HomeMy WebLinkAbout6.i. Lot Recombination - Thomas and Mindy WychorCITY OF ROSEMOUNT
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EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: March 16, 2004
Applicants &:
Location:
Comp. Guide Plan Desig:
Current Zoning:
Planning Commission Action:
SUMMARY
Thomas and Mindy Wychor of 3100 145 Street & Benjamin Rivera of
14575 Cameo Avenue.
Urban Residential
R -IA, Low Density Residential
Recommended approval to CC 5 -0
The applicants, Thomas and Mindy Wychor of 3100 145 Street & Benjamin Rivera of 14575 Cameo Avenue,
request a lot recombination to adjust their common property line. Currently, Mr. Rivera has an accessory
structure (detached garage) which encroaches approximately 1.6 feet into the Wychors' property. The
recombination would transfer a strip of land approximately 58.62 feet wide and 3.6 feet deep in the southeast
corner of the Wychors' property to Mr. Rivera. The result would eliminate the encroachment of Mr. Rivera's
accessory structure on the Wychors' property. However, it is important to note that Mr. Rivera' accessory
structure will remain an illegal non - compliant structure.
In 1989, the former owner of 14575 Cameo Avenue constructed an accessory building on the property without
city approval. In August of that year, the City's Building Inspector noticed this on -going project and notified the
property owner that they must contact City Hall and obtain a building permit (see attached letter). Apparently,
the owner decided to finish the accessory structure without applying for a permit.
In January of 2003, Mindy Wychor of 3100 145t Street contacted the Building Inspections Department
regarding the location of the Rivera's accessory structure. It was noted that the accessory structure at 14575
Cameo Avenue encroached onto her property. From City records, it appears that the Building Department
discussed this complaint with the Planning Department. As a result, the Planning Department informed Ms.
Wychor that the accessory structure was built without a permit and is considered an illegal non - compliant
structure by the City and that resolution of the encroachment issue was a civil matter between the two property
owners.
While there are several options for resolving this issue, given the inherent difficulties of this situation, staff
finds the recombination request the most amicable. In addition, staff finds the recombination consistent with the
standards outlined in both the Zoning and Subdivision Ordinance. Therefore, staff recommends approval of this
request, subject to the conditions outlined in the attached resolution.
AGENDA ITEM: Lot Recombination — Thomas and Mindy
Wychor of 3100145 Street & Benjamin
Rivera of 14575 Cameo Avenue.
AGENDA SECTION:
Consent
PREPARED BY: Jason Lindahl, A.I.C.P., Assistant Planner
AGEN #6
ATTACHMENTS: Site Location Map, Draft Resolution, P.C.
APPROVED BY:
Minutes from February 24, 2003, Staff Report
dated March 11, 2004, Certificate of Survey for
3100 145 Street, Letter from the City of
Rosemount Building Inspector dated August
28,19 89.
- PLANNING COMMISSION ACTION
The Planning Commission reviewed this item and held a public hearing on February 24, 2004. Both applicants
were present at the meeting to endorse the request. Mr. Wychor stated that when he purchased his property at
3100 145 St. W., he was assured by his real estate agent that the map showing the property boundaries was
incorrect and the Rivera's garage did not encroach onto his property. He added that he purchased property title
insurance, but there was an exclusion added about the property boundaries to avoid a future claim on his part.
He asked that the Commission approve this application in order to take care of this problem. No other public
comment was offered. After evaluating the information submitted by the applicant and staff's recommendation,
the commission voted 5 -0 to recommend the City Council approve this request.
RECOMMENDED ACTION: Motion to adopt a draft resolution approving the lot recombination request
from Thomas and Mindy Wychor of 3100 145 Street & Benjamin Rivera of 14575 Cameo Avenue to
transfer a strip of land approximately 58.62 feet wide and 3.6 feet deep in the southeast corner of the
Wychors' property to Mr. Rivera to eliminate the encroachment of Mr. Rivera's accessory structure on the
Wychors' property, subject to conditions.
