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HomeMy WebLinkAbout6.m. Weierke Lot Split (Marthaler Property) and Lot Combination 05-28-LS/LCAGENDA ITEM: Case 05- 28 -LS /LC Weierke Lot Split (Marthaler Property) and Lot Combination AGENDA SECTION: Consent PREPARED BY: Rick Pearson, City Planner AGENPE'. 6 14 ATTACHMENTS: Draft Resolution, Location map, Survey reductions, 06/28/05 PC Minutes APPROVED BY: RECOMMENDED ACTION: Motion to adopt a resolution approving the lot split and recombination of land requested by Roger Weierke and Rosemary Marthaler subject to conditions 4 ROSEMOUNT City Council Meeting: July 19, 2005 CITY COUNCIL EXECUTIVE SUMMARY ISSUE Roger Weierke purchased a 1 -acre residential property on Emery Ave., approximately 3/4 of a mile south of County Road 42 in the Agriculture District. The property has a number of issues of non conforming setbacks. He has agreed to purchase property from his neighbor, Rosemary Marthaler whose property surrounds the 1 -acre lot on 3 sides The land purchased will be spht from the Marthaler property and recombined with the Weierke property and solve the setback problems. PLANNING COMMISSION PUBLIC HEARING On June 28, 2005, the Planning Commission conducted a public hearing as required. The Commissioners questioned the number of accessory structures on the property. Staff explained that the accessory structures were at the maximum allowable (2,400 sq. ft. aggregate) for the Agriculture zoning distract. With that information, the Commissioners adopted the recommended action BACKGROUND The 1 -acre Weierke property dates back at least to 1959 when the house was built according to Dakota County records. That was prior to the merger of the township and village m the early 1970's thus creating the City of Rosemont. The Minimum lot size in the Agriculture District is now 2.5 acres, with building setbacks of 50 feet for the front and 30 feet for the side and rear yards. The property had non conforming setbacks for an existing shed, the dram field and well. To make matters worse, portions of these three items were encroaching across the rear lot hne onto the neighboring Marthaler property. Mr Weierke purchased the property m 2000, then expanded an existing shed in the middle of the property and brought in 2 additional sheds. The setback problems were identified during the course of applying for building permits for the sheds. Parcel Data Existing Area Proposed Area Marthaler 76 73 acres 76.4 acres Weietke 1 acre 1.23 acres Agriculture Standards Minimum Weierke lot current Weierke lot proposed Ave.) Marthaler Property The Marthaler property consists of 76.73 acres on the east side of Emery Ave. It contains the family farmstead, approximately 1/2 mile south of County Road 42. A 2.5 -acre parcel was subdivided several years ago for Ms. Debra Marthaler. There are no structures on the Marthaler property m the vicinity of the Weierke property. Weierke Property The 1 -acre Weierke property measures 147 feet by 296 feet including half of the right -of -way width for Emery Ave. The additional land will expand the property to the north 30.2 feet, east 33 feet and south by 5 feet, The acquisition amounts to 0.23 acres. The resulting lot will still be non conforming due to its lot area, but it will no longer have non conforming setbacks for the accessory structures on the property. Accessory Structures (Sheds) 8 x 12 (north center) 12x24 (northeast corner) 12x12 (east side) Well (east side) Septic drannfield (east side) RECOMMENDATION Motion to adopt the draft resolution. Lot Area 2.5 acres 1 acre 1.23 acres Lot Width 300 feet 147.01 feet 176.01 feet Req'd Setbacks 30 feet 30 feet 30 feet N/A (zoning N/A (zoning Lot Depth *There are no zoning setback standards for wells and the septic drainfield. N/A 296.03 ft. (to center of Emery Ave.) 329.03 feet (to center of Emery Existing 8 feet (northern) 6 feet Encroaches 2.5 feet On line Encroaches 1 ft. Proposed 32.2 feet 30 2 feet 31.0 feet 31.0 feet 32.4 feet The 4 accessory structures on the property add up to 2,400 sq. ft., the maximum allowable for residential uses in the Agriculture district east of Akron Ave. Accessory structures in this part of the Agriculture District are not required to match the existing house (principal structure), as is the case in the Rural Residential District. The lot split will not create any new non conforming situations for the Marthaler property. The Marthaler family was willing to sell enough land to solve the non conforming setback problems, but not enough (1.5 acres) to solve the non conforming lot area situation. 