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Home My WebLink About08-06-08-PCChair Clayton Larson Commissioners Andrew Holewa EN HILLS 1245 W. Highway 96 Arden Hills, MN 55112 Liz Modesette _ 651.792.7800 Daniel Reiff Arden Hills www.ci.arden-hips.mn.us Janet Stodola Roberta Thompson Planning Commission Clayton Zimmerman August 6, 2008 r City Vision A strong community that values our unique environment, our fiscal soundness, and our tradition as a desirable city in which to live, work, and play. Agenda Regular Planning Commission Convenes 6:30 PM Call to Order 1. APPROVAL OF THE AGENDA 2. MINUTES A. July 2, 2008 Regular Meeting 3. PLANNING CASES � A. Planning Case 08-019; Minor Subdivision, Lot Consolidation, and Rezoning; 1330 Indian Oaks Circle; City of Arden Hills —Public Hearing 4. UNFINISHED AND NEW BUSINESS 5. REPORTS A. Report from the City Council B. Planning Commission Comments and Requests 6. ADJOURNMENT A quorum of the City Council may be present at this meeting. Planning Cases are available online at: http:/Iwww.ci.arden-hills.mn.uslplanningcases ,,--ARQEN HILLS MEMORANDUM DATE: August 6, 2008 PC Agenda Item 3.A TO: Planning Commission FROM: Meagan Beekman, Planner I SUBJECT: Planning Case #08-019 City of Arden Hills Minor Subdivision, Rezoning, and Lot Consolidation 1330 Indian Oaks Circle & PID #22 30 23 42 0007 ATTACHMENTS: A — Air photo and location map B — Photographs of the site C — Survey Requested Action The City of Arden Hills is requesting a minor subdivision and lot consolidation to subdivide a 1,011 square foot portion of a 6.67 acre (72,745 square feet) City owned parcel and consolidate it with a residential property located at 1330 Indian Oaks Circle. In addition, the City requests that the subdivided portion be rezoned from I-1, Limited Industrial, to R- l , Single Family Residential. Background 1. Overview of Request The home located at 1330 Indian Oaks Circle was constructed in 1983. In 1986 the home owner applied for a permit to construct a pool, deck, and fence in the rear yard of the property. No survey or drawing was submitted at the time; however, the permit was approved by the City and the pool, deck, and fence were constructed. In August of 2005 the home owner applied for a permit to construct a sunroom off the rear of the existing dwelling. The permit was approved, and while conducting inspections of the City of Arden Hills Planning Commission Meeting for August 6, 2008 IlMetro-inet.uslardenhillsiPlanninglPlanning Cases 12008108-019 Arden Hills Minor Subdivision, Lot Consolidation, Rezoning (Pending) 1080608 - PC Report - Subd, Consolidation, Rezoning.doc Page 1 of 6 project, the Building Official discovered that the fence and a portion of the pool crossed the rear property line and encroached on the parcel to the south. The parcel to the south is owned by the City. It has a trail that runs east to west that is ten feet to the south of the existing fence and approximately 20 feet to the south of the existing property line. The parcel is also adjacent to the Boston Scientific Campus and is currently zoned Industrial. When the encroachment was discovered, Staff contacted the record owner of 1330 Indian Oaks Circle and informed that owner of the situation. Over the next year, that property was sold and the City attempted to contact and work with the new property owner, with little success. In early 2007, that property was foreclosed. At about the same time the City commenced a lawsuit against the then current record owner. Upon the completion of the foreclosure, the complaint in the lawsuit was amended to add the mortgagee as the current owner. Settlement discussions were initiated, which discussions resulted in a tentative settlement. That tentative settlement has been approved by the City Council. The tentative settlement requires the City to subdivide the portion of land owned by the City over which the encroachment has occurred, and consolidate it with the property at 1330 Indian Oaks Circle. The City would then convey the subdivided land to the current owner. In return, the current owner will pay the City $259000. As part of the application, the portion of the land that is to be consolidated must be rezoned from Industrial to Single Family Residential. The result of the subdivision and lot consolidation will be to eliminate the pool and fence encroachment and bring the property located at 1330 Indian Oaks Circle into conformance with the Zoning Code. No variances are required or would be needed for the subdivision or lot consolidation. Other than the encroachment, the property at 1330 Indian Oaks Circle meets all other zoning requirements. 