CITY COUNCIL ACTION:
RESOLUTION 2004 -
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2004-
A RESOLUTION APPROVING THE LOT RECOMBINATION REQUEST FROM
THOMAS AND MINDY WYCHOR OF 3100 145 STREET W. AND BENJAMIN
RIVERA OF 14575 CAMEO AVENUE TO TRANSFER A STRIP OF LAND IN THE
SOUTHEAST CORNER OF THE WYCHOR'S PROPERTY TO MR. RIVERA TO
ELIMINATE THE ENCROACHMENT OF MR. RIVERA'S ACCESSORY STRUCTURE
ON THE WYCHOR'S PROPERTY
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Thomas and Mindy Wychor of 3100 145 Street W. and Benjamin Rivera of
14575 Cameo Avenue for approval of a Lot Recombination for their properties, legally described
as follows:
Parcel One (3100145"' Street W.): The west 107 feet of Lot 41, AUDITOR'S SUBDIVISION NO. 1,
ROSEMOUNT, according to the recorded map thereof, Dakota County, Minnesota.
Parcel Two (14575 Cameo Avenue) : Lot 33 and the North'' /z of Lot 34, Block 1, Rose Park Addition
to Rosemount.
WHEREAS, on February 24, 2004, the Planning Commission of the City of Rosemount held a
public hearing to review the Lot Recombination for the properties located at 3100 145 Street
and 14575 Cameo Avenue; and made the following findings:
1. The proposed Lot Recombination is consistent with the zoning and subdivision
ordinances of the City of Rosemount.
2. The proposed Lot Recombination will eliminate the encroachment of the Rivera
accessory structure (detached garage) on the Wychor's property.
WHEREAS, the Planning Commission of the City of Rosemount adopted a motion to
recommend that the City Council approve the Lot Recombination for the properties located at
3100 145 Street and 14575 Cameo Avenue based on the findings listed above, subject to
conditions; and
RESOLUTION 2004 -
WHEREAS, on March 16, 2004, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation and the Lot Recombination application and agreed with
the Planning Commission's findings;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Lot Recombination request from Thomas and Mindy Wychor of 3100 145 Street
and Benjamin Rivera of 14575 Cameo Avenue to transfer a strip of land approximately 58.62
feet wide and 3.6 feet deep in the southeast corner of the Wychor's property to Mr. Rivera to
eliminate the encroachment of Mr. Rivera's accessory structure on the Wychor's property, legally
described as follows:
Parcel One (3100 145 Street W.): The west 107 feet of Lot 41, AUDITOR'S SUBDMSION NO. 1,
ROSEMOUNT, less and except the south 3.6 feet of the east 58.6 feet of the west 107 feet of said lot,
according to the recorded map thereof, Dakota County, Minnesota.
Parcel Two (14575 Cameo Avenue) : Lot 33 and the North %2 of Lot 34, Block 1, Rose Park Addition
to Rosemount, together with south 3.6 feet of the east 58.6 feet of the west 107 feet of Lot 41,
AUDITOR'S SUBDIVISIONNO. 1, ROSEMOUNT, accordingto the recorded map thereof, Dakota
County, Minnesota.
NOW, THEREFORE, FURTHER BE IT RESOLVED, the City Council of the City of
Rosemount hereby approves the Lot Recombination request from Thomas and Mindy Wychor of
3100 145 Street and Benjamin Rivera of 14575 Cameo Avenue to transfer a strip of land in the
southeast corner of the Wychor's property to Mr. Rivera to eliminate the encroachment of Mr.
Rivera's accessory structure on the Wychor's property, subject to the following conditions:
1. The Rivera accessory structure is considered an illegal structure because it was
constructed without City approval and fails to meet the setback standards for the R- I A
District. Approval of this application will eliminate the encroachment of Mr. Rivera's
accessory structure on the Wychor property but will not bring Mr. Rivera's accessory
structure into legal or conforming status.
