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Home My WebLink About6.g. Marotzke Agricultural Lot Division and Rezoning ,; ' CITY OF ROSEMOUNT EXECUTIVE SUMMARY F4R ACTION City Council Meeting Date: June 3, 1997 AGENDA ITEM: Marotzke Agricultural Lot Division and AGENDA SECTION: Rezoning Consent PREPARED BY: Dan Rogness, Community Development Dir. AGEND�� ATTACHMENTS: Survey, Location map, Draft Ordinance, APPROVED BY: Resolution Applicant: Henry&Juliet Marotzke Location: Approximately 1/4 mile north of 126th Street on the west side. Property Owner(s): Earl&Doris Marotzke Area in Acres: 5 Number of Lots: 1 Overall Density: Agricultural Preserve 1 dwelling unit per 40 acres Comp. Plan Land Use Desig.: Rural Residential Current Zoning: Agricultural Preserve Requested Zoning: Rural Residential SUMMARY Earl and Doris Marotzke own 80 acres of land between Biscayne and Bacardi Avenues, north of 126th Street and the White Lake area. The Marotzkes reside in Eagan and property is utilized as a tree farm. As such, the property is zoned Agricultural Preserve (AGP)which provides incentives to long term agricultural use. Henry is a son of Earl and Doris and would like to build a house on the eastern edge of the property along Bacaxdi Avenue. Only 40 acres is required to maintain the participation in the AGP program and Henry is asking for approval of an agricultural lot division of a relatively small lot. The new 5 acre lot should be rezoned to Rural Residential (RR)which is consistent with the Comprehensive Guide Plan land use designation. Being less than 40 acres, it will no longer be eligible for AGP status. However, the remaining'75 acres will continue to be in the program and be zoned Agricultural Preserve. The proposed lot is consistent with the standards for the minimum lot size in Agriculture and Rural Residential Districts at 5 acres with a lot width in excess of 300 feet. �I On May 27, 1997, the Planning Commission conducted the public hearings as required for the lot division and �I the rezoning. No one appeared for comment. Mr. Marotzke indicated how much he was looking forward to moving from Eagan to Rosemount and building a house on the five acre lot. RECOMMENDED ACTION: Motion to adopt a resolution approving an agricultural lot division requested by Henry Marotzke and Julie Marotzke; -and- Motion to adopt an ordinance rezoning the 5 acre parcel to rural residential in conformance with the Com rehensive Guide Plan. CITY COUNCIL ACTION: Certificate of Description For: 4 Henry Marotzke 187/11 , B9767 : DELMAR H. SCHWANZ uNo sumr�rons.i«c. ;-� n.p�.�...a unw.L,...of n»st«.M�x�n..el. 14750 SOUTH Fe08ERT TRAIL ROSEMOUNT,MINNESOTA 530as 012/423-1Ta9 � ) SUNVEYOR'S CEATIFiCATE Q �3'� �' �/oQ� .(i.�/C S% �/�J�� 5�Z /6 -�//5,�/-2/9� ,f\ �,✓E�o,�� h/89°�6'S9"E 5�2��6 i I ° 8 ° � . — 60900 -- � �� — — 54/.0� — , � �C� Scale: 1 inch = 30 feet � �✓89°� �fy�� 33 33 � , � ,� � � , � � Original Land Description: '� o � /-�C/�L� TU � � G � `� � The South Half of the Northwest Quarter �� , � � /�D/�,D � $o, � of Section 16, Tawnship 115, Range 19, � I ��'oj D�alcota County. Minnesota. � C 1 V� 0 Containing 80 acres, m�re or less. � `�3 33I 1 � — - �49.58 — .,'_ � � Proposed Description of Land Zb Be Splitt Off: � � � � � --- � �` That part of . 609.o0 the south 400.00 feet of the north 700.00 feet /5�89°�6 S�/�E � of the east 609.00 feet of the South HaTf of the . T Northwest Quarter of Section 16, Township 115, ' �.,, �y' Range 19, Dakota County, Minnesota lying westerly of �� the follcn�ring described line: Cotm�encing at the northeast ;�j corner of said SouthHalf of the Northwest Quarter; thence ,:.,,��.:�;''•'�.