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
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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
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DELNIAR H, SCHWANZ
LANDSURVEYORS, INC
14555 SOUTH ROBERT TRAIL ROSEMOUNT MINNESOTA 55068 661-423-1769
SURVEYOR'S CERTIFICATE
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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.