2. Approval of this application does not approve or legitimize any existing non - conforming
conditions on either the Wychor or Rivera properties. Each property will be required to
conform with the existing standards for properties in the R -1A District at such time as
improvements are made.
RESOLUTION 2004 -
ADOPTED this 16t day of March, 2004 by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
PROPERTY ID NUMBER: 34- 64700- 340 -01
FEE OWNER: BENJAMIN RIVERA
14575 CAMEO AVE
ROSEMOUNT MN 55068.4443
PROPERTY ADDRESS: 14575 CAMEO AVE
ROSEMOUNT MN 55068
PAYABLE 2003 TAXES
NET TAX:
SPECIAL ASSESSMENTS: 0.00
TOTAL TAX & SA:
PAYABLE 2004 ASMNT USAGE:RESIDENTIAL
NOT - tensions rounded to nearest foot
Z;opyr,v- 2004, Dakota County -
SITE MAP
2003 ESTIMATED MARKET VALUES (PAYABLE 2004)
2003 BUILDING INFORMATION (PAYABLE 2004):
LAND: LOT SIZE (EXCLUDES
TYPE
S.FAM.RES
BUILDING: ROAD EASEMENTS)
YEAR BUILT
1964
TOTAL:
ARCH /STYLE
ONE STORY
10,573 SO FT
FOUNDATION SO FT 988
SCHOOL DISTRICT: 196 0.24 ACRES
FINISHED SO FT
1768
i
i
.
BEDROOMS
2
LOCATION: NE1 /4 SW1 /4 SECTION 29. 115.19
BATHS
1.75
FRAME
WOOD
PAYABLE 2004 HOMESTEAD STATUS: FULL HOMESTEAD
GARAGE SO FT
364
OTHER GARAGE
WATERSHED DISTRICT: VERMILLION RIVER
MISC BLDG
LAST QUALIFIED SALE:
DATE: 7/2003 AMOUNT: 192,000
rhis drawing is neither a legally recorded map nor a survey and is not intended to be used as one.
rhis drawing is a compilation of records, information and data located in various city, county, and
;tale offices and other sources, affecting the area shown, and is to be used for reference purposes
mly. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are
ound, please contact Dakota County Survey and Land Information Department.
PLAT NAME: ROSE PARK ADDITION
TAX DESCRIPTION: ALL OF LOT 33 BLK 1 & N 112
OF
34 1
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Aap Date: February 5, 2004 Parcels Updated: 1 /29/2004 Aerial Photography: 1990
_ . .. _._ _..... ...... .- - - - .... ........... _ _ .. .... ..... '_ .......
1 T4-1 ST. W
Planning Commission Meeting 2 -24 -04 Approved Minutes Excerpt
Public Hearing: Wychor /Rivera Lot Split and Recombination
Assistant City Planner Lindahl reviewed the application from Thomas and Mindy
Wychor of 3100 145 Street and Benjamin Rivera of 14575 Cameo Ave., requesting a lot
recombination to adjust their common property line. Currently, Mr. Rivera has an
accessory structure (detached garage) which encroaches approximately 1.6 feet into the
Wychors' property. The recombination would transfer a strip of land approximately
58.62 feet wide and 3.6 feet deep in the southeast corner of the Wychors' property to Mr.
Rivera. The result would eliminate the encroachment of Mr. Rivera's accessory structure
on the Wychors' property. However, it is important to note that Mr. Rivera' accessory
structure will remain an illegal non - compliant structure.
In 1989, the former owner of 14575 Cameo Avenue constructed an accessory building on
the property without city approval. In August of that year, the City's Building Inspector
noticed this on -going project and notified the property owner that they must contact City
Hall and obtain a building permit (see attached letter). Apparently, the owner decided to
finish the accessory structure without applying for a permit.