��'��':-;.;, South 89 degrees 46 mi.nutes 59 seconds West, assumed beari.ng, � - along the north line thereof 73.56 feet to the point of beginning of the line� to be described; thence South O1 : . . degrees O1 minutes 24 seconds East 800 feet and said line there - , , ... terminating. - Containing 5.00 acres. - Subject to all easements of record, if any. -. � .� I Description of Balance of Iand: • . I The South Half of the Northw�est Quarter of Section 16, Tawnship 115, Range 19, Dakota '�, County, Minnesota; EXCEPT that part of the south 400.00 feet of the north 700.00 feet , of the east 609.00 feet thereof lying westerly of the follc�wing describEd line: Commencing at the northeast corner of said South Half of the Northwest Quarter; thence 1 hereby certify that thb tuwey,v�•n.o.r.pore w•s �uth 89 degrees 46 minutes 59 seconds West, assurr�ed pro,,:•ed Dy me or unds�my dlrect supenhlon�-d bearing, along the north line thereof 73.56 feet to the tAst I err. a duly Reyistsrod L�nC Surreyw under point of beginning of the line to be described; thence t�e i�ws �t trt St�t�of dtinrnsota. $pU�l OL G�2c3Z'P.@S O1 minutes 24 seconcls East 800 feet and OS-21-97 said line there terminating. Dsim�t H. 3chw*nz Dated MI n �Rpitrtraildn No..�625 � / //'��!�'� �_,/ ��-,y��. �, �� . � (�' .--__ `---� v� � � --___. ��nv v�t�nne CHICAGO MILWAUKEE ST PAUL S PACIFIC RR ;�AyNE A� 81SCAYNE AVE � N � � �G . v� y� • � . -� ,� � • � . � ;,. . . � .� . c� BNGNRDIAVE � � � ^ ' � � ' . � � . � � � I , ' F C CITY OF ROSEMOUNT DAKOTA COUNTY,MINNESOTA RESOLUTION 1997- A RESOLUTION APPROVING AN AGRICULTURAL LOT DIVISION REQUESTED BY HENRY MAROTZKE and JULIET MAROTZKE ' WHEREAS,the Planning Department of the City of Rosemount received an application for approval of an agricultural division of property in the Agricultural Preserve District, said property legally described as: The South Half of the Northwest Quarter of Section 16, Township 115, Range 19, Dakota County, Minnesota. Containing 80 acres, more or less. Subject to public road easement for Bacardi Avenue and all other easements of record, if any. WHEREAS,the Planning Commission of the City of Rosemount conducted a public hearing on May 27, 1997, as required by the subdivision ordinance for the purpose of receiving testimony regarding the requested Agricultural Preserve division; and, WHEREAS,the Planning Commission adopted a motion to recommend approval of the Agricultural Preserve division to the City Council with conditions; and, WHEREAS,the City Council of the City of Rosemount reviewed the recommendation forwarded by the Planning Commission on June 3, 1997. NOW, THEREFORE, BE IT RESOLVED,the City Council of the City of Rosemount hereby approves the division of the above referenced parcel resulting in the following described parcels: Parcel A That part of the south 400.00 feet of the north 700.00 feet of the east 609.00 feet of the South Half of the Northwest Quarter of Section 16, Township 11 S, Range 19, Dakota County, Minnesota lying westerly of the following described line: Commencing at the northeast corner of said Sauth Half of the Northwest Quarter; thence South 89 degrees 46 minutes 59 seconds West, assumed bearing, along the north line thereof 73.56 feet to the point of beginning of the line to be described; thence South O l degrees O l minutes 24 seconds East 800 feet and said line there ternunating. Containing 5.00 acres. Subject to all easements of record, if any. Parcet B ' The South Half of the Northwest Quarter of Section 16, Township 115, Range 19, Dakota County, Minnesota; EXCEPT that part of the south 400.00 feet of the north 700.00 feet of the east 609.00 feet thereof lying westerly of the following described