HomeMy WebLinkAbout6.o. Michael & Elisabeth Sullivan Lot Split & Combination for Rural Residential UseCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: June 20, 2000
AGENDA ITEM: Michael & Elisabeth Sullivan: Lot split &
AGENDA SECTION:
Combination for Rural Residential Use
Consent -
PREPARED BY: Rick Pearson, City Planner
AGENDA 6
ATTACHMENTS: Draft Resolution, Map excerpt reductions;
APPROVED BY:
Minutes (PC 4- 11 -00; 11- 23 -99); Zoning
Ordinance Section 4.2 excerpt; Exhibits
Applicant: Michael & Elisabeth Sullivan
Property Owners: Michael & Elisabeth Sullivan; Paula & Tim Vraa; Paul &Elaine Bliss
Location: 1,650 ft. North of McAndrews Road, 400 ft. East of Danbury Way.
Area in Acres: 5 (Sullivan); 5 (Vraa); 8 (Bliss)
Number of Lots: 3
Overall Density: One unit per five acres`
Comp. Guide Plan Desig: Rural Residential
Current Zoning: Agriculture
Request: Lot splits and combinations to create access parcels for Sullivan property to solve
"landlocked" concern; and grant variance to lot frontage requirements.
Planning Comm. Action: Variance to lot frontage standards granted, recommendation of approval for the lot
split/combinations
SUMMARY
The Sullivans have requested approval of a series of lot splits and combinations for access to an existing five
acre parcel that is currently landlocked with no frontage on a public street or right -of -way. According to Mr.
Sullivan, the parcel was created in the `60s, prior to the 1972 merger of the Township & Village into the City of
Rosemount. The adjacent property owners (Vraa and Bliss) will each convey an overlapping strip of land the
Sullivan for combination. The Sullivan will then trade a corresponding strip to the Bliss'. As a result, the
Sullivan parcel would no longer be landlocked, instead it would be a "Flag lot ". Staff believes that this is the
best solution possible given the various parties' concerns. The advantage to the applicant and the neighbors is
that the previous staff recommendation for an easement that would support a future street is eliminated.
On April 11, 2000, the Planning Commission granted a variance to lot frontage standards, which set the stage
for the lot split/ combinations. The series of driveway strips are generally 20 feet wide, except the overlap area
where the combined width is 40 feet. The intervening time was needed by the surveyor to prepare the rather
complex legal descriptions. The applicants agreed to waive the 60 day law.
The lot frontage variance is consistent with other variances to solve problems with existing lots of record,
particularly in the rural areas.
RECOMMENDED ACTION:
Motion to adopt a resolution approving the lot split and combination for Michael & Elizabeth Sullivan,
Timothy & Paula Vraa, Paul & Elaine Bliss
CITY COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2000-
A RESOLUTION APPROVING
THE LOT SPLIT AND LOT COMBINATION
FOR MICHAEL & ELIZABETH SULLIVAN,
TIMOTHY & PAULA VRAA, PAUL & ELAINE BLISS ;
WHEREAS, the Planning Department of the City of Rosemount received an application to split
the following described parcels of land:
Sullivan Parcel: A tract of land in the East Half of Government Lot 2, Section 7 and in the East Half of
the Northwest Quarter of Section 18, all in Township 115 North, Range 19 West, Dakota County,
Minnesota, described as follows:
From a point on the North line of said Lot 2 of Section 7 distance 80 rods West of the Northeast corner
thereof; thence South to the Northwest corner of the East Half of the Northwest Quarter of Section 18;
thence continuing South along the West line of the said East Half of the Northwest Quarter a distance of
1089 feet South of the North line of said Government Lot 2; thence East and parallel with said North line
of Government Lot 2 a distance of 400 feet to a point which is the actual point of beginning of the
premises herein described;' thence continuing East parallel with the North line of Government Lot 2 a
further distance of 400 feet; thence North parallel with the West line of said East Half of the Northwest
Quarter a distance of 544.5 feet; thence West and parallel with the South line of the herein described
premises a distance of 400 feet; thence South to the point of beginning. Subject to restrictions,
reservations and easements, if any.
