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
