Utility Easements around the perimeter of the four lots. 2. Motion to recommend the City Council approve the Final Plat for Barthel Addition. SUMMARY Applicant: Eugene A. & Shirley M. Barthel, William C. Lindell, Jr., Jeremy & Racquel Sieben, and Timothy a& Patricia Baker. Location: South of 130th Way and east of Bengal Avenue Area in Acres: 3.18 Comp. Guide Plan Design: TR – Transitional Residential Current Zoning: RR – Rural Residential BACKGROUND On September 2, 1997, the City of Rosemount approved the Barthel Addition plat which is the reconfiguration of five existing lots into four lots. (City staff reports and minutes are not available) At some point after approval, the Plat was lost and ultimately not recorded with the County. The subdivision ordinance requires filing of a final plat within two years of approval. The applicants have re-applied for the same request in order to record the final plat and complete the lot reconfigurations. The application before the City is a preliminary and final plat entitled the Barthel Addition. The preliminary plat subdivides the existing 4.4 acres into four rural residential lots of 3.18 total acres after easements and right of way changes. The existing state of the five lots comprising the plat is nonconforming from a lots size standpoint. The proposed changes will not bring the properties into compliance as they will continue to be undersized. However, the plat dedicates right of way which is associated with the adjoining roads, and is currently part of the parcel lot sizes. Additionally, the lots currently are oddly configured. After platting lot 2, the Barthel lot will have a more regular configuration and would have useable lot area adjacent to the residence. The subject property is located on the west side of 130th Way approximately 3/4th mile east of Highway 3 and directly north of 130th Street West. ISSUE ANALYSIS Legal Authority Subdivision of land is considered a quasi-judicial action. In such cases, the City is acting as a judge to determine if the regulations within the Subdivision Ordinance are being followed. Generally, if the application meets these requirements it must be approved. Present and Future Land Uses Surrounding the Barthel Addition Direction Present Future North Rural Residential Transitional Residential South Agriculture Transitional Residential East Rural Residential Transitional Residential West Rural Residential Transitional Residential Subdivision Request Standards for reviewing subdivision requests are outlined in Title 12 of the Rosemount City Code. This section of the Code details the two-step preliminary and final plat process for land subdivision. In this case, the applicant requests the City review the preliminary and final concurrently. Preliminary and Final Plat. The proposed preliminary plat subdivides the existing five lots of 4.4 acres into four lots totaling 3.18 acres. Some of the current area will be converted into right of way consistent with the development pattern already existing. Dedication of right of way is beneficial for the city as the public roads are already in place. Land Use and Zoning. The subject property is guided TR - Transitional Residential and currently zoned RR – Rural Residential. The rural residential ordinance standards require platted parcels of 2.5 acres. Before platting the lot sizes are: Property Owner Pre-Plat Area (acres) Post Plat Area (acres) Baker .95 .58 Barthel .83 .71 Lindell (vacant) .46 n/a Lindell 1.21 1.11 Sieben .95 .78 Streets & Access. The Barthel Addition is circled by Bengal Avenue to the west, 130th Way to the north and the east, and 130th Street West to the south. The platting of these lots does not create a new buildable site. The platting allows dedication of right of way and reconfigures lots so there is more usable space associated with the four residences. CONCLUSION & RECOMMENDATION Staff recommends the approval of the preliminary and final plats for the Barthel Addition. This recommendation is based on the materials submitted by the applicant and the findings made in this report. 9,e r o ICraArcD9XJON'a9m7oGZ f?„m m 5 0,N A I 1mDZNm4nNOZiOuz0oo, ilG =97• 74.90 q 00„ 2,?.; P'4 i 4o 0 I x 02 E`24 m EnI/j N 035640 2mBE///L I v 365.75 E y Z N 03. 5540" E I I s 339.21 s' s o m 33 19 ZS'202. 96 J`o 2 100.00 No 17.20 1 N O O 4 Z z 52, i o F01'0 m O C V D CO.19 9 C SS Q1m J::.9S. 9 m ILo 1.