In January of 2003; Mindy Wychor of 3100 145 Street contacted the Building
Inspections Department regarding the location of the Rivera's accessory structure. It was
noted that the accessory structure at 14575 Cameo Avenue encroached onto her property.
From City records, it appears that the Building Department discussed this complaint with
the Planning Department. As a result, the Planning Department informed Ms. Wychor
that the accessory structure was built without a permit and is considered an illegal non-
compliant structure by the City and that resolution of the encroachment issue was a civil
matter between the two property owners.
While there are several options for resolving this issue, given the inherent difficulties of
this situation, staff finds the recombination request the most amicable. In addition, staff
finds the recombination consistent with the standards outlined in both the Zoning and
Subdivision Ordinance. Therefore, staff recommends approval of this request, subject to
the conditions outlined below.
It was noted that the driveway on Rivera's property may represent another encroachment
on his other neighbor. That would be a separate issue, not addressed with this application.
There were no questions or comments from the Commissioners. Chairperson Weisensel
asked for comments from the applicants.
Thomas Wychor of 3100 145 Street was present to give background about the
application. He stated that just for the Commission's information, he was aware that the
other neighbor did sell an easement years ago to address the driveway encroachment
issue.
He also stated that when he purchased his property at 3100 145' St. W., he was assured
that the map showing the property boundaries was incorrect. He purchased property title
insurance, but there was an exclusion added about the property boundaries to avoid a
future claim on his part. He asked that the Commission approve this application in order
to take care of this problem.
The Commission asked Staff to clarify if this is an easement issue or a land transfer.
Assistant City Planner Lindahl answered that it is a land transfer, not an easement.
Chairperson Weisensel opened the public hearing.
Chairperson Weisensel asked for public comments. There were no public comments.
MOTION by Weisensel to close the public hearing. Second by Anderson. Ayes:
Weisensel, Messner, Zurn, Anderson, and Napper. Nays: None. Motion carried.
MOTION by Messner to recommend the City Council approve the lot recombination
request from Thomas and Mindy Wychor of 3100 145t Street & Benjamin Rivera of
14575 Cameo Avenue to transfer a strip of land approximately 58.62 feet wide and 3.6
feet deep in the southeast corner of the Wychors' property to Mr. Rivera to eliminate the
encroachment of Mr. Rivera's accessory structure on the Wychors' property, subject to
the following conditions.
1. The Rivera accessory structure is considered an illegal structure because it
was constructed without City approval and fails to meet the setback
standards for the R- I A District. Approval of this application will
eliminate the encroachment of Mr. Rivera's accessory structure on the
Wychor property but will not bring Mr. Rivera's accessory structure into
legal or conforming status.
2. Approval of this application does not approve or legitimize any existing
non- conforming conditions on either the Wychor or Rivera properties.
Each property will be required to conform with the existing standards for
properties in the R- I A District at such time as improvements are made.
Second by Zum. Ayes: Messner, Zurn, Anderson, Napper, and Weisensel. Nays:
None. Motion carried.
MEMORANDUM
TO: Mayor Droste & Rosemount City Council
Jamie Verbrugge, City Administrator
Kim Lindquist, Community Development Director
FROM: Jason Lindahl, A.I.C.P., Assistant City Planner
DATE: March 11, 2004
RE: Lot Recombination - Thomas and Mindy Wychor of 3100 145
Street & Benjamin Rivera of 14575 Cameo Avenue.
PROPOSAL
The applicants, Thomas and Mindy Wychor of 3100 145 Street & Benjamin Rivera of
14575 Cameo Avenue, request a lot recombination to adjust their common property line.
Currently, Mr. Rivera has an accessory structure (detached garage) which encroaches
approximately 1.6 feet into the Wychors' property. The recombination would transfer a
strip of land approximately 58.62 feet wide and 3.6 feet deep in the southeast corner of
the Wychors' property to Mr. Rivera. The result would eliminate the encroachment of
Mr. Rivera's accessory structure on the Wychors' property. However, it is important to
note that Mr. Rivera' accessory structure will still be considered an illegal non - complaint
structure.