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2005 A RESOLUTION APPROVING THE LOT SPLIT REQUEST AND APPROVING A LOT COMBINATION FOR PROPERTY LOCATED AT 15172 EMERY AVENUE EAST AND 15012 EMERY AVENUE EAST WHEREAS, the Community Development Department of the City of Rosemount received an application from Roger Weierke and Rosemary Marthaler on May 24, 2004 requesting Lot Split and Lot Combination approval for the property located at 15172 Emery Avenue East (Weierke property) and 15012 Emery Ave. (Marthaler property), legally described as: Present Rosemary Marthaler Description beforeLot Split: The North Half of the Northwest Quarter of Section 33, Township 115, Range 18, Dakota County, Minnesota EXCEPT the north 147 feet of the south 441 feet of the west 296 feet thereof and also EXCEPT the south 300 feet of the north 610 feet of the west 363 feet thereof. Containting 76.73 acres, more or less Subject to a public road easement for Emery Avenue and all other easements, if any. Present Weierke Description before Lot Combination: The north 147 feet of the south 441 feet of the west 296 feet of the North Half of the Northwest Quarter of Section 33, Township 115, Range 18, DakotaCounty, Minnesota. Containing 1 acre, more or less Subject to a public road easement for Emery Avenue and all other easements, if any WHEREAS, on June 28, 2005, the Planning Commission of the City of Rosemount held a public hearing to review the Lot Split and Lot Combination; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Lot Split and recombination of land requested by Roger Weierke and Rosemary Marthaler, legally described as follows: Proposed Rosemary Marthaler Description After Lot Split The North Half of the Northwest Quarter of Section 33, Township 115, Range 18, Dakota County, Minnesota EXCEPT the north 176 feet of the south 465 feet of the west 329 feet thereof and also EXCEPT the south 300 feet of the north of 610 feet of the vest 363 feet thereof. Containing 76.40 acres, more or less. Subject to a public road easement for Emery Avenue and all other easements, if any. Proposed Weierke Descriptonafter Lot Combination: The north 176 feet of the south 465 feet of the west 329 feet of the North I4lf of the Northwest Quarter of Section 33, Township 115, Range 18, Dakota County, Minnesota. Containing 1.33 acres, more or less Subject to a public road easement for Emery Avenue and all other easements, if any. WHEREAS, on July 19, 2005, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Lot Split and Lot Combination requested by Roger Weierke. RESOLUTION 2005 NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Lot Split and Lot Combination requested by Roger Weierke for 15172 Emery Avenue East, subject to: 1. Payment of G.I.S. fees 2. The applicant apply and receive a building permit for the 315 sq. ft. accessory structure near the northern property line. 3. Dedication and recording of drainage and utility easements as required by the City Engineer. 4, Recombination of the parcels approved by the split with the Weierke property and recording with the Dakota County office of property records. ADOPTED this nineteenth day of July, 2005 by the City Council of the City of Rosemount. ATTEST: Linda Jentink, City Clerk William H. Droste, Mayor Motion by: Second by: Voted in favor: Voted against: Member absent: 2 PROPERTY 10 NUMBER 34 -03300 -010-35 FEE OWNER ROGER WEIERKE 15172 EMERY AVENUE ROSEMOUNT MN 55068 -2354 PROPERTY ADDRESS 15172 EMERY AVE E ROSEMOUNT MN 55068 PAYABLE 2005 TAXES NET TAX SPECIAL ASSESSMENTS TOTAL TAX $A 0� PAYABLE 2005 ASMNT USAGE RESIDENTIAL 311 Dimensions rounded to nearest fool ipynght 2005 Dakota County LAND BUILDING TOTAL SCHOOL DISTRICT is drawing is nelmer a legally recorded map nor a survey and is not Intended to be used as ant u drawing is a compilation of records information and data located In venous Gty, county, and M offices and other sources, affecting the area shown, and Ia to be used for reference purposes y Dakota County Is not responsible for any inaccuracies herein contained If discrepancies are id, please contact Dakota County Survey and Land Information Department 1 Date June 14, 2005 Parcels Updated' 5/12/2005 Aerial Photography 1990 SITE MAP 2005 ESTIMATED MARKET VALUES PAYABLE 2 LOT SIZE 43 516 TOTAL 512 FT 1 00 TOTAL ACRES 196 4,851 ROAD RNJ SC FT LOCATION NW114 NW114 SECTION 33- 115 -18 PAYABLE 2006 HOMESTEAD STATUS FULL HOMESTEAD WATERSHED DISTRICT VERMILLION RIVER LAST QUALIFIED SALE DATE 7!2004 AMOUNT 2005 BUILDING INFORMATION (PAYABLE 2008) TYPE S FAM RES YEAR BUILT 1959 ARCH /STYLE ONE STORY FOUNDATION S0 FT 1092 FNISHED 50 FT 1538 BEDROOMS 4 BATHS 2 FRAME WOOD GARAGE SO FT 308 OTHER GARAGE MI50 BLDG MISC BLDG 1 cs mN ;!Ih paw LElZ F wEIEWE PROPERV PLAT NAME SECTION 33 TWN 115 RANGE 8 TAX DESCRIPTION W 298 FT OF N 147 FT OF S 441 FT OF 14 112 OF NW 114 001000 3311518 Composite brewing Survey For: Roger Neferke 896238 Sheet 1 of 3 Sheets m3 FEK -1 F i a .n 42 M m N g 81 w 0 n w a m s g n EL W y n O a X+ I z g s 3 n T m a 2 S 2 Z co at to La m to 0 DELNIAR H, SCHWANZ LANDSURVEYORS, INC 14555 SOUTH ROBERT TRAIL ROSEMOUNT MINNESOTA 55068 661-423-1769 SURVEYOR'S CERTIFICATE 6e I hereby oedey ¶IM this surrey, pten, er report was prepared by tat or under my dfrect supervision end that I am a duly Registered Land surveyor under the laws of the State of Mlnne,ola. Doled 09 -n5 11E31 1171E OF 71 tl2 07 MI 1/1 SEC 33 111e 141e i m r- 34 co z. m 34 m v o o ro N m m c M n I m I R I r I O g EMERY AVENUE S00 181 1 176 01 71 7.