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Home My WebLink Aboutpf_03072 .. 011 J. ... Ju1-1 6-99 11 laou FrOll"'t.fAGlfR' GEER +mmB3B4 T-161 P .03/08 F-J6I 7-1 <;'~1q NIl F(JJ1I\ No. Z7-M - QU1T CLAIM: DbJ> I Mi_DIIl Uniform. C~ BIaDb """-Do'" c... SL""" i I IDdinclu1(d) \0 InIUvtdua1(I} No ddi1tquetd. ~ and tnmfer euwcd; Certificate of Real EsnIre Value ( ) fi!.e4 ( ) not required. CerrlftCIl1.e of P.cal Estate Value No. Date coumy Auditor by; Deputy DEED TAX DUE;. Dare: _ $14 ~'i l~ IiJf '"""RlliIr dolo) FOR V AJ..UABLE CONSIDERA nON, J~I1'I@J. M :>rl1r~P.' A1:Id DclInrnh J Scl1ttier, hURb~nvn(\ wife. . GrantDI(s). (maD!>L _J bl:l;eby convey(s) aru1 qulrclaiIn(s) to Rondd E Dnll~ and SIl~an M Dolle. hu~ban.d !In<! wiff; B!I joinT T~~11TI1 . Grantce(s), real propmy in R1~UO;Y County. Minnesota. <IesallIcd as folloW!: That part of LoI 4, mock. 1, ROCHAT'S ADDITION. Ramsey County. MiDDMotl described as commenciJIg at the Northwest coma' of said Lot 4; dlcnte 011 an assumed. bearing of Sowh 90 Ik~ 00 mUmtt:$ 00 ~ ~. along the Nom lin~ of said Lot 4. SO.21 1m to the point of beg.I.nnln,i of the pirc:eJ to be deSCribed; d\eDCC continuing 50mb. 90 degreal 00 mlnntcs 00 secondS Easl 30.00 feer; thence Sauth 02 I1egrca O'llD1nures 02 6econds West 6.42 feet; !hence North 87 dcareeJ 57 minutes S8 secondS West 30.07 feet; Ih~ Norlh 02 degrees 02 minutd 02 secont1s East S.3~ feet 10 the point of beginning. togedter wIth aU hercditamcnl$ and appurtenanres. Check box If applicable; . fJI The SeUer ~nifies that t/le sella: dOts nO! know of any wells on the: dt!;etibed rtal properlY. o A well di9closU11:l cenifi~t~ ao:mnpanies thh document. o r 8m famtti3r with the propcrt}' de.scribetllfl t1W Instrument and 1 . Ihat the Status ana number of wellli on Ihe lIt:SCrlbt:d n=al propcny have IIOt chaf1ged since tb~ last previ Iw well disc10Sllre Icat6. Affilt Deed Tn Stamp Here STATE OF MTNNER.OT A. } C01JNTV OF ~s~ It. . Thi$ instrument was lIclrnowle~ befOre ;me 011 a.pr \ \ \ '\ i \ q '\ " (J)jota) by lameR M. Schreier Jlnd Dehol'llh T ~d1reler 1T11!1l1Rnd Rnd wifu I . OnnlOr(S). ___,_,,_n~__ -j} 1..uj -Ct. ~. Ie '~~J ~_::='==~~Q tu $\0._ ro. tbo "",( p"'I""'\J dc:oicribod iD l1li1 ~ allliDld bo ow \0 (JtMI1>>~ IIIIIM ind .d....... oI'Ora->: "I Iii:' t:-.:!t.1 illill"tl'.e"'ll.r...A.~ I:JINo\rrt'n RV ,...".....1Y.A...~u ....lmu!";~9 Mr. and Mrs. RoD Dolle 3096 NOM Cleveland Ro&c:viUe. MN ssm, S~M. Miller Meagher &: Geer. P.L.L.P. 4ZOO MultlfoodJ Tower 33 South Sixth Street: Minneapolis. MN 33402- (612) 33&-{)661 File No. :53684-1 -.--........................--- - - ~,/;~ ~ \ J 'Z~~ z:r ~ , ~t;;~6i ~~ z ~ ~~~~ <; ~ h 0 i5~~~ ":' i5 2 ~ ~ Q:;~3!!! :: iq ~ 2 g~ UJ" . .. ,.. >-_ ~Hn ~ ~8 1::1 >... ~"" ~~ Cf)'"' ~ ""~ O~ ~l ~ to' ~ j".. ~ 'k~ !: ....-- ~ !?~- 1;: ~~ Q ~~ . :t' " t1 $. 2".) ) ;~.i! ~ \) ~d~.!I s>,tEg Od'9.'" it:' u.-t. 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Z Vol iC/"J::f ~ 00 . .....s ii ~~ ir:H~ . <to g~~~1 ~ u< .:(15.00- ~ U'j v.. ~ c: ci .... -1'~'" .s 0.':< .:.c ~.:~ tiI~ ~5 H-M~ J1'H SO .-~B~.51s ;~-5j5~8;...t,,) "'~'i'aj;::; a~ ~ i' ~.!I !; <>8J'~5 t" .:0 Q. ...,. ri' R.a:: o..I-.;;.-'!5 !.s f:3{!.~!jj'g~s~ l-'2.\ q i ,0 .. ~ l. < -, ~:~ " ... '" ~ ". u ~ ~ . ~ .. Jul-16-9B 11 :GOam From-MEAGHER & GEER +6123388394 T-167 P.OI/03 F-161 l\ffiAGHER & GEERp.L.L.p Attorneys at Law 4200 Multifoods Tower 33 South Sixth Street Minneapolis, Minnesota 55402 ............ ~ L ;t-'-l>~ \" \ \...~ \1K'~ ..~~ ~~~1r- 7~ f6 ..c'l9 Main Telephone: (612) 338-0661 Telecopier; (612) 338-8384 TO: Doug Strong City of Roseville FAX NO.: 651-49()..227S FROM: Karl J. Yeager DATE: July 16, 1999 NO. OF PAGES: --2- (Including Cover Page) RE: Our File No. 53684-1 MESSAGE: See attaehed IF YOU DO NOT RECEIVE ALL OF THIS TRANSMISSION, PLEASE CALL ROSIE AT (612) 347-9123. 