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HomeMy WebLinkAbout7.a. Rechtzigel Agricultural Subdivision Variance Appeal Findings of Fact and Conditions of Approval CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1995- A RESOLUTION APPROVING AN AGRICULTURAL SUBDIVISION OF 90 ACRES IN THE AGRICULTURE DISTRICT LOCATED AT 14727 CLAYTON AVENUE IN ROSEMOUNT WHEREAS, Jo Ann and Marlin Rechtzigel have applied for approval of a subdivision to divide their farm property located on the southwest corner of the intersection of State Trunk Highway 52 and County State Aid Highway 42, legally described as follows: The Southeast Quarter (SE 1/4) of Section 25, Township 115, Range 19, Dakota County, Minnesota, lying easterly of the westerly right-of-way line of the former Chicago and Northwestern Transportation Company railroad. Subject to easements for rights-of-way for State Highway No. 52 and Dakota County Road No. 42; and WHEREAS, the City Council has granted variances to facilitate the agricultural subdivision as a result of an appeal by Mr. and Mrs. Rechtzigel of a decision made by the Board of Appeals and Adjustments on May 9, 1995; and WHEREAS, the City Attorney has assembled findings of fact to support the City -- Council's decision to reverse the decision of the Board of Appeals and Adjustments; and WHEREAS, the City Council has determined that the Agricultural subdivision wilF be approved with conditions as a result of a public hearing conducted on June 6, 1995 in conformance with Section 15.3 of the City of Rosemount Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Agricultural subdivision subject to: 1 . Variances granted for tot width and a side yard setback for each lot; �j 2. Dedication of cross-access easements for shared use of the existing driveways; 3. Payment of one unit of Park Dedication 4. Approval of the Dakota County Plat Commission; and, 5. Reimbursement of expenses incurred by the City in excess of the application fee for legal costs and processing the appeal. 6. G.I.S. fees of 550.00 per lot ADOPTED this fifth day of July, 1995. E. B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: . CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: July 5, 1995 AGENDA ITEM: Rechtzigel Agricultural Subdivision AGENDA SECTION: Findings of Fact & Conditions of Approval Old Business PREPARED BY: Richard Pearson, Assistant Planner AGEND��g�A � � � Community Development ��� ATTACHMENTS: Resolutions APPROVED BY: On June 6, 1995, the City Council directed the City Attorney to prepare findings of fact to support the granting of variances enabling Jo Ann and Marlin Rechtzigel to proceed with an Agricultural subdivision. Mr. �eFevere has prepared the findings of fact in the form of a resolution and Planning Staff have accompanied it with a resolution granting approval of the Agricultural Subdivision with conditions. The conditions of approval are typical of those that are attached to most subdivisions. Namely, easements for access across the properties, GIS (Geographic Information System - S50 per lot), and Park Dedication. RECOMMENDED ACTION: MOTION to adopt resolution No. 95- making findings and order granting of variance. - and - MOTION to adopt resolution No 95- approving the agricultural subdivision with conditions for the Rechtzigel farm located at 14727 Clayton Avenue. COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1995- A RESOLUTION APPROVING AN AGRICULTURAL SUBDIVISION OF 90 ACRES IN THE AGRICULTURE DISTRICT LOCATED AT 14727 CLAYTON AVENUE IN ROSEMOUNT WHEREAS, Jo Ann and Marlin Rechtzigel have applied for approval of a subdivision to divide their farm property located on the southwest corner of the intersection of State Trunk Highway 52 and County State Aid Highway 42, legally described as follows: The Southeast Quarter (SE 1/4) of Section 25, Township 115, Range 19, Dakota County, Minnesota, lying easterly of the westerly right-of-way line of the former Chicago and Northwestern Transportation Company railroad. Subject to easements for rights-of-way for State Highway No. 52 and Dakota County Road No. 42; and WHEREAS, the City Council has granted variances to facilitate the agricultural subdivision as a result of an appeal by Mr. and Mrs. Rechtzigel of a decision made by the Board of Appeals and Adjustments on May 9, 1995; and WHEREAS, the City Attorney has assembled findings of fact to support the City Council's decision to reverse the decision of the Board of Appeals and Adjustments; and WHEREAS, the City Council has determined that the Agricultural subdivision will be approved with conditions as a result of a public hearing conducted on June 6, 1995 in conformance with Section 15.3 of the City of Rosemount Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Agricultural subdivision subject to: 1. Variances granted for lot width and a side yard setback for each lot; 2. Dedication of cross-access easements for shared use of the existing driveways; 3. Payment of two units of Park Dedication 4. Approval of the Dakota County Plat Commission; and, 5. Reimbursement of expenses incurred by the City in excess of the application fee for legal costs and processing the appeaL 6. G.I.S. fees of $50.00 per lot ADOPTED this fifth day of July, 1995. E. B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: CITY OF ROSEMOUNr DAKOTA COUNTY, MINNESOTA RESOLUTION N0.1995- A RESOLUTION IN REAPPLICATION OF JOANN AND MARLIN RECHTZIGEL MAI�ING FINDINGS AND ORDER GRANTING OF VARIANCE WHEREAS, Jo Ann and Marlin Rechtzigel have applied for a varia.nce to facilitate the division of an agriculturallot for their farm property located on the southwest corner of the intersection of Sta.te Trunk Iiighway 52 and County Sta.te Aid Highway 42; and WHEREAS, said variance request was denied by the City of Rosemount Board of Appeals and Adjustments on May 9, 1995; and WHEREAS, the applicants appealed the decision of the Board of Appeals and Adjustments to the City Council; and WHEREAS, the City Council considered the appeal at its regular meeting of June 6, 1995; NOW, TIiEREFORE, on the basis of the premises and the record of proceedings before the City Council in the application of Jo Ann and Marlin Rechtzigel for variances from the zoning and subdivision regulations of the City of Rosemount, the City Council makes the following Findings and Order: FINDINGS l. Jo Ann and Marlin Rechtzigel (hereinafter refened to as the "Applicants") own real property in the City of Rosemount legally described on E�ibit 1, which is hereto and hereby made a part hereof(hereinafter referred to as the "Subject Property"). 