Vraa Parcel: A tract of land in the East Half of Government Lot 2, Section 7 and in the East Half of the
Northwest Quarter of Section 18, all in Township 115 North, Range 19 West, Dakota County,
Minnesota, described as follows:
From a point on the North line of said Lot 2 of Section 7 a distance 80 rods West of the Northeast corner
thereof; thence South to the Northwest corner of the East Half of the Northwest Quarter of Section 18;
thence continuing South along the West line of the East Half of the Northwest Quarter a distance of
544.5 feet South of the North line of said Government Lot 2 which point is the actual point of beginning
of the premises herein described; thence continuing South along the said West line of the East Half of the
Northwest Quarter a further distance of 544.5 feet; thence East and parallel to the North line of said
Government Lot 2 a distance of 400 feet; thence North parallel to the West line of the said East Half of
the Northwest Quarter a distance of 544.5 feet; thence West to the point of beginning.
Bliss Parcel: The West 800 feet of the East Half of the Northwest Quarter of Section 18, and Lot 2,
Section 7, Township 115 North, Range 19 West, except the South 972 feet thereof and except that part of
said Lot 2, Section 7, and that part of the East Half of the Northwest Quarter of said Section 18, lying
North of a line drawn parallel with and 1089 feet South of the North line of said Lot 2, Section 7,
EXCEPTING THEREFROM, the South 300 feet of the West 727 feet thereof, according to the United
States Government Survey thereof and situate in Dakota County, Minnesota,
Applicants further request to combine portions of the Vraa and Bliss parcels with the Sullivan
parcel and a portion of the Sullivan parcel with the Bliss parcel.
Resolution 2000-
WHEREAS, the Planning Commission of the City of Rosemount conducted a public hearing on
April 11, 2000, for the purpose of receiving testimony regarding the requested lot splits and
combinations; and,
WHEREAS, the Planning Commission adopted a motion to recommend approval of the lot
splits and combinations; and,
WHEREAS, on June 20, 2000, the City Council of the City of Rosemount reviewed the
recommendation forwarded by the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the lot splits and combinations, resulting in the following legal descriptions:
New Sullivan Description
A tract of land in the E Y2 of Government Lot 2, Section 7, and in the E Y2 of the NW Y4 of Section 18, all
in Township 115 North, Range 19 West, Dakota County, Minnesota, described as follows:
From a point on the North line of said Lot 2 of Section 7 distance 80 rods West of the Northeast comer
thereof; thence South to the Northwest corner of the E Yz of the NW Y4 of Section 18; thence continuing
South along the West line of said E Yz of the NW 1 /4a distance of 1089 feet South of the North line of
said Government Lot 2; thence East and parallel with said North line of Government Lot 2 a distance of
400 feet to a point which is the actual point of beginning of the premises herein described; thence
continuing East parallel with the North line of Government Lot 2 a further distance of 400 feet; thence
North parallel with the West line of said E Y2 of the NW Y4 a distance of 544.5 feet; thence West and
parallel with the South line of the herein described premises a distance of 400 feet; thence South to the
point of beginning; EXCEPT the south 20 feet of the east 204.20 feet thereof.
Together with commencing at a point on the west line of said E' /2 of the NW Y4 distant 1089 feet south
of, as measured at right angles to, the north line of the E Yz of Government Lot 2, Section 7, Township
115, Range 19; thence east parallel with said north line 185.86 feet to the point of beginning of the land
to be described; thence continuing east, parallel with said north line, 214.14; thence north, parallel with
said west line, 20 feet; thence west, parallel with said north line, 194.26 feet; thence southwesterly 28.28
feet to the point of beginning.
Also together with beginning at a point on the west line of said E Y2 of the NW %4 distant 1089 feet south
of, as measured at right angles to, the north .line of the E Yz of Government Lot 2, Section 7, Township
115, Range 19; thence east parallel with said north line 214.14 feet; thence
deflect 225 degrees right 28.28 feet; thence west parallel with said north line 194.29 feet to said west
line; thence north along said west line 20 feet to the point of beginning.