2. Site Data — PID #22-30-23-42-0007 Industrial Right -of -Way I-1: Limited Industrial District ::::..::.:.::.::.::.::.::::.::.::.:::.:.:::::::::::.:::.::.:...::::::::::.:::.::.:;:::.:;::.::.::.::.::.;::.:::::::::::::::...:.::::.:::.:.::::::::::.::.:: ::.::...::::::::::::::::::::::::::.::::.::......:.:::.:.::.:::.:......:::::::::::::::::::::::::::::::::.::.::::.::.::.::.::.::.:::::::::::: 1.6 7 acres 72 745 square feet q The property �Y generall slopes down toward the water 3. Site Data —1330 Indian Oaks Circle City of Arden Hills Planning Commission Meeting for August 6, 2008 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12008108-019 Arden Hills Minor Subdivision, Lot Consolidation, Rezoning (Pending) 1080608 -PC Report - Subd, Consolidation, Rezoning.doc Page 2 of 6 4. Surrounding Area Plan Evaluation 1. Zoning Ordinance ~Meets Requirements The proposed minor subdivision and lot consolidation would be in the R-1 Single Family Residential District and would meet all of the districts lot requirements. 2. Subdivision Code — Meets Requirement Section 1150.03 of the City Code lists the following evaluation criteria for minor subdivisions of unplatted property. Rather than being required to be entirely replatted, the subdivision may be allowed to be accomplished by means of a survey or registered land survey provided that the following requirements have been met: 1. Minimum Lot Area s Low Density Residential R-1: Single Family Residential Single Family Detached North & & Residential Single Family Industrial I-1 Limited Industrial District & 5. Floor Area Ratio F.A.R. 0.3 6. Lot Covered by Structure Light Industrial South Industrial I-1 Limited Industrial District Light Industrial East Low Density Residential R-1: Single Family Residential Single Family Detached Rear Yard(Accessory) 10 Side Yard Interior - Principal (Min/total both yards on lot) Residential Side Yard Interior - Accessory Low Density Residential Side Yard Corner Single Family Detached West & R-1: Single Family Residential Residential Park & Outdoor Sport/Recreation Plan Evaluation 1. Zoning Ordinance ~Meets Requirements The proposed minor subdivision and lot consolidation would be in the R-1 Single Family Residential District and would meet all of the districts lot requirements. 2. Subdivision Code — Meets Requirement Section 1150.03 of the City Code lists the following evaluation criteria for minor subdivisions of unplatted property. Rather than being required to be entirely replatted, the subdivision may be allowed to be accomplished by means of a survey or registered land survey provided that the following requirements have been met: 1. Minimum Lot Area s (SF per Dwelling Unit) Single Family 145000 3. Minimum Lot Size (ft, width/depth) Single Family 95/130 4. Height ft. 35 5. Floor Area Ratio F.A.R. 0.3 6. Lot Covered by Structure 25% 7. Min. Landscape Lot Area 65% 8. Minimum Building Setbacks ft Front yard 40 Rear Yard (Principle 30 Rear Yard(Accessory) 10 Side Yard Interior - Principal (Min/total both yards on lot) 10/25 Side Yard Interior - Accessory 10 Side Yard Corner 40 1. The resultant parcels abut on and have access to an existing public street, road, thoroughfare or highway; 2. The subdivision will not involve the opening, widening or extension of any public or private street, road, thoroughfare or highway and will not involve the dedication, reservation or construction of any type of public utility; 3. The subdivision will not obstruct future streets which have been planned by the City; City of Arden Hills .Planning Commission Meetingfor August 6, 2008 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12008108-019 Arden Hills Minor Subdivision, Lot Consolidation, Rezoning (Pending) 1080608 - PC Report - Subd, Consolidation, Rezoning. doc Page 3 of 6 4. The subdivision will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located; 5. The registered land survey conforms in all respects to the provisions of M.S. § 508.47 (4), as amended, and the terms of which are incorporated herein by reference. 6. Monuments or stakes shall be placed and installed at all corners and angle points of the resultant parcels; 7. The resultant parcels will not have setbacks and dimensions less than those required in the zoning ordinance, as amended; 8. Drainage and utility easements along lot lines and any other easements required by this chapter. 9. A grading plan with drainage calculations shall be submitted if required by the city engineer. 