1b~ mSfi;8\ffi is jntent1~ only for the use of the individu~ ar enJitv to wbich it is addressed and.may contain informatioq that is ~. amfldeatlal and/or I'!.'rempt from di<;cl~urt: Dudei' applicable law. If the reader of thB ~ .is DOt. the illtellded recipient, yon are bel'eby notified that any disseminaljon or disuibution of 1bb communic:atiop to other 1:b8n the iuteIIdM recipient is sttU:dy prohibited. H yQ\1 have received tbis communication in emD", please notify US immecUa!eIy by mJIect tdepbooe at (612) 338-0661, and remm the origiQa1 message to D$ at the above address . U.S. Mail. ThaDk you. - PLEASE DELIVER IMMEDIATELY - 733082 . Jul-16-g9 11:00am From-MEAGHER & GEER +6123388384 1-161 P.Q21n3 F-161 )~Ib,q 4200 M....LTI1tX)t!S Towm 33 Sourn SIXTH SraeFr MINNEhPOUS, MINNESOT^ 55402 TWf>t<<)NE; (612) 338.(1661 FACSIMILE: (612) )38-8384 SoIIII:" ~Nr.o~KI~ t... inMJdllam. /IbtII1:WaIa. w-.. ~.~.~New'(GIk. To<mS_~ 1)irec:t Dht! NC).: l6\2) 341~?lOS Internet KYEAGER@meaper.cOlJl July 16. 1999 Doug Strong City of Roseville 2660 Civic Center Drive Roseville. MN 55113 VIA F ACSIMlL.E A.I\fD U.S. MA~ Re: City of RosevilIe/Charles Cabinet Company, IDC. PI"pned Unit Development Agreement Our File No. 53684-1 Dear Mr. Strong: At our clients' requ~ I have attached and enclosed a copy of the: Quit Claim. Deed trom Scbreiers to their neighbor conveying the portion of land identified in the City's lot split approval. I understand that" after you have reviewed and approved the deed. you will forward this matter to Planning. which will review it prior to our cliems execution of the PUP Agreement. If there is anything further you need to E:JCpedite this ma.tter so our clients can sign e<u'ly next. week, or if there is anyone else to whom 1 should forward a. copy Qfthe deed or any other infonnatiotl, please can roe. Thank you for your cooperation in expediting this matter. Respectfully. /---? f" Karl J. Yeager KJY;rr:732971 c: Jim and Deb Schreier 10 Planning May 1999 . Home Bodies Zoning rushes to catch up with home- based businesses. By Julie Bennett After years of liv- ing in fear of zon- ing officials, Stanley and Maria Janusz have found nirvana, a one-mile-square community on the New Jersey shore where home occupations are loosely regulated by eight lines in the local zoning code. Of the 12 houses on the Januszes' block on Chestnut Avenue in Island Heights, New Jersey, five are occupied by individuals who work full-time at home: a potter, a mason, an Amway saleswoman, a title re- searcher, and theJanuszes, who - -- p p L R viduals were working at home in 1997, when the bureau com- pleted its last Current Popula- tion Survey of home-based busi- nesses. About half of these provide services to other busi- nesses or individuals. Another two-fifths, or 1.7 million work- ers, are managers or profes- sionals, while the remaining home-based workers are in con- struction or the retail trades. The number of people work- ing at home is growing. "Today's technology is mak. ing it easier and easier to run an entire primary business or a satellite office from home," says Steven Elrod, a Chicago attorney with Burke, Weaver & Prell who acts as counsel to several Illinois municipalities. As every planner knows, today's residential neighbor- hoods were not designed for such enterprises. "We have businesses sprouting where they were never intended to be,' Elrod says. Residential streets are generally not wide __________ __.___ __u__ A A N C N T cur behind picket fences. Elrod says that even seem. ingly innocuous home-based businesses can cause problems: "In one community, we had a young mother creating designs for bibs and baby clothes. When she installed a huge screen- printing press in her basement, noise and toxins drifted into her neighbors' backyards.' Old laws, new businesses Zoning laws written in the 1940s and 1950s that allow only doctors, dentists, lawyers, milliners, and dressmakers to work from home have their own down side for today's telecommuters. When Stanley and Maria Janusz started their business in a rented bunga- --- ?F~T]~ -- I I N G C E > \ I qq low in another New Jersey town, they did so in violation of local zoning laws. "No clients ever came to our house, we had no sign on the door, and we used a post office box to cut down on home deliveries,' Janusz says. "But if someone who had to com- mute 100 miles a day didn't like the idea of our working at home, all he had to do was call up the zoning board and put us out of