2. The Applicants have applied for approval of a proposed subdivision of the Subject Property into two lots. 3. The proposed subdivision cannot be approved without varia.nces. Therefore, the Applicants have applied to the City for approval of the following three variances: (a) A lot width variance. The Code requires a 300 foot lot width in AG Agriculture Districts of the City. The proposed subdivision contains a lot, the width of which is 200 fet on CSAH 42 and varies between 170 and 250 feet in the northerly portions of the lot. (b) A side yard setback variance. The City Code requires side yard setbacks of thirty feet. The Applicant has requested a variance of 11.9 feet for a proposed setback for an existing barn of 18.1 feet. (c) An additional side yard setback variance of l l.9 feet for an existing 2-story stone milking building at a location which is 18.1 feet from the proposed lot line. RESOLUTION 1995- 4. The buildings requiring side yard setback variances are removed from CSA�i 42 by appro�mately 710 feet; from Trunk Highway 52 by approxi.mately 145 feet. No properties other than the Subject Property will be affected by the variance requested. 5. The Subject property is an irregular shaped lot boundedon the north by CSAH 42, on the east by Trunk Highway 52, on the west by an abandoned railroad line, and on the south by agricultural property. 6. The most appropriate access to the Subject Property is from the north on CSAH 42. The fronta.ge of the Subject Property is the smallest right-of-way dimension of the Subject Property. 7. The building which necessitates a variance on the westem proposed lot is an e�sting 2-story stone block milking building. The building which necessitates a variance on the eastern proposed lot of the Subject property is a 2,432 square foot bam. It is not reasonably practical to relocate either of these structures. 8. The City Council fmds that the irregular shape of the lot, constraints on access to Subject Property, and the presence of improvements on the Subject Property create practical difficulties or unnecessary hardships within the meaning of Rosemount City Zoning Code Section 15.2G2. 9. The City Council further fmds that granting the variances requested is consistent with the spirit and intent of the Zoning and Subdivision ordinances of the City and will not adversely affect the public health safety and welfare provided the granting of such variances is subject to the conditions set forth in this Resolution. ORDER On the basis of the preceding Findings, the City Council of the City of Rosemount orders that: 1. The following variances are granted for the Subject Property: (a) A lot width variance in accardance with the subdivision of the Subject Property approved by the City of Rosemount Resolution No. (b) A side yard setback variance to a1low the 2-story stone block milking building to e�st 18.1 feet from the eastern lot line of the western lot of the subdivision approved by City Resolution No. (c) A side yard setback variance to allow the barn to e�cist 18.1 feet from the westem lot line of the eastern lot of the Subdivision approved by City Resolution No. 2. The side yard setback variances granted by this order are subject to the following conditions: 2 RESOLUTION 1995- (a) In the event either the stone milking building or the barn is destroyed or removed, it may not be replaced ecept in compliance with the then current requirements of the City Zoning Ordinance of the City of Rosemount. (b) No pa.rt of the Subject property, or either of the lots approved by City Resolution No. , may be further subdivided until both the milking building and the barn for which variances aze granted hereby, are removed. ADOPT'ED this Sth day of July, 1995. E. B. McMenomy, Mayor ATTE5T: Susan M. Wa1sh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: 3 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNE50TA � ,_ ' RESOLUTION 1995- � A RESOLUTION APPROVING AN AGRICULTURAL SUBDIVISFON OF 90 ACRES IN THE AGRICULTURE DISTRICT LOCATED AT 14727 CLAYTON AVENUE IN ROSEMOUNT WHEREAS, Jo Ann and Marlin Rechtzigel have applied for approval of a subdivision to divide their farm property located on the southwest corner of the intersection of State Trunk Highway 52 and County State Aid Highway 42, legally described as follows: The Southeast Quarter iSE 1/4) of Section 25, Township 115, Range 19, Dakota County, Minnesota, lying easterly of the westerly right-of-way Iine of the former Chicago and Northwestern Transportation Company railroad. Subject to easements for rights-of-way for State Highway No. 52 and Dakota County Road No. 42; and WHEREAS, the City Council has granted variances to facilitate the agricultural subdivision as a result of an appeal by Mr. and Mrs. Rechtzigel of a decision made by the Board of Appeals and Adjustments on May 9, 1995; and WHEREAS, the City Attorney has assembled findings of fact to support the City - Council's decision to reverse the decision of the Board of Appeals and Adjustments; and WHEREAS, the City Council has determined that the Agricultural subdivision will be � approved with conditions as a result of a public hearing conducted on June 6, 1995 in conformance with Section 15.3 of the City of Rosemount Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Agricultural subdivision subject to: 1 . Variances granted for lot width and a side yard setback for each lot; � 2. Dedication of cross-access easements for shared use of the existing driveways; 3. Payment of one unit of Park Dedication 4. Approval of the Dakota County Plat Commission; and. 5. Reimbursement of expenses incurred by the City in excess of the application fee for legal costs and processing the appeal. 6. G.i.S. fees of 550.00 per lot ; ADOPTED this fifth day of July, 1995. ' E. B. McMenomy, Mayor ATTEST: i I Susan M. Walsh, City Clerk ; � Motion by: Seconded by: Voted in favor: Voted against: ; � � i �