10. The subdivider has complied with the requirements of this chapter which the planning commission or City Council have made the subdivision by registered land survey or survey specifically subject to. Findings of Fact Staff offers the following eighteen findings of fact regarding this proposal: 1. The existing .34 acre residential property is a conforming lot in the underlying R-1 Zone. 2. The existing pool and fence on the residential parcel currently encroaches on City owned land. 3. The 6.67 acre City owned parcel is zoned I-1, Light Industrial. 4. The portion to be subdivided, rezoned, and consolidated is 1,011 square feet. 5. The consolidation would bring the residential property into conformance with the Zoning Code and eliminate the encroachment. 6. The purpose of the subdivision, lot consolidation, and rezoning is to complete and conform to a legal settlement between the City and the property owner. 7. The 1,011 square foot portion being rezoned from I-1 to R-1 is in conformance with the comprehensive plan and is not injurious to the public welfare. 8. The residential parcel abuts on and has access to an existing public street. 9. The subdivision and consolidation will not involve the opening, widening or extension of any public or private street, road, thoroughfare or highway and will not involve the dedication, reservation or construction of any type of public utility. 10. The subdivision and consolidation will not obstruct future streets which have been planned by the City; 11. The proposed subdivision will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. 12. The land survey conforms to all requirements. 13. Monuments and stakes have been placed and installed at all corners and angle points of the residential parcel and consolidated area. City of Arden Hills Planning Commission Meeting for August 6, 2008 IlMetro-inet.uslardenhillsIPlanningIPlanning Cases 12008108-019 Arden Hills Minor Subdivision, Lot Consolidation, Rezoning (Pending) 1080608 - PC Report - Subd, Consolidation, Rezoning. doc Page 4 of 6 14. The resulting residential parcel will meet all setback and lot dimension requirements of the zoning ordinance. 15. No drainage and utility easements are required along the proposed lot lines. 16. No grading plan is required. 17. The proposed subdivision is in conformance with the Subdivision Code. 18. The proposed subdivision is not subject to the City's park dedication fee. Staff Recommendation The proposed Minor Subdivision, Lot Consolidation, and Rezoning meet all requirements of the City's Zoning Code. The application is part of a City Council approved legal settlement between the City and the mortgagee holder of the property. Staff recommends approval of the Minor Subdivision, Lot Consolidation, and Rezoning based on the findings of fact. The City Attorney has reviewed this report and concurs with the Staff recommendation. The recommendation for approval is subject to the following condition: 1. The City shall file the minor subdivision and consolidation with the Ramsey County recorder. Options The request for the minor subdivision, lot consolidation, and rezoning are contingent on one another; therefore, Staff has crafted the motion language to include all three. 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 08-019, for a Minor Subdivision, Lot Consolidation, and Rezoning for PID #22-30-23-42- 0007 and 1330 Indian Oaks Circle, based on the findings of fact and the submitted plans, subject to the condition in the August 6, 2008, Report to the Planning Commission. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 08- 019, for a Minor Subdivision, Lot Consolidation, and Rezoning for PID #22-30-23-42-0007 and 1330 Indian Oaks Circle, based on the findings of fact as submitted in the August 6, 2008, Report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case 08-019, for a Minor Subdivision, Lot Consolidation, and Rezoning for PID #22-30-23-42-0007 and 1330 Indian Oaks Circle, based on the following findings: findings to deny should include specific reasons related to the Subdivision Code and/or Zoning Code. 4. Table: Motion to table Planning Case 08-019, for a Minor Subdivision, Lot Consolidation, and Rezoning for PID #22-30-23-42-0007 and 1330 Indian Oaks Circle in order to obtain the City of Arden Hills Planning Commission Meeting for August 6, 2008 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12008108-019 Arden Hills Minor Subdivision, Lot Consolidation, Rezoning (Pending) 1080608 - PC Report - Subd, Consolidation, Rezoning. doc Page 5 of 6 following information: a