business.' All across the country, cit- ies are pushing to correct home- based business disparities. Elrod, who lectures attorneys nationwide on the subject, urges communities to write zoning regulations that allow home occupations so long as Stal/ley (11/{11\l1/t.it, jw,usz and La[lrie anti Richard ,\lallct) I. .L-4!L p p L R A A N T N C they can't be heard, seen, smelled, or otherwise detected by neighbors. Newly drafted ordinances run from the restrictive, which set absolute limits on the size of home-based businesses and ban signs, commercial vehicles, and outside employees, to the liberal, as in Island Heights. In that community, the zon- ing code includes a paragraph that covers all the bases. The key sentence: "Nothing. . . shall prevent the use of a minor part of a dwelling house for an office or studio" I I N C G E 11 Zoning laws written in the 1940s and 1950s have their own down side for today's telecommuters. Azzolina in June 1998, would prevent municipalities from 'over-regulating or placing bur- densome obstacles in the way of home-based businesses." The bill, which has passed in the assembly and is now pending before the state senate, allows home-based businesses as ac- cessory uses in all dwelling units and waives variance require- ments unless a business ex- ceeds certain standards. "Basically, the law would allow any activity for pecuni- ary gain to take place in a residential area unless it's ille- gal, n says Joseph Doyle, ex- ecutive director of New Jer- sey Planning Officials, a 50-year-old organization that Ahead of the curve New Jersey is the first state to address home-based businesses statewide, according to the Home-Based Business Council in Neptune, New Jersey. The controversial Home-based Busi- ness Promotion Act, introduced by assemblyman Joseph represents 700 zoning and plan- ning boards. "Municipalities have been able to control cottage indus- tries for many years,. says Doyle, whose organization is opposing the bill. "A state law that identifies all homes as places of commerce would re- sult in chaos. It would mean that your neighbor could open an adult book store in his base- ment and you could do noth- ing to stop him. " Nonsense, says Christopher Hansen, founder and president of the Home-Based Business Council: "The bill would sim- ply legitimize businesses con- ducted now by residents who are scared to death of zoning officials. . Hansen speaks from personal experience. For several years he ran a home-based commer- cial office products business in a community that forbids such activity. "I couldn't do anything that would shine a spotlight on the fact that 1 was home during the day-like join the volunteerfire department: he says. Another opponent of the bill, Michael Sullivan, a planner with Clarke, Caton & Hintz in Trenton, says that the mea- sure ignores the diversity of the state's communities. Ocean 12 Planning May 1999 p p L R A A N C N T We wanted to protect the cOllllllunities' quaint charm while not precluding legitimate businesses. City, where he has served as director of planning, was a 19th century Methodist camp colony and, in some parts of town, houses are only eight feet apart, leaving "little room for tolerance." A second New Jersey bill, introduced by assemblyman Joel Weingarten and now in committee, would allow busi- nesses "of an office nature only" as permitted accessory uses so long as they are operated solely by their occupants, have no customers, use no loud, odor-creating equipment, and attract no more deliveries than neighboring houses. This bill is supported by the New Jersey State League of Municipalities, says senior legislative analyst Christopher Carew. Weingarten's bill, Carew says, would cover some- one working at a home com- puter, fax machine, and tele- phone, but would prohibit all manufacturing, retail, and warehouse operations, no mat- ter how small, without addi- tional zoning scrutiny. The issue has become highly politicized, with supporters and opponents of the Azzolina bill dividing along party lines. If the state senate fails to pass the Azzolina bill during the current legislative session, Hansen says his group will "circulate a statewide petition demanding the right to work at home." Another tack That degree of excitement sur- prises planners in nearby Bucks County, Pennsylvania, where a model home-based business zoning ordinance they created in 1994 at the request of six small communities has been adopted by only three of them. Bucks County is a mostly ru- ral area nestled between Phila- I I N C G E delphia and Allentown, whose 54 communities are too small to employ full-time planners. Instead, the 20 professionals on the staff of the Bucks County Planning Commission, in Doylestown, act as their con- sultants and help them draft comprehensive plans and zon- ing ordinances. The six townships and bor- oughs and one community school district that make up the Quakertown Area Plan- ning Committee had two rea- sons for asking the Bucks County planners to revise their 1975 zoning provisions cover- ing home-based occupations. "We wanted to protect the com- munities' quaint charm while not precluding legitimate busi- nesses that have no negative impact on their neighborhoods," says Maureen Wheatley, a plan- p p L R N T A A N C ner with Bucks County. According to the model or- dinance, "a home occupation must be conducted within a single-family detached dwell- ing which is the bona fide resi- dence of the principal practi- tioner,' and may use up to 25 percent of the ground floor. The ordinance then sets spe- cific use standards, with lim- its on outside employees, num- bers of customers or clients, and required parking spaces for each category. Beauty and barber shops are allowed as conditional uses provided they have no more than two chairs and employ only one nonresident em- ployee. A tutor may teach math or reading to four students at a time, but a music instructor must limit his or her classes to two students. A craftsman who I I G E 13 A tutor IDay teach math or reading to four students at a time, but a music instructor"must limit his or her classes to two students. builds furniture in his garage may employ one helper and is allowed to sell finished prod- ucts from home. Homeowners may not repair cars or trucks on their property but are al- lowed to open repair shops for "appliances, lawn mowers, N C watches, guns, bicycles, locks and small business machines.' The ordinance, with a few minor tweaks, has been adopted by Haycock and Milford town- ships and Trumbauersville Bor- ough. Later this spring the or- dinance will also go into effect in Richland Township. Assis- tant township manager Layne Turner says, "This ordinance gives us a lot of discretion. If an issue comes up, we'd rather err on the side of the indi- vidual who has the small busi- ness. " Richland Township !pop. 9,543) does not require per- mits for home businesses, but will issue one, free of charge, to any home-based entrepre- neur who asks for it. We'll permit that Home occupation permits are required in Richfield, Wiscon- sin !pop. 10,000), as a way to legitimize long-time businesses and to close down unwanted ones. According to Richfield's planning and zoning adminis- trator, Jeffrey Retzlaff, AICP, the once-rural community had not updated the home busi- ness section of its code since 1956 "and we knew we had a lot of businesses operating here that weren't even close to con- forming. " Many of those were well- drillers, landscapers, and con. struction company owners op- erating their businesses on former farms. "Rather then peg these home business owners as violators, we decided to sur- vey what people were doing now, then craft a new set of rules and regulations around those uses," Retzlaff says. There is one exception. To the surprise of local officials, Retzlaff's staff learned that 18 local residents had federal per- mits to sell firearms from their homes. The new ordinance, adopted in 1998, prohibits the resale of guns and gun pow- der, but Retzkaff says he has no plans to inform the viola- tors himself. Federal firearm permits require the sanction of local governments, and Richfield has told the FBI that it will no longer allow such enterprises. "It will be a hot issue when the first federal license comes up for renewal," Retzlaff