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Home My WebLink About03-26-07 Item 4D, Resolution 07-42 Minor Subdivision at 1401 Skiles Lane ~ ~HlLLS Request for Council Action Prepared By: James Lehnhoff Dept.: ~__~Q!!1_~~!I_i~}?,~'y ,.,..~~ .~ent Council Mtg. Date: 2.13.07 Final Action Needed By: - 4:'f3:'O'_r~.__._..~__ Agenda Item: 4.0 --- ---.---..--......... ....... .... ...-..------Sudgeted Amou-nt: Actual Amount Funding Source: Resolution 07-42: Approving Planning Case 07-005 for-a -Minor Subdivision at 1401 Skiles Lane Based on the Findings of Fact and thei Submitted Plans as Amended by the Five Conditions in Planning Case 07~005. Approve the Planning Case as recomm'e.iide'd."b'y"the--P-iann-inii-C.orrl'iTiT;;-s"i,)n:---- X Memo/Letter: March 26, 2007, Memo to the City Council X Resolution No.: 07-42 No.: Recommendation: Recommendation: X Other: Draft I ease I None. None. ~ /]'\~ HILLS MEMORANDUM DATE: March 26, 2007 CC Agenda Item 4.D TO: Mayor & City Council FROM: James Lehnhoff, City Plann~ SUBJECT: Planning Case #07-005 Gary FindeIl Minor Subdivision & Variance 1401 Skiles Lane ReQuest Resolution 07-42: Approving Planning Case 07-005 for a Minor Subdivision at 1401 Skiles Lane Based on the Findings of Fact and the Submitted Plans as Amended by the Five Conditions in Planning Case 07-005. Backl!round The applicant owns a .82 acre parcel at 1401 Skiles Lane and proposes to subdivide the property into two residential properties. The western parcel with the existing dwelling is proposed to be 100'x182' with a total area of18,237 square feet. The eastern parcel is vacant would be approximately 95'x182' with a total area of 17,280 square feet. There is an existing dwelling on the western lot that does not encroach on any setbacks or exceed any lot coverage limitations. The eastern lot is vacant. No variances are required or would be needed for the subdivision itself or to develop the vacant lot. On February 28,2006, the City Council did approve this minor subdivision for 1401 Skiles Lane in Planning Case 06-002 subject to seven conditions. The subdivision was not filed within the six month requirement as required in condition one and an extension request was not made before the approval expired. Therefore, the applicant has resubmitted this minor subdivision application to seek re-approval of the subdivision. The proposed subdivision is identical to the subdivision that was approved in 2006. No changes have been made to the Subdivision or Zoning Codes since the first review of the subdivision that would change the review in this second subdivision application. There are fewer conditions with the 2007 proposal because some of the 2006 conditions had been completed prior to resubmitting the application. \\Metro-inet.uslArdenHillslPlanninglPlanning Cases\2007\07-005 Findel! Minor Subdivision (PENDING) \032607 - CC Report - Findell Minor Subdivision. doc Page 1 of3 Park Dedication Fee The 2006 estimated land value for the entire property was $164,300, which set a maximum park dedication fee of $4,929 for the single new lot when this application was first approved in 2006. The applicant currently has a purchase agreement with a third party to sell the new lot if it is approved. The applicant has provided the City with the information from the purchase agreement, which included a property value of $175,000. Therefore, the updated maximum park dedication fee would be $10,500 for the entire property or $5,250 for the single new lot. As you may recall, the two plats (Burroughs Lane and Lake Johanna Woods) that were recently approved had a park dedication fee of $6,276 per lot. The park dedication fee for the property in this proposal cannot be raised to that level because the City's Subdivision Code sets the maximum fee the City can charge in Section 1130.08, which is six percent of the land value when one new lot is created. Since the park dedication fee for this property is less than the running average for other recently approved plats, Staff recommends setting the park dedication fee at the maximum $5,250 for the one new lot in this minor subdivision application. The applicant has been made aware of the park dedication fee and has indicated that he will not contest the fee. Recommendation The Planning Commission reviewed Planning Case 07-005 and unanimously (6-0) recommends approval of the Minor Subdivision based on the findings offact and the submitted plans as amended by the following five conditions: 1. The applicant shall file the minor subdivision with the Ramsey County recorder and shall provide the City with a recorded copy within sixty days of the final approval date. 2. The applicant shall pay a park dedication of $5,250 prior to filing the subdivision with Ramsey County. 3. The applicant shall include a 12 foot drainage and utility easement centered on all common lot lines, and a 12 foot drainage and utility easement along the right-of-way prior to filing the subdivision with Ramsey County. 4. Any extension of City services for the new lot shall be subject to approval by the City Engineer and all associated costs shall be the responsibility of the applicant. 