BACKGROUND
In 1989, the former owner of 14575 Cameo Avenue constructed an accessory building on
the property without city approval. In August of that year, the City's Building Inspector
noticed this on -going project and notified the property owner that they must contact City
Hall and obtain a building permit. Apparently, the owner decided to finish the accessory
structure without applying for a permit.
In January of 2003, Mindy Wychor of 3100 145 Street contacted the Building
Inspections Department regarding the location of the Rivera accessory structure. It was
noted that the accessory structure at 14575 Cameo Avenue encroached onto her property.
From City records, it appears that the Building Department discussed this complaint with
the Planning Department. As a result, the Planning Department informed Ms. Wychor
that the accessory structure was built without a permit and considered an illegal non-
1
compliant structure by the City and that resolution of the encroachment issue was a civil
matter between the two property owners.
The applicants have several options for resolving this issue. First, Mr. Rivera could
relocate or remove the existing illegal and non - compliant accessory structure. While this
may seem the most reasonable solution, it represents a significant burden for Mr. Rivera
who is several times removed from the owner responsible for constructing the illegal and
non- compliant accessory structure. In addition, according to the City Attorney, this
situation has existed long enough that Mr. Rivera may have a legal interest in the
property. A second option, and the one the applicants have agreed on, would be to adjust
their common property line. Under this option the Wychors would sell a strip of land
approximately 58.62 feet wide and 3.6 feet deep in the southeast corner of their property
to Mr. Rivera. This land transfer would eliminate the encroachment of Mr. Rivera's
accessory structure on the Wychors' property. However, Mr. Rivera's accessory
structure will remain an illegal non - compliant structure because it fails to meet the
required 5 -foot side yard setback for accessory structures in the R -1 A District and was
constructed without receiving a building permit. Given the inherent difficulties with this
situation, staff finds the recombination request the most amicable solution. In addition,
staff finds the recombination consistent with the standards outlined in both the Zoning
and Subdivision Ordinance.
ISSUE ANALSIS
Lot Recombination. Under Section 6.2 of the Subdivision Ordinance, an owner of a lot
of record may add land to an abutting lot of record, creating to two buildable lots as long
as the resulting lots conform with the Subdivision and Zoning Ordinances.
Land Use & Zoning. The subject properties are guided UR, Urban Residential and
zoned R -lA, Low Density Residential. Both properties contain single family residential
uses which are consistent with the permitted uses in these districts.
Lots. This recombination application would transfer a strip of land approximately 58.62
feet wide and 3.6 feet deep in the southeast corner of the Wychors' property to the Rivera
property. This recombination is subject to the performance standards found in the R -lA
Districts. The lot performance standards for the R -lA District are listed in the table
below.
R -lA, Low Density Residential Lot Standards
Lot Size (s q. ft.)
Lot Width
ft.
Lot Depth
(ft.
Lot
Proposed
Required
Proposed
Required
Proposed
Required
Status
Wychor
15,836
10,000
107
80
146
125
Conforming
Rivera
10,784
10,000
71*
80
150
125
Non - Conforming
*Pre- existing non- conformity.
2
Given these standards and the proposed lot recombination, staff finds that the Wychor
property is in conformance with these standards while the Rivera property is non-
conforming with regard to lot width. While this application will add 3.6 feet of width to
the rear area of the Rivera property, the Zoning Ordinance defines lot width as the
distance measured along the front yard setback line. As a result, this application will not
affect the width of the Rivera property which will remain a legal non - conforming issue.
Access. While staff finds that both properties do not conform to current access and
setback standards, this application will not change access to either property. Therefore,
the access to each property remains non - conforming until such time as the owners wish to
improve the property. Currently, the Wychor property has access through a driveway
from 145 Street which is less than 5 feet from the adjacent property line. By
comparison, the Rivera property has access through a driveway from Cameo Avenue.