says. Those who want to conduct a home business in Richfield must apply for a "minor" or "major" home occupation per- mit. The ordinance does not list specific occupations, but provides performance stan- dards for each category. For $25, Retzlaff's office will is- sue a minor permit to any busi- i4 Planning May 1999 p p L R A A N C N T I I N C G E tower became the city plan- ner in Escalon, California [pop. 5,500), two years ago, that Cen- tral Valley community had a home occupation zoning ordi- family residence generates in a day. "This meant that a con- sultant, who might make two additional trips to see clients during the day when streets are at their lowest traffic lev- els, would have to close shop," Hightower says. "We knew the number of telecommuters is increasing every year, and we decided to stop throwing up hindrances against them." Instead, Escalon last year adopted a two-page home oc. cupation use permit form, on which home-based entrepre- neurs agree to meet nine spe- cific conditions: Only those living within the home may be employed; no sign can ex- ceed two square feet; no retail To the surprise of local officials, staff learned that 18 local residents had federal perm.its to sell firearm.s from. their hom.es. ness conducted entirely within a residence; that means it can- not have outside storage or more than two nonresident workers employed there simul- taneously. Major permits are available for home occupations that em- ploy up to five workers, pro- vided that all activities take place within the home or in an enclosed accessory building. Outside storage of materials and vehicles is allowed if the areas are screened from neigh- boring homes. Since each ma- jor permit requires separate zoning board approval, appli- cants must pay $500 into an escrow fund to cover inspec- tion and legal fees. Once issued, both catego- ries of permit run indefinitely, as long as the business and its ownership remain unchanged. "It would have been easier to draft a tougher ordinance and say no to many existing busi- nesses," Retzlaff says. "What we've created will require more effort on our part to enforce, but it was necessary to keep these opportunities open." Update needed Other communities have also adopted creative approaches to the home-based business dilemma. When J.D. High- nance left over from the 1960s. The old ordinance banned any home business that trig- gered more than 10 vehicle trips-the average that a single- p p L R A A sales are allowed; no "nuisance by reason of noise, odor, dust, vibration, fumes, smoke or other likely causes" may be created; and so on. "We have a lot more impor- tant things to do here than to nitpick over home occupa- tions," Hightower says. Squeaky wheels As home occupation zoning codes vary from community to community, so do the lev- els of enforcement. Many com- munities, like Escalon, choose to enforce zoning ordinances only if a neighbor complains to city hall. In smaller towns that rarely happens, says Layne Turner, the assistant manager of Richland Township, Penn- sylvania. "Most of our resi- dents know each other and handle issues with phone calls," Turner says. Utica, New York [pop. 60,0001, passed a zoning code in 1994 that requires major or minor home occupation per- mits for homeowners practic- ing a specific list of vocations, "but we don't pursue them," says R.j. Hevier, the city's deputy commissioner of ur- ban and economic develop- ment. "Our mayor is very busi- ness friendly and supportive of home business start-ups be- ~~-- N C N T I I G E 15 We have a lot more important things to do here than to nitpick over home occupations. cause many owners end up expanding and buying prop- erty downtown." Glencoe, Illinois jpop. 8,5001. a Chicago suburb, has regu- lated home businesses with the same simple ordinance since the 19705, says develop- ment director John Houde. In recent years only three cases have required official inter- vention-a financial planner who employed a nonresident as a secretary; an importer who sold items out of his basement; and a couple who advertised every piece of antique furni- ture in their house in the local paper. In the latter case, vil- lage officials saw the ads and the traffic they generated and told the couple to stop; in the first two, the home business Resources - - -~ -- Sample ordinances: Island Heights, New Jersey: 732-270-6415; BucksCounty.Planning Commission: 215-345-3400; Utica, New York: 315-792-(1181; Escalon, California: 209-838-4105; Richfield, Wisconsin: 414- 628-2260; Richland Township, Pennsylvania: 215. 