---+cn o 12.03 o do c a r Dcn ICDLa,IM NO3' 56' 40 "E p ro n u u I (.11n o 17 Mt O ICI S r D cF 0 pa rn T 0 E9 0, L j 9 e5 07 1 2N S 6 S j00 3W503 O 0I. o o 83.00 SO oo'oo "e P\6 05 9ti S g g2 o Ln o 2c Z0 Zb b 0 5 05 099\ e 62 Z b. 1 W35yoj Fri 1>f2\X00 o/Ze o/ oE e H a 2 N i ZO 02 D 1=3 Do 6'i' a' 70.38 C ic, O001.31'01 "E Z' o O° G j T(E W z p m 3 m DLi; w 33 9S•eti 0,,, 310,00.0S w w00 5 s= Z SO b9 r; y r r J 1 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION Planning Commission Meeting Date: August 26, 1997 AGENDA ITEM: Barthel Addition Plat AGENDA SECTION: Public Hearing PREPARED BY: Rick Pearson, City Planner AGENDA NO. 7.A. ATTACHMENTS: Plat, area map APPROVED BY: rep Applicant:Eugene Barthel Location:Northeast corner of Bengal Ave. 130th Street Property Owner(s)Eugene Shirley Barthel, John Carol Beckman William Mary Lindell, Timothy Patricia Baker Area in Acres:3.47 acres Number of Lots:4 Overall Density:1.15 dwelling units per acre Comp. Plan Land Use Desig:Rural Residential Current Zoning:Rural Residential SUMMARY The proposed plat for Barthel Addition is a consolidation of property among the four residents of the block that is surrounded by Bengal Avenue, 130th Street and 130th Way. Three of the four properties are absorbing the lot previously owned by August Hanson. The Planning Commission will recall the variance granted to August's son, Ralph for a building permit two years ago. The neighbors eventually acquired the property, and are taking the opportunity to redefine their property boundaries. The plat will eliminate the lot previously discussed in the variance hearings, and reorganize the common boundaries between lots 1 and 2 in a logical manner. While several non conforming setbacks currently exist, no new setback encroachments are being created and the plat is an improvement over the existing configuration. Staff would characterize the request as "housekeeping RECOMMENDED ACTION: Motion to recommend that the City Council approve the Barthel Addition Plat subject to: 1.Payment of GIS fees in the amount of $200 based upon $50 per lot. 2.Incorporation of recommendations relative to easements and right -of -way as identified by the Public Works Department. PLANNING COMMISSION ACTION: CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: September 2, 1997 AGENDA ITEM: Barthel Addition Plat AGENDA SECTION: Consent PREPARED BY: Dan Rogness, Community Development Dir.AGENDA liftm 6 fi ATTACHMENTS: Draft Resolution, Plat, Descriptive map APPROVED BY: Applicant:Eugene Barthel Location:Northeast corner of Bengal Ave. 130th Street Property Owner(s)Eugene Shirley Barthel, John Carol Beckman William Mary Lindell, Timothy Patricia Baker Area in Acres:3.47 acres Number of Lots:4 Overall Density:1.15 dwelling units per acre Comp. Plan Land Use Desig: Rural Residential Current Zoning:Rural Residential Planning Commission Action:Unanimous recommendation of approval SUMMARY The proposed plat for Barthel Addition is a consolidation of property among the four residents of the block that is surrounded by Bengal Avenue, 130th Street and 130th Way. Three of the four properties are absorbing the lot previously owned by August Hanson. The Planning Commission granted a variance for the property to August's son, Ralph for a building permit two years ago after a lengthy series of meetings. The neighbors eventually acquired the property, and are taking the opportunity to redefine their property boundaries. The plat will eliminate to lot previously discussed in the variance hearings, and reorganize the common boundaries between lots 1 and 2 in a logical manner. While several non conforming setbacks currently exist, no new setback encroachments are being created and the plat is an improvement over the existing configuration, especially for the Barthel property. Staff would characterize the request as "housekeeping On August 26, 1997, the Planning Commission conducted the required public hearing. Mr. Barthel and his son were the only people who attended. The Commission adopted a motion to recommend approval of the plat after some brief questions were answered. RECOMMENDED ACTION:Motion to adopt A Resolution Approving the Barthel Addition Plat. COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1997 A RESOLUTION APPROVING THE BARTHEL ADDITION PLAT