However, it appears from Dakota County parcel information that the Rivera driveway
encroaches onto the adjacent property at 3090 145 Street West. According to the
applicants, Mr. Rivera has an access easement for the driveway.
CONCLUSION AND RECOMMENDATION
Staff recommends approval of the lot recombination request to adjust the shared property
line between the Wychor and Rivera properties to eliminate the encroachment of Mr.
Rivera's accessory structure on the Wychors' property. This recommendation is based
on the information provided by the applicants, the findings made in this report and is
subject to the conditions listed below.
Currently, Mr. Rivera's accessory structure encroaches approximately 1.6 feet into the
Wychors' property. The applicants proposed to eliminate this encroachment by
transferring a strip of land approximately 58.62 feet wide and 3.6 feet deep in the
southeast corner of the Wychors' property to Mr. Rivera. While this recombination is
generally consistent with the lot dimension performance standards for properties in the R-
lA District and will eliminate the encroachment of Mr. Rivera's accessory structure on
the Wychor property, it will not bring Mr. Rivera's accessory structure into legal or
conforming status. In addition, this application does not affect any other existing non -
conforming issues on either site such as lot width or driveway setbacks.
Motion to adopt a resolution approving the lot recombination request from Thomas and
Mindy Wychor of 3100 145 Street & Benjamin Rivera of 14575 Cameo Avenue to
transfer a strip of land approximately 58.62 feet wide and 3.6 feet deep in the southeast
corner of the Wychors' property to Mr. Rivera to eliminate the encroachment of Mr.
Rivera's accessory structure on the Wychors' property, subject to the following
conditions.
1. The Rivera accessory structure is considered an illegal structure because it was
constructed without City approval and fails to meet the setback standards for the
R -lA District. Approval of this application will eliminate the encroachment of
N
Mr. Rivera's accessory structure on the Wychor property but will not bring Mr.
Rivera's accessory structure into legal or conforming status.
2. Approval of this application does not approve or legitimize any existing non -
conforming conditions on either the Wychor or Rivera properties. Each property
will be required to conform with the existing standards for properties in the R -lA
District at such time as improvements are made.
4
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Present Desk:rIpticn c
The t 107 feet of Lot 41, AUDITCRIS SUBDIVISICN N0. 1, AUNT,
to the recorded nap thereof, Dakota County, Miruwavta.
Prcposed Descriptio To Cover Garage And Driveway BCroacbment:
The south 3.6 feet of the east 58.6 feet o:E the west 107 feet of
Lot 41, AUDITC R I S SUBDIVISICN N0. 1, Ate,, the
recorded reap thereof, Dakota C oLmty, l bresot-.a. =rdng
I JAN 2 0 2Q -04
I hereby certify that this survey. plan or report was �.
prepared by me or under my direct supervision and
rat 1 am a duly Registered Land Surveyor under "a H. _
1e laws of the Slate of Minnesota. ! / I
s �C ►�; ; ,r ;,
Oated N nxsninT 79, 7Of17 +;, ^ �c' oaitrsr n. Scnwsra / {1
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P 0 BOX 510
2875' 145TH ST, W
ROSEMOUNT. MINNESOTA 55068
612-423-4411
August 28, 1989
Mr. Stoffel
14575 Cameo Ave
Rosemount, Mn 55068
Dear Mr. Stoffel;
It has come to the attention of the Building Department of the
City of Rosemount that there is an ongoing construction project
on your premise requiring a building permit.
Please be advised to contact the Building Department within five
(5) rorking days prior to further construction on the project as
there are specific State and local codes regulating materials and
design that you should be aware of.
Should you have any questions or comments concerning this matter,
you may address them at that time.
Thank you for your cooperation.
Sincerely,
Paul Heimkes
Building Inspector
PH /ms