New Vraa Description:
A tract of land in the E YZ of Government Lot 2, Section 7 and in the E Y2 of the NW '/4 of Section 18, all
in Township 115 North, Range 19 West, Dakota County, Minnesota, described as follows:
From a point on the North line of said Lot 2 of Section 7 distance 80 rods West of the Northeast comer
thereof; thence South to the Northwest corner of the East Y2 of the NW Y4 of Section 18; thence
continuing South along the West line of the East Y2 of the NW '/4 a distance of 544.5 feet South of the
North line of said Government Lot 2 which point is the actual point of beginning of the premises herein
Resolution 2000
described; thence continuing South along the said West line of the E %2 of the NW '/4 a further distance of
544.5 feet; thence East and parallel to the North line of said Government Lot 2 a distance of 400 feet;
thence North parallel to the West line of the said E % of the NW '/4 a distance of 544.5 feet; thence West
to the point of beginning; EXCEPT commencing at a point on the west line of said E %2 of the NW '/4
distant 1089 feet south of, as measured at right angles to, the north line of the E %2 of Government Lot 2,
Section 7, Township 115, Range 19; thence east parallel with said north line 185.86 feet to the point of
beginning of the land to be described; thence continuing east, parallel with said north line, 214.14; thence
north, parallel with said west line, 20 feet; thence west, parallel with said north line, 194.26 feet; thence
southwesterly 28.28 feet to the point of beginning.
New Bliss Description:
The West 800 feet of the E %Z of the NW %4 of Section 18, and Lot 2, Section 7, Township 115 North,
Range 19 West, except the South 972 feet thereof and except that part of said Lot 2, Section 7, and that
part of the East %z of the NW '/4 of said Section 18, lying North of a line drawn parallel with and 1089
feet South of the North line of said Lot 2, Section 7, EXCEPTING THEREFROM, the South 300 feet of
the West 727 feet thereof, according to the United States Government Survey thereof and situate in
Dakota County, Minnesota; and also EXCEPT beginning at a point on the west line of said E %z of the
NW '' /4 distant 1089 feet south of, as measured at right angles to, the north line of the E %Z of
Government Lot 2, Section 7, Township 115, Range 19; thence east parallel with said north line 214.14
feet; thence deflect 225 degrees right 28.28 feet; thence west parallel with said north line 194.29 feet to
said west line; thence north along said west line 20 feet to the point of beginning.
Together with the south 20 feet of the east 204.20 feet of the following described tract of land: A track
of land in the E %Z of Government Lot 2, Section 7 and in the E %2 of the NW %4 of Section 18, all in
Township 115 North, Range 19 West, Dakota County, Minnesota, described as follows: From a point on
the North line of said Lot 2 of Section 7 distance 80 rods West of the Northeast corner thereof, thence
South to the Northwest corner of the E %z of the NW '/4 of Section 18; thence continuing South along the
West line of the said E % of the NW' /4 a distance of 1089 feet South of the North line of said
Government Lot 2; thence East and parallel with said North line of Government Lot 2 a distance of 400
feet to a point which is the actual point of beginning of the premises herein described; thence continuing
East parallel with the North line of Government Lot 2 a further distance of 400 feet; thence North
parallel with the West line of said E % of the NW ' / 4 a distance of 544.5 feet; thence West and parallel
with the South line of the herein described premises a distance of 400 feet; thence South to the point of
beginning.
ADOPTED this 20 day of June, 2000, by the City Council of the City of Rosemount.