line: Commencing at the northeast corner of said South Half of the Northwest Quarter; thence South 89 degrees 46 minutes 59 seconds West, assumed bearing, along the north . RESOLUTION 1997- line thereof 73.56 feet to the point of beginning of the line to be described; thence South O1 degrees O1 minutes 24 seconds East 800 feet and said line there terminating. BE IT FUR1'HER RESOLVED, the approval of this agricultural preserve division is subject to payment of one unit of Park Dedication fee and GIS fees at the rate established by the current fee resolution ADOPTED this 3rd day of June, 1997 by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: Member absent: , . City of Rosemount Ordinance No.B- AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE T'HE CITY COUNCIL OF TI� CITY OF ROSEMOUNT, IVIINNESOTA, ORDAINS AS FOLLOWS: Section 1. Ordinance B, adopted September I9, 1989, entitled"City of Rosemount Zoning Ordinance, "is hereby amended to rezone from Agricultural Preserve to RR, Rural ' Residential, the following described property located within the City of Rosemount, Minnesota, �'� to-wit: That part of the south 400.00 feet of the north 700.00 feet of the east 609.00 feet of the South Ha1f of the Northwest Quarter of Section 16, Township 115, Range 19, Dakota County, Minnesota lying westerly of the following described line: Commencing at the northeast corner of said South Ha1f of the Northwest Quarter; thence South 89 degrees 46 minutes 59 seconds West, assumed bearing, along the north line thereof 73.56 feet to the point of beginning of the line to be described; thence South O 1 degrees O 1 minutes 24 seconds East 800 feet and said line there terminating. Containing 5.00 acres. Subject to all easements of record, if any. Section 2. The Zoning Map of the City of Rosemount, refened to and described in said Ordinance No. B as that certain map entitled"Zoning Map of the City of Rosemount" sha11 not be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning map on file in the Clerk's office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance and all of the notation references and other information shown thereon are hereby incorporated by reference and made a part of this Ordinance. Section 3. This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 3rd day of June, 1997. CITY OF ROSEMOUNT Cathy Busho, Mayor ATTEST: Susan M. Wa1sh, City Clerk Published in the Rosemount Town Pages this day of , 1997. � � Planning Commission t Regular Meeting Minutes May 27, 1997 Page 3 'thout the variance. Granting of the variance would not be detrimental to the surrounding pr erty owners. MOTI by Shoe-Corrigan to deny the five foot side yard set back variance for the northern building ele tion. Seconded by Weisensel. Ayes: Shoe-Corrigan and Weisensel. Nays: ste. Motion carrie Chairperson Droste sed the Board of Appeals and Adjustments and reconv d the Planning Commission hearing. Commissioners discussed the s ening by vegetation of the dust ector, an enclosure built of the same materials as the building for t dumpster area, and the ernal upgrade of the building. Ms. Michalski indicated they did not objec o the e�rternal u e and the requirements to bring the building up to code. Chairperson Droste opened the Public Heari here were no comments. MOTION by Droste to close the Pub ' earing. onded by Shoe-Corrigan. Ayes: Shoe- Corrigan, Weisensel, and Droste. ys: 0. Motion ca 'ed. MOTION by Shoe-Corri o approve the site plan for th osemount Woods building addition subject to: 1) Conform e with 7.1 Dimensional Standards o Zoning Code; 2) Conformance with Section 8.3, 1 caping requirements for a minimum of 8 tre and 20 shrubs (or equivalent); 