536-4066_ .. Other contacts: New Jersey League'of Municipali- ties: 609-695-3481; New Jersey Planriing Officials: 908-412-9592; Home-based Business Council; 732- 776-6496. .." N C operators were turned in by their neighbors. Complaints from neighbors are tricky, Houde says. Zoning officials must substantiate the violation, by observing and in- vestigating, then serve notice on the violators and give them a period of time to cease and desist. Once notified, he says, most home-business owners comply with local zoning codes or apply for variances. In Glencoe, the financial planner closed down his business, and the importer found a commer- cial space to display his wares. Courts generally take the side of communities when home-business owners stretch zoning codes beyond their lim- its. In 1994 a Pennsylvania court upheld a zoning hearing board's rejection of an appli- cation by a landowner who wanted to create 12 additional parking spaces for his home business. And in 1998 a New York court ruled that a fence construction business grew beyond a permitted "accessory use" when the business owner stored materials and machin- ery in open view of his neigh- bors. Courts have ruled in favor of home-based business own- ers when issues concerned zon- ing code definitions of "pro- fessional" or "customary" in. home occupations. In 1991, a New York court overruled a zoning board's refusal to al- Iowa dentist to install a dental chair at home to treat emer- gencies. Jerold Lax, associate profes- sor of urban planning at the University of Michigan and a partner in the law firm of Bodman, Longley & Dahling LLP, says he expects contro- versies over home-based oc- cupations to escalate. "This is a good example of how the law does not serve planning objectives," Lax says. "If com- munities and even states like New Jersey rule that anything legal can be done in your home, there's a potential of under- mining what planning tries to accomplish by maintaining the character of a residential neigh- borhood." But back on Chestnut Av- enue, Stanley Janusz says, "The definition of wor k has changed and broadened. The officials of Island Heights have given us the right to be in business for ourselves. And they've cre- ated a happy, interesting envi- ronment." Julie Bennett is a freelance writer in Northbrook, Illinois. . , y-\Cl..9Cf April 14, 1999 Mr. Ronald Dolle 3096 Cleveland Avenue Roseville, Minnesota 55113 RE: Corrective Subdivision for property at 3096 Cleveland Ave. (PF3072) Dear Mr. Dolle: The purpose of this letter is to inform you that the re-description and corrective subdivision of property you proposed at 3096 Cleveland Avenue, as shown on the sketch survey submitted with your application, and on the final certificate of survey submitted February 11, 1999 was approved by the City Council on March 22, 1998. This was considered a "Re-description and Correction of a Minor Subdivision" as per section 1104.04(0) of the City Code. This portion of the City Code requires review and approval of the minor subdivisions by the City Council, and review and approval of the Certificate of Survey by the City Manager and the Community Development Director prior to recording. This letter is the certificate of survey approval letter of the City Manager and the Community Development Director to proceed with the recording of the survey. The survey and the subdivision ofland meet the City Code Land Use and Subdivision requirements as of the date of Council approval. Attached is an executed copy of Resolution 9638 as adopted by the City Council at their meeting of March 22, 1999. If you have any questions, please feel free to call Dennis Welsch at 651-490-2232. Sincerely, CITY OF ROSEVILLE, by Steven R. Sarkozy City Manager elsch Development Director Subscribed and sworn to before me tiUs _day of .1999. Q:\Planning Files\3072_DolleL CC_SubapprovaJ(0405199).doc 2660 Civic Center Drive -:- Roseville -:- Minnesota .:. 