Cathy Busho, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
SITE MAP
PROPERTY 11) NUMBER 34- 71150.029-02 2000 ESTIMATED MARKET VALUES (PAYABLE 2001) 2000 BUILDING INFORMATION (PAYABLE 2001):
CONTRACT PURCHASER; LAND: 89.500 LOTS _ _(EXCLUDES NO DATA AVAILABLE
GOOW W b SWARNA PERIS BUILDING ROAD EASEMENTS)
320 31ST ST E TOTAL: 89.500
HASTINGS MN 550333956 44.758 SO FT
SCHOOL DISTRICT: 196 1.03 ACRES
2 AYABLE 1999 TAXES (DELINQUENT TAXES IN PAST YEARS) LOCATION: NW114 NW114 SECTION 32- 115 -19
SPECIAL ASSESSMENTS: WA PAYABLE 2001 HOMESTEAD STATUS: NON HOMESTEAD
rOTAL TAX & SA: WA
"AYABt E 2001 ASMNT USAGE:CCiMMERCWI PREFERRED WATERSHED DISTRICT: VERMILLION RIVER
LAST QUALIFIED SALE
DATE AMOUNT:
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Planning Commission
Regular Meeting Minutes
April 11, 2000
Page 5
C 'ssioner Weisensel indicated his preference for the northeast corner location. The
site &4 to the house would require the removal of trees. He felt that there are sufficient
extraor circumstances to warrant the variance requested by Mr. Jo on.
Commissioner Sh 'Corrigan felt the variance in then orner is too severe and
would not support it.
MOTION by Shoe - Corrigan to y the v ' request on the basis that ordinance
consistent alternatives are available. co ed by Droste. Ayes: Droste and Shoe-
Corrigan. Nays: Weisensel and Ten ' Motion failed.
Commissioner Tentinger' ed whether the app i ant would consider alternate
locations, which may uire a lesser variance. Mr. Jo on explained the rationale for
the northeast co
MOTIO y Tentinger to deny the variance request on the base t ordinance
cone ent alternatives are available. Seconded by Shoe- Corrigan. es: Shoe-
7 rrigan, Tentinger, and Droste. Nays: Weisensel. Motion passed.
Public Hearing: Sullivan Variance & Lot Split/Combination
Chairperson Droste opened the public hearing on the application by Michael and
Elizabeth Sullivan for a variance to lot frontage requirements and associated lot splits and
combinations. The recording secretary has placed the Affidavit of Publication, Affidavit
of Mailing and Posting of a Public Hearing Notice on file with the City.
Michael Sullivan indicated he has gained ownership of strips of land from adjoining
property owners for driveway access and to resolve the issue of a landlocked parcel. Mr.
Sullivan traded a corresponding strip of land to the Bliss family.
Mr. Pearson explained the actions necessary to accomplish the lot split/combination and
the need for a variance to lot frontage standards.
Chairperson Droste opened the public hearing. There were no comments.
MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes
Weisensel, Tentinger, Droste, and Shoe - Corrigan. Nays: 0. Motion carried.
MOTION by Shoe - Corrigan to grant the variance to lot frontage standards for the
Sullivan property. Seconded by Tentinger. Ayes: Tentinger, Droste, Shoe- Corrigan,
and Weisensel. Nays: 0. Motion carried.
Chairperson Droste closed the Board of Appeals & Adjustments and reconvened the
regular Planning Commission meeting. _
Planning Commission
Regular Meeting Minutes
April 11, 2000
Page 6
MOTION by Shoe-Corrigan to recommend that the City Council approve the series of
lot splits and combinations to create access for the Sullivan property in cooperation with
the Bliss and Vraa families. Seconded by Weisensel. Ayes: Droste, Shoe - Corrigan,
Weisensel, and Tentinger. Nays: 0. Motioncarried.
ublic Hearin Rosemount Auto/Business Center Concept PUD
Zonin Text Amendment
Ch ' erson Droste opened the public hearing on the `application by Keith Gill r a
Conc t PUD and Zoning Text Amendment concerning a building for comm ial and
office . The recording secretary has placed the Affidavit of Publicatio , Affidavit of
Mailing d Posting of a Public Hearing Notice on file with the City.
Mr. Pearson esented the application by Keith Gill for a Concept P concerning a
3,558 sq.ft. bui " g for commercial and office uses located on C ousel Way, between
the Vermillion S Bank and Matthew Daniels. The building ' accommodate five
separate office suite automobile detailing, and automobile s es. Due to the multiple
uses, a PUD is requir Mr. Pearson reviewed the site pl and addressed issues related
to parking and greenspac Because the zoning ordinanc currently does not allow
continuous outdoor storage, zoning text amendment i ecessary for the display of
automobiles. Mr. Pearson r ested additional Ian ge to the PUD conditions
addressing the display of merch dise.
