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HomeMy WebLinkAbout6.i. Lot Recombination - Thomas and Mindy WychorCITY OF ROSEMOUNT Y .. 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 I I I i I I L_.. f O r i i i i i . I i I N 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 SCALE: i DCH = G FEE 7 I 145TH STREET WEST - cGLNI) IRON PIPE HONUMEIIT - - 105.45 MEAS. S89 - 5 S89' _ i •' 0.88 '� 3 107 DEED -_ i J 1 O 1..1..1 Uj W Z Ln W z .-� 0 0 � 4 l a W 4G a ." o '. C O v o to � o C/) J.- o 1986 SURVEY Q f J o ti to A w ` O En 1 , a L!J U PROPOSED I LU Lo 3 I EASEMENT � 1 -- 58.62 -- 1 \ 4 f GARAGE- 58.62 co�c. , _ 58 N89'57 32 14.88 MEAS. -- 91.09 MEAS. N89'47 S87 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 wnnaosme Rl^e+i..fe!l.:,n f.Jn 88 :5 1 `•/ JLose rn eilyof .ounZ 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