WHEREAS, the Planning Department of the City of Rosemount received an application for the Barthel Addition Plat submitted by Eugene Barthel as required by ordinance for the purpose of consolidating property and redefining property boundaries, legally described as follows: That part of the Southeast Quarter of the Southwest Quarter of Section 16, Township 115, Range 19, Dakota County, Minnesota described as follows: Commencing at the southwest comer thereof, thence North 90 degrees East, assumed bearing, along the south line of said Southeast Quarter of the Southwest Quarter 247.67 feet; thence North 03 degrees 56 minutes 40 seconds East 33.08 feet to the north line of 130th Street West as platted in JAY SIMON'S FIRST ADDITION, according to the recorded plat thereof, and the point of beginning of the land to be described; thence continuing North 03 degrees 56 minutes 40 seconds East 339.21 feet; thence North 28 degrees 03 minutes 20 seconds West 141.60 feet; thence northeasterly 24.10 feet along a tangential curve which is concave to the southeast, radius of 14.24 feet, central angle of 97 degrees 00 minutes 00 seconds; thence North 68 degrees 56 minutes 40 seconds East, tangent to last described curve, 115.00 feet; thence southeasterly 44.95 feet along a tangential curve which is concave to the southwest, radius of 46.78 feet, central angel of 55 degrees 02 minutes 12 seconds; thence South 56 degrees 01 minute 28 seconds East, tangent to last described curve, 78.12 feet; thence southeasterly 55.94 feet along a tangential curve which is concave to the southwest, radius of 80.58 feet, central angle of 39 degrees 46 minutes 26 seconds; thence South 16 degrees 14 minutes 42 seconds East, tangent to last described curve, 158.81 feet; thence southeasterly 93.41 feet along a tangential curve which is concave to the northeast, radius of 185.41 feet, central angle of 28 degrees 52 minutes 00 seconds; thence South 45 degrees 06 minutes 42 seconds East, tangent to last described curve, 256.91 feet; thence South 00 degrees 00 minutes 00 seconds East 18.56 feet to the north line of 130th Street West as platted in said JAY SIMON'S FIRST ADDITION; thence North 90 degrees 00 minutes 00 seconds West along said north line of 130th Street West 485.16 feet to the point of beginning. WHEREAS, the Planning Commission of the City of Rosemount reviewed the application for the Barthel Addition Plat at their regular meeting on August 26, 1997; and, WHEREAS, the Planning Commission adopted a motion to recommend approval of the Barthel Addition Plat to the City Council as required by the Subdivision Ordinance; and, WHEREAS, on September 2, 1997, the City Council of the City of Rosemount reviewed the Barthel Addition Plat application as required by the Subdivision Ordinance. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Barthel Addition Plat, subject to: 1.Payment of GIS fees in the amount of $200 based upon $50 per lot. 2.Incorporation of recommendations relative to easements and right -of -way as identified by the Public Works Department. Resolution 1997 ADOPTED this 2nd day of Septembert, 1997 by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by:Seconded by: Voted in favor: Voted against: Member absent: m w m w J z 3 AAV IWIFrOVH ER I io 4 III dW 40IlkMIVOA. 11"110am4i.ril 7 7410 i ill i SIg i AA I i I I I p5` 73 R-P =ELIMINARY PLAT: BART F- t_A H 46 1 P. 1.O QA c pQ 999 494E N o 7esfy y 715' 99 E 777 1)Il ncnU 1II 4 BAK HOUSE m n 1H. 1/.11,01 090 A. 0 V 0.1 P 1'471 1i 01 v eF „t.'0.. tie 45'0 1 AI /1)111[ E N ti 6V5 m A Jc.u16oJ L oF'L N.111. 2% q° o 5_r 1_`,1,r.., W,,,,•oo 111ES rte•1 /Anse.. v 11[ 11 14v1 ,i....6 20 os Ill41.17.1 1____-- ______1 I Z 3n1l11] lee BAH DID- HOUSE 1\hlccc 1 m c., A nhracl o Nom.D..11 re o 111 411rc 4 v AST S O.4111,',1'I v B. 7 SS O,151115 5'55,01191cOi 155.00 589 "4 S 1.171 A. 5 ILIAel I0LINdEIE ••7.7156 v 1l711110•I L j P pE S Desk mnr 4.1 P Ito4d De I 7 0.4 s u I R vs.Dated .11i s 3"s. o 1 GARAGE 5049 r, 9r_r-4 s=3 Fr- BECKMAN HOUSK 77.7”) m N *090 EASEM 1 cn 70 17 090'00'00'4 o DOC 90. 925363 594'00'00'9 I z 164 50 590'00'00'4 192 *9 r n0 » H0AD EASEMENT DOE 465 160Iaa05 <005 V co I STREET 90'00'00" W m j I- 1 1 547 51 I 5 9'00'00" W 5;:.rn L15E 511/4 09041/4 SEC 16- T115N -R19W 2 PRELIMINARY PLAT: BAR T HE. 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