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HomeMy WebLinkAbout6.n. Henry Fox, 15391 Emery Ave. Common Boundary Line RelocationCITY OF ROSEMOUNT t EXECUTIVE SUMMARY FOR ACTION City Council Meetine Date: June 20. 2000 AGENDA ITEM: Henry Fox - 15391 Emery Ave. Common Boundary line relocation AGENDA SECTION: Consent PREPARED BY: Rick Pearson, City Planner AGEND ATTACHMENTS: Draft Resolution; Survey reduction. APPROVED BY: Applicant & Property Owner(s): Henry Fox Location: 15391 Emery Ave., approximately l mile south of CSAH 42. Area in Acres: 161.16 acres (original) Number of Lots: Parcel A 35.8 acres (farmstead) Parcel B 4.47 acres (Fox residence) Remaining 120 acres Overall Density: 1 dwelling unit per 80 acres (currently); maximum density - 1 per 40 Comp. Guide Plan Desig: Agriculture Current Zoning: Agriculture Preserve Planning Commission Action: Variance granted for Ag Preserve Lot Area; Variance to accessory structure setback denied; Recommendation of approval for lot split including rezoning of Parcel B to Agriculture. SUMMARY Henry Fox received Council approval to split his 161 acre property on Emery Avenue on April 4, 2000. The Agricultural lot splits resulted in three parcels, a small parcel for Mr. Fox's homestead, 35 acres for his son, and a 120 acre remnant. Mr. Fox became aware that the new property line between his son's parcel and the remnant straddled an irrigation well. As a result, this request will relocate the common boundary line fifty feet south so that the irrigation well is entirely on the remnant parcel. The Subdivision Ordinance allows for common boundary line relocations subject to Council approval with out a public hearing if there are no new parcels being created. The net effect is just to shift the property line between the parcels fifty feet to the south. RECOMMENDED ACTION: Motion to adopt a resolution approving the common boundary line relocation requested by Henry Fox CITY COUNCIL ACTION: • CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2000 A RESOLUTION APPROVING THE COMMON BOUNDARY LINE RELOCATION FOR HENRY FOX WHEREAS, the City Council approved an Agricultural Lot Split for Henry Fox on April 4, 2000, pursuant to Resolution 2000 -24, resulting in the following legal descriptions: Parcel A: The Southeast Quarter of the Northeast Quarter of Section 32, Township 115 North, Range 18 West, Dakota County, Minnesota, EXCEPT the south 466.85 feet of the east 416.68 feet thereof. Containing 35.80 acres. Parcel B: The south 466.85 feet of the east 416.68 feet of the Southeast Quarter of the Northeast Quarter of Section 3- Township 115 North, Range 18 West, Dakota County, Minnesota. Containing 4.77 acres. Remainder: The Northeast Quarter of Section 32, Township 115 North, Range 18 West, Dakota County, Minnesota EXCEPT the Southeast Quarter of the Northeast Quarter thereof. Containing 120.89 acres. and WHEREAS, because the proposed boundary line for Parcel A interfered with an irrigation well, Henry Fox determined that the boundary line for Parcel A must be relocated 50 feet to the south; and WHEREAS, the Subdivision Ordinance allows for City Council approval of a common boundary line relocation if there are no new parcels created by the relocation; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the relocation of the boundary line for Parcel A, resulting in the following legal descriptions: Parcel A: The Southeast Quarter of the Northeast Quarter of Section 32, Township 115 North, Range 18 West, Dakota County, Minnesota, lying south of the north 50.00 feet thereof, EXCEPT the south 466.85 feet of the east 416.68 feet thereof. Containing 34.28 acres. Parcel B: The south 466.85 feet of the east 416.68 feet of the Southeast Quarter of the Northeast Quarter of Section 32, Township 115 North, Range 18 West, Dakota County, Minnesota. Containing 4.47 acres. Remainder: The Northeast Quarter of Section 32, Township 115 North, Range 18 West, Dakota County, Minnesota EXCEPT that part of the Southeast Quarter of the Northeast Quarter lying south of the north 50.00 feet of said Southeast Quarter of the Northeast Quarter. Containing 122.41 acres. Resolution 2000 - ADOPTED this 20' day of June, 2000, by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Linda J. Jentink, City Clerk Motion by: Seconded by: Voted in favor: Voted against: Member absent: d m ij co 1321.59 rao 2 4'w fe 1271.59 50 a ; p s .� '�1 t C_n FFJ (Tl LID z A K d _ O di m W G x � a _ cn m d 466.92 S00 D V X � � • v n ,� -'Rod OD _ Z m r ' N co m — — a — — — — — 905.02 S06.37.59 —E 5u -� - 1321.94 S00.37'59•E rn SIM e E a s k '• .� 41 ..'r .-C +$.:: �c ���'y -i � A r ✓.�,_ � _ x - 7- CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2000 2 4 A RESOLUTION APPROVING THE AGRICULTURAL LOT SPLIT FOR HENRY FOX WHEREAS, the Planning Department of the City of Rosemount applied for approval of a division of property in the Agricultural Distract, said property legally described as: The Northeast Quarter of Section 32, Township 115, Range 18 Dakota County, Minnesota. WHEREAS, the Planning Commission of the City of Rosemount conducted a public hearing on March 28, 2000, as required by the subdivision ordinance for the purpose of receiving testimony regarding the requested Agricultural division; and, WHEREAS, the Planning Commission adopted a motion to recommend to the City Council approval of the Agricultural division, subject to conditions; and, WHEREAS, on April 4, 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 i approves the division of the above referenced parcel resulting in the following described parcels: i Parcel A: The Southeast Quarter of the Northeast Quarter of Section 32, Township 115 North, Range 18 West, Dakota County, Minnesota, EXCEPT the south 466.85 feet of the east 416.68 feet thereof Containing 35.80 acres. Parcel B: The south 466.85 feet of the east 416.68 feet of the Southeast Quarter of the Northeast Quarter of Section 32, Township 115 North, Range 18 West, Dakota County, Minnesota. Containing 4.77 acres. Remainder: The Northeast Quarter of Section 32, Township 115 North, Range 18 West, Dakota County, Minnesota EXCEPT the Southeast Quarter of the Northeast Quarter thereof. Containing 120.89 acres: BE IT FURTHER RESOLVED, the approval of this agricultural lot split is subject to: L Rezoning Parcel B to Agriculture; 2. Payment of one unit of Park dedication; 3. Recording a deed restriction with Parcel A to prohibit additional dwelling units; and 4. Recording a deed restriction with the remnant parcel to allow no more than two future dwelling units. f Resotutien 2000- 2 4 ADOPTED this day of April, 2000, by the City Council of the City of Rosemount. Cathy Bieho, Mayor ATTEST: ♦ G Linda J. Jenfink"CitKIerk Motion by: K I a s s e n Seconded by: Cas ....... Voted in favor: Edwards, Klassen, Cisewski, Busho, Caspar. Voted against: None. Member absent: None. it 2