3) Conformance h Section?.2, building type and construction; an tion 8.1, off street parking and loading r irements for screening, striping and curb &gutter; 4) co ance with all applicabl ilding and fire codes and payment of all associated fees as requi . Seconded by W ' e . Ayes: Weisensel, Droste, and Shoe-Corrigan. Nays: 0. Motion c e applicant was advised of the right to appeal the denial of the variance. Public Hearin�: Henrv & Juliet Marotzke A�ricultural Lot Split & Rezoning. Chairperson Droste opened the public hearing for the Henry and Juliet Marotzke Agricultural Lot I Split and Rezoning request. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. ' Rick Pearson presented the request by Henry and Juliet Marotzke for an agricultural lot split and rezoning in order to create a five acre parcel to build a single-family home. This parcel is currently part of Henry's parents' farm consisting of 80 acres located between Biscayne and Barcardi Avenues, north of 126th Street and the White Lake area. The property is utilized as a tree farm and is zoned Agricultural Preserve. The Marotzke farm will be left with sufficient acreage to remain in the AGP program. The five acre parcel will need to be rezoned to Rural Residential. The proposed lot is consistent with the standards for the minimum lot size. r � Planning Commission Regular Meeting Minutes May 27, 1997 Page 4 Chairperson Droste opened the floor to the applicant. Henry Marotzke appeared and expressed his desire to build a home upon the subject property. Chairperson Droste opened the Public Hearing. There were no comments. MOTION by Droste to close the Public Hearing. Seconded by Weisensel. Ayes: Droste, Shoe- Corrigan, and Weisensel. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council approve the agricultural lot division for the Marotzke property subject to payment of one unit of Park Dedication fee and GIS fees at the rate established by the current fee resolution. Seconded by Shoe-Corrigan. Ayes: Shoe-Corrigan, Weisensel, and Droste. Nays: 0. Motion carried. MOTION by Droste to recommend that the City Council rezone the 5 acre parcel to Rura1 Residential in conformance with the Comprehensive Guide Plan. Seconded by Shoe-Corrigan. Ayes: Weisensel, Droste, Shoe-Corrigan. Nays: 0. Motion carried. Public Hearin : Kell McGivern Lot Combination Chairperso roste opened the public hearing for the Kelly McGivern Lot Combin ' request. The recording s etary has placed the Affidavit of Publication and Affidavit o ling and Posting of a Public Hearing ice on file with the City. Mr. Pearson presented the re t by Kelly McGivern to combi s lot in O'Leary's Hills Fifth Addition with the abutting Outlot Fee title to this prope is in Parkview, Inc. The City has a 5 foot easement on Outlot A. By combi these two lo , . McGivern will have an additiona120 feet of lot width, giving him the ability to 1 cape area, add onto his home, and increase the allowance for lot coverage. Mr. McGivern wil be able to build anything within the farmer outlot due to the City's easement. If Mr. McGive cqui the property from Parkview, in exchange for approval of the lot combination, the Cit ould be gran utility rights over the entire former outlot. Mr. Litterer addressed questio regarding the storm sewer and dr e issues. Chairperson Droste op d the floor to the applicant. Kelly McGivern s present and expressed his desire that the City look into getti deed from the fee owner and ' turn selling the outlot to him. Chairpe n Droste opened the Public Hearing. There were no comments. M ON by Droste to close the Public Hearing. Seconded by Weisensel. Ayes: Droste, Shoe- rrigan, and Weisensel. Nays: 0. Motion camed. ,- - — �a�E��:�e��; I�l a.t'0�'z.ke. � . - -�--, Lo-h' �iVi�ion - 1A'f � � 1��' Rs�:� �tc�r -. ..t; �� ' ��i�Y t�r ��g�-_,�rt; , .