- •EAST LIKE OF WEST 296 FEET OF 7112 OF NM I/4 SEC 33 T115 916 NO0'37'59'A 176 Oi 8 f ed 00 rE 1 MAN 2 4 2005 By 32 z. 44 d-rs NN 11IIij j OELMAI H 1M Y/ i SCN WANZ 1 Delmar H Bchwanz Minnesota Llamas No 0625 p 9 S JE 88 t Ul r1 t EMERY s 0 E 1324.92 Fri c 310.00 w lm n' m N o- 0 0 A '0 u M V 0 1, 5I 0 E V W />L.oI L2 y eE D m a a 0 M n N h W N mr go. 300 00 321.94 LI .1 N 0 1H 0'37 M /X el AVENUE 0 0 0 2 W 511 N eo J J Excerpt from the Regular Planning Commission Meeting of June 28, 2005 Public Hearing: 5A. Case 05- 25 -LS /LC Weierke Lot Split (Marthaler Property) and Lot Combination. City Planner Pearson reviewed the staff report. Roger Weierke intends to combine additional land purchased from the Marthalers with the original one -acre to bring accessory building setbacks and the well location into conformance with the ordinance requirements. Chairperson Messner asked the Commission if they had any questions for Mr. Pearson. There were no questions for Mr. Pearson Commission Messner asked the apphcant if he would like to come forward. Mr. Weierke had no comments. Commissioner Messner opened the Public Hearing. There was no pubhc comment. Chairperson Messner questioned the number of accessory structures Mr. Pearson stated that with the existing structures on the property and the ones on the proposed plan brought in, the amount of structures is at the maximum 2,400 square feet Mr. Pearson indicated this item is set to be on the July 19, 2005 City Council Agenda. MOTION by Messner to close the Pubhc Hearing. Second by Powell. Ayes: All. Nayes: None. Motion approved. MOTION by Powell to recommend that the City Council approve the lot splits and recombination of land requested by Roger Weierke and Rosemary Marthaler subject to: 1. Payment of G.I S. fees 2. Applying for a building permit for the 315 sq. ft. accessory structure near the northern property line. 3. Recording of drainage and utility easements as required by the City Engineer. 4. Recombination of the parcels approved by the spht with the Weierke property and recording with the Dakota County office of property records Second by Humphrey. Ayes: All. Nayes: None. Motion approved. 1 1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2005 3 9 6/, m A RESOLUTION APPROVING THE LOT SPLIT REQUEST AND APPROVING A LOT COMBINATION FOR PROPERTY LOCATED AT 15172 EMERY AVENUE EAST AND 15012 EMERY AVENUE EAST 5e x6C WHEREAS, the Community Development Department of the City of Rosemount received an application from Roger Weierke and Rosemary Marthaler on May 2 2004 tequesting Lot Split and Lot Combination approval for the property located at 15172 Emery venue East (Weierke property) and 15012 Emery Ave. (Marthaler property), legally described as: Present Rosemary Marthaler Description beforeLot Split: The North Half of the Northwest Quarter of Section 33, Township 115, Range 18, Dakota County, Minnesota EXCEPT the north 147 feet of the south 441 feet of the west 296 feet thereof and also EXCEPT the south 300 feet of the north 610 feet of the west 363 feet thereof. Containting 76.73 acres, more or less. Subject to a public road easement for Emery Avenue and all other easements, if any. Present Weierke Description before Lot Combination: The north 147 feet of the south 441 feet of the west 296 feet of the North Half of the Northwest Quarter of Section 33, Township 115, Range 18, Dakota County, Minnesota Containing 1 acre, more or less. Subject to a public road easement for Emery Avenue and all other easements, if any. WHEREAS, on June 28, 2005, the Planning Commission of the City of Rosemount held a public hearing to review the Lot Split and Lot Combination; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Lot Split and recombination of land requested by Roger Weierke and Rosemary Marthaler, legally described as follows: Proposed Rosemary Marthaler Description After Lot Split The North Half of the Northwest Quarter of Sedion 33, Township 115, Range 18, Dakota County, Minnesota EXCEPT the north 176 feet of the south 465 feet of the west 329 feet thereof and also EXCEPT the south 300 feet of the north of 610 feet of the vest 363 feet thereof. Containing 76.40 acres, more or less. Subject to a public road easement for Emery Avenue and all other easements, if any. Proposed Weierke Descriptonafter Lot Combination: The north 176 feet of the south 465 feet of the west 329 feet of the North Half tithe Northwest Quarter of Section 33, Township 115, Range 18, Dakota County, Minnesota Containing 1.33 acres, more or less. Subject to a public road easement for Emery Avenue and all other easements, if any WHEREAS, on July 19, 2005, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Lot Split and Lot Combination requested by Roger Weierke.