55113 651-490-2200 .) TDD 651-490-2207 3ol.~ Yr-F q 0) AprilS, 1999 Mr. Ronald Dolle 3096 Cleveland Avenue Roseville, Minnesota 55113 RE: Corrective Subdivision for property at 3096 Cleveland Ave. (PF3072) Dear Mr. Dolle: The purpose of this letter is to inform you that the re-description and corrective subdivision of property you proposed at 3096 Cleveland Avenue, as shown on the sketch survey submitted with your application, and on the final certificate of survey submitted February 11. 1999 was approved by the City Council on March 22, 1998. This was considered a "Re-description and Correction of a Minor Subdivision" as per section 1104.04(0) of the City Code. This portion of the City Code requires review and approval of the minor subdivisions by the City Council, and review and approval of the Certificate of Survey by the City Manager and the Community Development Director prior to recording. This letter is the certificate of survey approval letter of the City Manager and the Community Development Director to proceed with the recording of the survey. The survey and the subdivision of land meet the City Code Land Use and Subdivision requirements as of the date of Council approval. Attached is an executed copy of Resolution 9638 as adopted by the City Council at their meeting of March 22, 1999. If you have any questions, please feel free to call Dennis Welsch at 651-490-2232. Sincerely, CITY OF ROSEVILLE, by Steven R. Sarkozy City Manager Dennis P. Welsch Community Development Director Subscribed and sworn to before me this _day of . 1999. Q:\Planning Files\3072_DolleL CC_Subapprova1(0405199).doc @ 3 Q'7:::J- -;; 2-3 ~~9 March 23, 1999 Mr. Ronald Dolle 3096 Cleveland Avenue Roseville, MN 55113 RE: Lot Line Correction - Minor Subdivision Approval Dear Mr. Dolle: Please be informed that on Monday March 22, 1999, the Roseville City Council approved your request for a minor subdivision. This approval allows you to record the certificate of survey as well as deeds to the property you purchased from Jim & Deb Schreier. These documents must be recorded within 60 days from the City Council approval and the City Manager's review of the survey. Further this approval also requires Jim & Deb Schreier to record the new description and certificate of survey for their property within 60 days from the City Council approval and the City Manager's review of the survey. The approval was also conditioned upon obtaining approval of a setback permit for the existing building encroachment. This action will take place on Thursday, March 25 at 3:30 p.m. in the City Council Chambers. Attached is a draft copy of the approved resolution. A signed resolution will be forwarded to your attention for recording with Ramsey County in the near future. Should you have any questions or comments, please feel free to call me at 651.490.2236. Sincerely, Thomas Paschke CITY PLANNER CITY of ROSE VILE Q:\Planning Files\3072 _ Dolle\CC action letter (32299).doc ytL ',0'1 Request For City Council Action Manager Approved: ~~ Date: 03/22/99 Item No: D- 5 Agenda Section: CONSENT Request for Lot Line Correction Minor Subdivision Approval: Ron Dolle, 3096 Cleveland Ave., Roseville (PF3072) 1.0 Requested Action 1.1 Ron Dolle, 3096 Cleveland Avenue North, is requesting approval of a minor subdivision to re-describe and correct a lot line over which a portion of his house was built. The request was continued from the February 22,1999 meeting to the March 8,1999 meetng at the applicant's request. 2.0 Background 2.1 This Ron Dolle request for approval of a Minor Subdivision was forwarded to the Council for action on February 22, 1999. The staff recommended approval, conditioned upon the applicant compliance with a series of conditions. The Council continued this item to the regular meeting of March 8, 1999, however this meeting was rescheduled to the Council's March 22, 1999 regular meeting. 