Chairperson Droste entered of recur letter, d ed April 11, 2000, from Dr. Glenn L.
Detlefsen addressing the issue of the o oor splay of merchandise.
Commissioners confirmed that automob' es is a permitted use in the C -4 zoning
district and obtained further clarificatio of zoning regulations.
The partners of Rosemount Auto a present at a meeting and described their
business. A maximum of 20 c would be on disp and would be parked along the
northerly property line. S g would be done as mmended by the city. There
would not be any semi delivering the automobile
Chairperson Droste op ed the public hearing. There were comments:
MOTION by Dro to close the public hearing. Seconded by Linger. Ayes: Shoe-
Corrigan, Weise eI, Tentinger, and Droste. Nays: 0. Motion cam
Commission discussed concerns in addressing zoning text amendmen because of
prior city c cil direction. Commissioner Tentinger expressed his sup or this
business d hoped the inconsistency in the zoning ordinance could be resoly
MO N by Droste to recommend that the City Council approve the concept P
sub* t to: 1) elimination of all deficiencies or variances to C-4 and general zoning
standards; 2) incorporation of all comments and recommendations from the Engineering
DRAF7
Planning Commission -
Regular Meeting Minutes November 23, 1999
Puns t to due call and notice thereof, the Regular Meeting of the PI g Commission
was d held on Tuesday, November 23,1999. Chairperson Bill oste called the
meeting to rder at 6:55 p.m. with members Jay Tentinger an effery Weisensel present.
Commission Kim Shoe - Corrigan was absent. Also in endance was City Planner
Rick Pearson.
There were no addition or corrections to the a da.
MOTION by Weisensel to a ove the vember 9, 1999 Regular Planning
Commission Meeting Minutes. co ed by Tentinger. Ayes: Tentinger, Droste, and
Weisensel. Nays: 0. Motion c '
Department Annou ements
Commissioners no the actions taken by the Ci Council on November 16, 1999 and
discussed revis' to the Comprehensive Plan.
MOTI by Droste to recess the meeting. Motion Carrie animously.
erson Droste opened the Board of Appeals & Adjustments.
Public Hearing: Sullivan Variance (Continued from 11 -9 -99)
Mr. Pearson indicated the Sullivan, through their attorney Bruce Malkerson, requested
the public hearing on their variance request be continued to December 14. The applicant
has waived the 60 -day approval/denial requirement:
MOTION by Droste to continue the public hearing to December 14, 1999. Seconded by
Weisensel. Ayes: Droste, Weisensel, and Tentinger. Nays: 0. Motion carried.
Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the
Planning Commission hearing.
Pub He Hearin Shafer Contr ance Johnson Mineral
a 't
Chairperson Dr pen 'c hearing on the application by Shafer Contracting
for r of a Mineral Extraction Per recording secretary has placed the
JE icc_ _. l
4 GENERAL PROVISIONS: These provisions apply to all
districts. -
4.1: SCOPE AND UjtERrpBTATION:
or part, thereof, shall be erected, converted, enlarged,
reconstructed, altered or moved and no structure or land shall be used for
A. Scope: No structure,
any purpose or in any manner which is not in conformity witli the
provisions of this Ordinance -
B. Interpretation: In their interpretation and application, the provisions of this
Ordinance shall be held to be the minimum requirements for th
promotion of the public health, safety, morals and general welfare. (Ord-
B, 9- 15 -89)
C Abrogation and Greater Restrictions= It is not intended bv Ordind d
to repeal, obrogate, or impair any existing easements, covenants,
restrictions. However, where this Ordinance imposes greater restrictions,
the provisions of this Ordinance shall prevail. All other ordinances .
inconsistent with this Ordnance are hereby repealed to the extent of the
inconsistency' only. (Ord. B-25,2-2-93)
42: LOT PROVISIONS:
A. Lots of Record:
1. No lot of record shall be reduced in size below the district requirements
of this Ordinance.