5. The applicant shall comply with applicable provisions of the City Code and related ordinances. Options 1. Approve the proposal as submitted. 2. Approve the proposal with conditions. 3. Deny the application with reasons for denial. If the City denies the petitioners request, ".. .it must state in writing the reasons for the denial at the time it denies the request." \lMetro-inet.us\ArdenHillsIPlanning\Planning Cases\2007\07-005 Findell Minor Subdivision (PENDING)\032607 - CC Report - Pindell Minor Subdivision. doc Page 2 of3 4. Table for additional information. A motion to deny should include specific reasons related to the Subdivision Code and/or Zoning Code. Deadline for Al!:encv Actions The City of Arden Hills received the completed application for this request on February 13, 2007. Pursuant to Minnesota State Statue 462.358 Subd 3b, the City must grant final approval within 60 days of the completed submittal if the applicant has complied with all conditions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval was expressly conditioned either through performance or the execution of appropriate agreements assuring performance. The City must make a final decision on the application no later than April 13, 2007. Attachments 4D.l 4D-2 4D-3 Draft Planning Commission Minutes Resolution 07-42 March 7, 2007, Report to the Planning Commission - htto://www.ci.arden-hills.mn.us IIMetro-inet.us\ArdenHil/s\Planning\Planning Cases\2007\07-005 Findell Minor Subdivision (PENDING)\032607 - CC Report - Findell Minor Subdivision.doc Page 3 of3 Attachment 4D-l Draft Planning Commission Minutes March 26, 2007, City Council Meeting ARDEN HILLS PLANNING COMMISSION - MARCH 7, 2007 5 C. PLANNING CASE #07-005 - MINOR SUBDIVISION; GARY FINDELL; 1401 SKILES LANE Mr. Lehnhoff stated the applicant was requesting a minor subdivision to subdivide a .82 acre (35,527 square feet) parcel into two conforming properties in the R-l Single-Family Residential Zone. Staff recommended approval of the variance subject to the following conditions: 1. The applicant shall file the minor subdivision with the Ramsey County recorder and shall provide the City with a recorded copy within sixty days of the final approval date. 2. The applicant shall pay a park dedication as set by the City Council prior to filing the subdivision with Ramsey County. 3. The applicant shall include a 12 foot drainage and utility easement centered on all common lot lines, and a 12 foot drainage and utility easement along the right-of- way prior to filing the subdivision with Ramsey County. 4. Any extension of City services for the new lot shall be subject to approval by the City Engineer and all associated costs shall be the responsibility of the applicant. 5. The applicant shall comply with applicable provisions of the City Code and related ordinances. Commissioner Larson asked why the subdivision was never filed. Mr. Lehnhoff responded he did not know why it was not filed, but the applicant indicated it was unintentionally missed. Gary Findell, applicant, stated there was a new foundation built under the new house and the reason they missed the deadline was because in the process of moving and everything associated with it, they simply unintentionally missed the deadline. Commissioner Thompson moved, seconded by Commissioner Holewa to approve Planning Case No. 007-05 for a Minor Subdivision; Gary Findell, 1401 Skiles Lane based on the finding that the subdivision is in conformance with the City's Subdivision Code, subject to the five conditions as noted in staffs March 7,2007, report. The motion carried unanimously (6-0). OR~f1 March 26,2007, City Council Meeting Attachment 4D-2 Resolution 07-42 ~ ~HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 07-42 RESOLUTION APPROVING THE MINOR SUBDIVISION AT 1401 SKILES LANE WHEREAS: on February 13, 2007, Gary Findell, the property owner of 1401 Skiles Lane, submitted a completed minor subdivision application to subdivide the previously platted property into two conforming lots. WHEREAS: on March 7, 2007, the Planning Commission reviewed the minor subdivision and determined that the proposal is in conformance with the City's Zoning Code and Subdivision Code and therefore unanimously recommended approval subject to 5 conditions of approval. WHEREAS: on March 26, 2007, the City Council received the recommendation from the Planning Commission and agreed that the minor subdivision is in conformance City's Zoning Code and Subdivision Code subject to the 5 recommend conditions of approval. WHEREAS: the property shall pay a park dedication fee of $5,250 to the City of Arden Hills prior to filing the minor subdivision with Ramsey County. NOW THEREFORE BE IT RESOLVED: That the Council of the City of Arden Hills approves the minor subdivision at 1401 Skiles Lane subject to 5 conditions of approval in Planning Case 07-005. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THE 26th DAY OF MARCH, 2007. Stanley Harpstead, Mayor ATTEST: Michelle A. Wolfe, City Administrator Attachment 4D-3 Report to the Planning Commission Available online at: htto:/ /www.cLarden-hiIls.rnn.us March 26,2007, City Council Meeting