specific reason and information request should be included with a motion to table. Notice Minor subdivisions and lot consolidations of unplatted lots do not require a public hearing or public notice; however, a public hearing is required for a zoning change. Notice was published in the local newspaper and sent to residents within 350 feet of the subject properties. Resident Comments At this point, Staff has not received any letters, e-mails, or telephone calls from property owners or occupants in regard to this planning case. Deadline for Agency Actions There is no statutory deadline for the application. Attachments A — Air photo and location map B — Photographs of the site C — Survey City of Arden Hills Planning Commission Meeting for August 6, 2008 IlMetro-inet.uslardenhillsOanninglPlanning Cases 12008108-019 Arden Hills Minor Subdivision, Lot Consolidation, Rezoning (Pending) 1080608 - PC Report - Subd, Consolidation, Rezoning.doc Page 6 of 6 Attachment A Air Photo and Location Map, 'It �R�EN HILLS August 6, 2008, Planning Commission Meeting IZWI O � w o � N o" U � OU �, cd N .O cd cd U cd cd N U to • Qy 0 Cd "Cl O H CIS �I A 00 04 O Op O'= N Attachment B Photographs of the site ,!tt EN HILLS August 6, 2008, Planning Commission Meeting iC ;:�6 '. ;:. R .� ,,: ,e• ..:. 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J x : r l;. ;{ }v \ \ Attachment C Survey ,!tt EN HILLS August 6, 2008, Planning Commission Meeting ,; GUNN I FF Tlndlan��:OA ....... ....... of Arden F Ll ffvtvsm� ""121 �� I I M -11"s ".0 t �I�EN HILLS MEMORANDUM DATE: August 6, 2008 PC Agenda Item 59A TO: Planning Commission FROM: Meagan Beekman, Planner 1 SUBJECT: City Council Planning Case Update The City Council reviewed the following Planning related cases at their July 14, 2008 meeting. PC# 08-018 — Site Plan Review —1924 Grant Road The City Council voted 3-1 to approve the site plan review for a 988 square foot detached garage at 1924 Grant Road. At their July 2, 2008, meeting the Planning Commission unanimously recommended approval of the planning case. The Council did not amend any of the conditions recommended by the Planning Commission. PC# 08-021— 2030 Comprehensive Plan Update The City Council unanimously approved releasing the 2030 Comprehensive Plan Update to the Affected Governmental Units for Review. PC# 08-005 — Traverse Business Center Final Plat and Vacation — CMK Arden Holdings The City Council voted unanimously to vacate several easements and a right-of-way on the Traverse Business Center site so that the next phase of building design could take place. Additionally, the Council voted 3-1 to approve the preliminary and final plat as well as the park dedication plan. As part of the final project, CMK Arden Holdings will construct a sidewalk in the right-of-way along Gateway Boulevard and complete $153,000 worth of on-site recreational amenities in order to meet the park dedication requirements. At the March 5, 2008, meeting the Planning Commission unanimously recommended approval of this planning case. City of Arden Hills Planning Commission Meetingfor August 6, 2008 \\Metro-inet.us\ardenhills\Planning\Planning Commission\CC Reports\080608 - PC report - CC report.doc Page 1 of 1 PC# 08-020 — Variance —1518 Briarknoll Drive The City Council voted unanimously to deny the variance request to construct an attached garage that would encroach five feet into the side yard setback at 1518 Briarknoll Drive, finding that the property was not unique to the City and the project was not in keeping with the character of the neighborhood. The Planning Commission voted 6-1 to recommend denial of this planning case at the July 2, 2008, meeting. The City Council held three worksessions on July 14th, July 16th, and July 21 st to discuss the financials, the master plan, and the naming of the TCAAP property. The City Council did not review any planning cases at the July 28, 2008, Council Meeting. In December of last year the Planning Commission voted on when the three year terms would begin for each commissioner in order to ensure that the terms would be tapered. The following chart indicates the Planning Commission tenures for the next three years: PC Term Appointments Reappointment in 2011 Reappointment in 2010 Reappointment in 2009 Roberta Thompson Andy Holewa Liz Modesette Janet Stodola Clayton Zimmerman Clayton Larson Daniel Reiff Dave Sand Alternate City of Arden Hills Planning Commission Meeting for August 6, 2008 \\Metro-inet.us\ardenhills\Planning\Planning Commission\CC Reports\080608 - PC report - CC report.doc Page 2 of 1