2. A lot of record shall be deemed a buildable lot even though pro lot as
and/or dimensions are less than those required for the distn p
follows:
a. It fronts on a public street. '
b.. Tyiumum requirements for private or public utility service are
met.
C. Evidence must be presented that the lot in q uestion met
rninimum requirements for the division of property under
ordinance regulations in effect at the time of the division of
Property
City of Rosemount
page 26
FINDINGS
The Board of Appeals and Adjustments and the City Council, upon appeal, must find as follows
in the granting of a variance from this ordinance:
1. Granting a variance will not adversely affect the public health, welfare and safety acrd will
not be detrimental or injurious to property or improvements in the neighborhood.
2. Strict interpretation or enforcement would result in a practical difficulty or unnecessary
hardship inconsistent with the intent of this Ordinance and the Comprehensive Guide
Plan.
3. There are exceptional or extraordinary circumstances or conditions applicable to the
property, use or facilities that do not apply generally to other properties in the same
district.
4. Strict or literal interpretation would deprive the applicant of the use and enjoyment of his
property in a manner similar to other owners in the same district.
5. Granting of the variance will not allow a use which is otherwise not a permitted use in the
zoning district in question.
Exhibit A
A tract of land in the East one half (E 2) of Government Lot 2,
Section 7 and in the East one half (E2) of the Northwest Quarter
(NW,,) of Section 18, all in Township 115 North, Range 19 West, Dakota
County, Minnesota, described as follows:
From _a point on the North line of said Lot 2 of Section 7 distance 80 rods
West of the Northeast corner thereof; thence South to the Northwest corner of
the East one half (E2) of the Northwest quarter (NW4) of Section 18; thence
continuing South along the West line of the said East one half (E2) of the
Northwest quarter (NW -4) a distance of 1089 feet South of the North line of
said Government Lot 2 thence:East and parallel with said North line of
Government Lot 2 a distance of 400 feet to a point which is the actual point
of beginning of the premises herein described; thence continuing East
parallel with the North line of Government Lot 2 a further distance of 400
feet; thence North parallel with the West line of said East. one half (E2) of
the Northwest quarter (NW4) a distance of 544.5 feet; thence West and
parallel with the South line of the herein described premises a distance
of. 400 feet; thence South to the point of beginning.
vations and easements, if any
Subject to restrictions, reser
Exhibit B
Reasons for Request
private easement access to our proposed building lot.
The proposed building lot has been a historic lot of record since the 196o's. It
encompasses five acres. It does not front a public street and there is no current
access to the-lot. At present, there is a farm road that runs from Danbury Way
through the crest side of our property (see Exhibit Q. It transverses the
adjoining Bliss property and Vraa property.
The adjoining landowners (Paul and Elaine Bliss, Paula and Tim Vraa) have
agreed to grant us a private, 20- foot -wide easement for a driveway from
Danbury Way to the proposed building lot (see letter of intent at Exhibit D). This
easement would be located at or near the site of the current farm road (see
Exhibit C and D). They are unwilling to grant us a wider easement (or a public
easement).
We are respectfully requesting that the planning commission grant this
variance as this is a historic, but land - locked, lot of record since the 196o's; the
20- foot -wide easement would be sufficient for a private driveway serving a
single dwelling, and partial use of the existing farm road would minimally.
impact the rural nature of the area, including the surrounding terrain,
vegetation, and wetlands.
If this variance is denied, it would deprive us of the use and enjoyment of our
land- locked parcel, which was approved as a lot of record over go years ago.
t
Exhibit D
Letter of Intention
To Whom It May Concern:
This letter confirms our joint intention to grant a private easement to Beth and Mike
Sullivan fora driveway from Danbury Way to the Sullivan property. The easement will
be located at or near the existing farm road. The combined easement from us will be no
more than 26 feet wide. We are not willing to grant a wider easement or a public
easement because we feel it would have a detrimental impact on the value of our land.
We want to locate it at or near the existing farm road to protect the natural terrain,
vegetation, and wetlands.
Paula Duggan Vraa
Date
Timothy Sco _ raa ate
AV Iq
Elaine Bliss
Date
Paul C. Bliss
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