The URL can be used to link to this page

Home My WebLink About6.l. Request by Leidner and Bester for Lot Split EXECUTIVE SUMMARY City Council Regular Meeting: February 20, 2018 AGENDA ITEM: Request by Leidner and Bester for Lot Split AGENDA SECTION: Consent PREPARED BY: Kim Lindquist, Community Development Director AGENDA NO. 6.l. ATTACHMENTS: Resolution; Excerpt of the January 23, 2018 Planning Commission meeting minutes; Site Location; Lot Division. APPROVED BY: LJM RECOMMENDED ACTION: Motion to Adopt a Resolution Approving the Lot Split for the Bester and Leidner properties SUMMARY The Bester property consists of about 40 acres of land in the Agricultural Preserve District along Bacardi Avenue and on the south side of Gun Club Road (120th Street West). The eastern edge of the Bester property actually extends east of Bacardi Avenue. The property owner to the east, Ellen Leidner, is requesting lot split approval to acquire that portion of the land that lies east of the centerline of the road, aligning with her property. This is similar to the request is 2005 when the City requested a lot split to combine a portion of the Bester property to lands acquired from Wickland for open space purposes. PLANNING COMMISSION ACTION The Planning Commission held a public hearing for the Bester and Leidner Lot Split at its regular meeting on January 23, 2018. During the public hearing a representative for the owner requested a waiver of the City fees for processing of this project. Mr. Bester also supported waiver of the fees. The Commission indicated that they are not the body who determines fees and the applicant should contact staff. Since that time staff has discussed this issue with the Council and applicant and explained how the fees are determined and that the staff has spent time on the project to warrant payment of the application fee. BACKGROUND Applicant & Property Owner(s): Ellen Leidner and Keith Bester Family Location: Mostly west of Bacardi Ave., South of Gun Club Road (120th Street West). Area in Acres: 43.6 prior to split. Comp. Guide Plan Desig: Rural Residential Current Zoning: Agricultural Preserve Nature of request: Separate the .74 acres east of centerline of Bacardi Avenue for access to properties adjacent to the east. Bacardi Avenue was built at a slight angle deviating to the west of straight north. As a result, the Leidner property is isolated from Bacardi Avenue by .74 acres of the Bester property. To ensure the property is not legally landlocked, Leidner is acquiring .74 acres of the Bester parcel so that there is direct access to Bacardi from the Parcel C property. As a condition of approval, staff is requesting Parcel C and Parcel E be combined through the County process so that Parcel E does not stay a separate lot of record. 2 The parcel created by the split is approximately 90 feet deep by 320 feet in length. As created, it will not be a buildable lot according to rural residential standards. Typically, the City would require Parcel E to be combined with an adjoining property because it is not buildable and does not conform to ordinance dimensional requirements. Further, the City requests the combination so that there is no chance that the property will go tax forfeit. This is an unusual situation and it is recognized that the request is to provide legal access to the Leidner parcel. Staff is not recommending any variances for the newly created Parcel E and in fact by combining Parcel E and Parcel C, the action will not increase any non-conformity currently in existence. Rather, the action addresses an issue that could negatively impact the Parcel C as is. CONCLUSION AND RECOMMENDATION Approval of the split will provide legal access to the Leidner parcel. The Planning Commission and Staff are supportive of the lot split with the condition that Parcel E and Parcel C be combined at the County as noted in the attached resolution. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2018 - A RESOLUTION APPROVING THE LOT SPLIT FOR ELLEN LEIDNER AND KEITH BESTER FAMILY WHEREAS, the City of Rosemount received a request for the Lot Split approval from Ellen Leidner concerning property legally described as: The following described tracts, pieces or parcels of land situate, lying and being in the County of Dakota and State of Minnesota, to-wit: A tract of land in Government Lot One (1) in Section Nine (9) and the Northwest quarter of the Northeast quarter (NW ¼ of NE ¼) of Section Sixteen (16), Township One hundred fifteen (115), Range Nineteen (19) Dakota County, Minn., described as follows: Commencing at the northwest corner of Government Lot One (1) and running thence south along the west line thereof and the west line of said Northwest quarter of Northeast quart (NW ¼ of NE ¼) a distance of 330 feet; thence East and parallel to the North line of said Section Nine (9) a distance of 660 feet; thence north and parallel to said west line a distance of 330 feet; thence west along said north line to the point of beginning, according to the Government Survey thereof. Together with: That part of Government Lot 2, Section 9, Township 115, Range 19, Dakota County, Minnesota and the Northeast Quarter of the Northwest Quarter of Section 16, Township 115, Range 19 said Dakota County lying North of the North line and its westerly extension thereof, of Lot 1, Block 1, SCHLUKEBIER ADDITION said Dakota County and lying east of the northerly extension of the most westerly line of said SCHLUKEBIER ADDITION. WHEREAS, on January 23, 2018, the Planning Commission of the City of Rosemount held a public hearing and reviewed the requested application; and WHEREAS, on January 23, 2018, the Planning Commission recommended approval of the requested applications, subject to conditions; and WHEREAS, on February 20, 2018, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendations. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Lot Split for Ellen Leidner, subject to the following conditions: 1. Parcel E and Parcel C be combined at Dakota County. ADOPTED this 20th day of February 20, 2018, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk 6.c. Request by Leidner and Bester for Lot Split. (18-06-LS) Community Development Director Lindquist gave a brief summary of the staff report for the Planning Commission. Commissioner Clements questioned if there will be right-of-way provided for a future 120th Street after the lot split. Lindquist stated that the City of Rosemount is not proposing to obtain a right -of-way at this time. The public hearing opened at 9:07 pm. Public Comments: Dean Trongard, 6525 Franklin Hills Road, Independence, stated that he is helping Ellen Leidner solve this lot split issue. After losing her husband, Ms. Leidner looked into selling her property and discovered that she couldn’t sell because her property was not located on a publicly maintained road. Mr. Trongard requested that the application fee be reduced or waived to assist Ms. Leidner with the costs of resolving this issue. Keith Bester Jr., 2140 120th Street West, stated that he would also like to request that the application fee be reduced or waived for Ms. Leidner. MOTION by Freeman to close the public hearing. Second by VanderWiel. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 9:11 pm. Additional Comments: Community Development Director Lindquist stated that the application fees are based on the amount that staff spends on the application. Chair Kenninger stated that the applicant can follow up with staff on the request to reduce or w aive the lot split application fee. MOTION by Mele to recommend the City Council approve the Lot Split for the Bester Parcel subject to combination of Parcel E with Parcel C. Second by VanderWiel. Ayes: 5. Nays: 0. Motion Passes. LEIDNER PROPERTY Property Information January 9, 2018 0 450 900225 ft 0 130 26065 m 1:4,800 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ¼¼¼ ¼¼ ¼¼ ¼¼ ¼Sheet1 of 1Property Exhibit for: CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 www.pioneereng.comFax: 681-9488 Drawn by: Cad File: Folder #: MTW 00-SURV-117280-BASE Ellen Leidner8165