� 106 .."�""� 4�-d-a-�2 �r�i'� �t� �=8� . � � �� ( /, • r . r ' �'��1�� t�/�C�'1 �-�� ' � ,�.,�.��,�e . r � �L �.J� �v" � ' � � � � r-- � r • �v� � l �� a �1 * �� V '•��/ �t/�-�/ � t � � �.'. °��.� �.��-�- �� .�.�- ,��-.-e� -� �� - , �.o-�' �=� °�'�. � � 3 °° � �� %�� '� �i��"�-�-f I-��1�� "VL"2.P/L Q' ��2//�" � �h,�lhPiLv- �C/�"''l �Z II', ��-p'y � `� �!, --��y� i � �� 0N ��'�L� '� - - -�� -- --- ---------- . 1��.�,. - - __ - ---- _- _ _ ___ __ _ __ . ..,�-,; �`-��.�,�..h � �. C I TY O F RO S E M O U N T ze75_`�TM�h A`�t,v�� Rosemount,�1N Everyrhing's Coming Up Rosemounc!! »oea•�99� Phone:51;.aZ i.s�11 Heannp ImCaued 1�?•0�?9 Fax:51�•-;.:-i�03 PUBLIC HEARING NOTICE C ity of Rosemount Planning Commission TO: Property Ownezs Within 350 feet APPLIC?�NT: Henry 8�Juliet Marotzice , PURPOSE: To hear public comment relarive to the application for an A�ricultural lot split and I petition to rezone the subjecL property from Agriculhual Preserve to Agriculture. ', LOCATION OF West of Barcardi:�venue and south of 120th Street West,located in Rosemount, ' PROPERTY: Minnesota MEETING: �:00 p.m.,Tuesday,May 27, 1997 PLACE OF City Council Chambers HEARING: 2875 - I45th Street West Rosemount,vfN>j068 HOW TO 1. You may attend hearing and comment PARTICIPATE: 2. You mav send a letter before the hearing to the Planning Comcnission,P.O. Bos�10,Rosemount,MN�5068. � ANY QITESTIONS: Please call the Pianning Department at(612)322-20�1. � � _ - s � l_ _ . . !�H� � r ,,; � � ST . .� • � . .� � .� � � � � � W �� ` — � � _ � ,. > � � � � ' � m � Q . a J �. a6iR�cac.-R�c � 3 �.�? �V1�/0�.1 � : N -- W w'J f� W 0 Y Q � ` ! � � � � .�f� � . . Qi. �l" '�l�S,�;�, d"(L �e�t� , �. � � � .�1�' .. . r��.��e� W _ �Z J m � `J � 12¢:� 5T. _____.. .___ _e ��'�� i�c�,rd�"zke. . , � . --- -----. L o-t' �i v i�i an - AY � 0 199� �.. . R� +�tc�r:- , C1TY l;�- :i"v�, _ �-�2 �� - 1 os -..--- --�.--1��.� �J%��. s��l� � � IP C � � ^ � . � �V . �� i�l�`�� '��r/I V� + ' 1 Y �/ � . r � �-'�" c �t,- � ' .. r' � / TT � r . .ti� � . —�,-,. � 7— �� .ilU� � t�� * �/�T� ,.�G'�� u�' . ��/' ��- � }� .,� �L�� -� , -��`'�- , � — � � �� 3 °° �a-�� `.��-�� -� �F�..J'��-��-d- �-�-Q . r�i�'" r �!!�' 6� � , ' � ` .m.��.-�;--e�i� r ,.r�+� G � �� ''��,,`.r�.,�-►�� I� -- . ---- - -- - ' -- --- — ---------- -_-- _-------- � � ,,�•-,; c4"-�wh-h � �, �� , C I TY O F RO S E M O U N T Za�S-`�TM�h A`�t�� Rosemount,�1N i5068•�997 Everyrhing's Coming Up Rosemounr!! Phone:51Z.�23•��11 Heanng Impa�red�Z?-o2?9 Fax:51 Z•1�:-5:Q3 PUBLIC HEARING NOTICE City of Rosemount Planning Commission TO: Property Owners Within 350 feet APPLICANT: Henry&Juliet Marotzke PURPOSE: To hear public comment relative to the application for an Agricultural lot split and petition to rezone the subject property from Agricultural Preserve to Agriculture. LOCATION OF West of Barcarrii Avenue and south of 120th Street West,located in Rosemount, PROPERTY: Minnesota MEETING: 7:00 p.m,Tuesday,May 27, 1997 PLACE OF City Council Chambers HEARING: 2875 - 145th Street West Rosemount,MN 55068 HOW TO 1. You may attend hearing and comment PARTICIPATE: 2. You may send a letter before the hearing to the Planning Commission,P.O. Box 510,Rosemount,MN�5068. � ANY QITESTIONS: Please call the Planning Department at(612)322-2051. � _ � ____. �_ _.. . ._ - _ __ ��orHsr • � � o� sT � � �-: � - o � � � � a ,c�, � `;j � W z � i � � � �� U m u. Q � � ' a " .�. a6ite�cuc-tt,t � � . J � ' . � � � ��,.. � ��'�� . . W. .a""'�� , . W o � � . � � ��:� � � � �� ;k,,r� ,p�-�' � � � '��'`� Gllru�.��, � W .:�,�': J m `� � '2¢-:H 5'�.