2.2 Section 11 04.04D of the City Code dealing with minor subdivision corrections states: Corrections: When a surveyor description of a parcel or lot has been found to be inadequate to describe the actual boundaries, approval of a corrective subdivision may be requested. This type of subdivision creates no new lots or streets. The proposed corrective subdivision, in sketch plan form, along with a letter signed by all affected owners agreeing to the new subdivision, shall be submitted to the City Council for approval. No hearing or Planning Commission review is necessary unless the proposal is referred to the Commission by the Community Development Director for clarification. The proposed parcels shall not cause any portion of the existing lots, parcels, or existing buildings to be in violation of this regulation or the zoning code. A certificate of survey illustrating the corrected boundaries shall be required on all parcels. Within thirty (30) days after approval by the City Council, the applicant shall supply the final survey to the Community Development Director and City Manager for review and approval. After completion of the review and approval by the Community Development Director and City Manager, the survey shall be recorded by the applicant with the Ramsey County Recorder within sixty (60) days. Failure to record the subdivision within sixty (60) days shall nullify the approval of the subdivision. PF30n - RCA (03/22/99) - Page 1 of 3 2.3 Ron Dolle, 3096 Cleveland Avenue North, completed a Certificate of Survey in August, 1998, and has found that his building addition extends over the south property line of his property. The building is now considered non-conforming and clear title to the property cannot be delivered to potential buyers of the home. He has requested the adjoining property owners Jim and Deb Schreier to sell him enough property to create a 3 foot setback between the Dolle building wall and a new property line. Jim and Deb Schreier have agreed to this correction and will sell the necessary property (approximately 177 s.f.) to provide enough space for the Dolle building and a 3 foot setback from the property line. 2.3 Mr. Dolle must also apply for a setback permit to allow for the 3 foot setback instead of the required 5 foot side yard setback in this developed portion of the community. 2.4 Jim and Deb Schreier, 3090 Cleveland Avenue North, need no setback permits for their existing garage located more than 10 feet from the property line since they are required b have a 5 foot side yard setback in this developed portion of the community. 3.0 Comments And Findings 3.1 As shown by the Certificate of Survey, a mistake was made when the Dolle House was expanded. The house encroaches into the Schreier property by approximately 2.4 feet. Both propery owners have agreed to a solution whereby Dolle will survey and purchase enough property to provide a 3 foot setback from the encroaching building wall to the new property line. This will include approximately 177 s.f. of land which will transfer ownership. 3.2 The staff has found that this corrective subdivision can assist both parties since Dolle cannot sell the property without clear title and Schreier wishes to complete the legal description for his Planned unit Development and will need an accurate property line to accomplish this. 4.0 Staff Recommendation 4.1 The staff recommends approval of the minor corrective subdivision in order to accomplish clearing title and provide an accurate description for the Schreier Planned Unit Development with the following conditions: 4.1.1. Mr. Dolle must receive approval for a setback permit for the encroaching building to be set back three feet from the south property line. 4.1.2. Mr. Dolle must record, with the Ramsey County Recorder, the approved Certificate of Survey as well as deeds to the property purchased from Schreier within 60 days after Council approval and City Manager review of the survey. 4.1.3. Jim and Deb Schreier must also record the new description and Certificate of Survey for their property within 60 days after Council approval and City Manager review of the survey. PF30n - RCA (03/22/99) - Page 2 of 3 5.0 Suggested Council Action 5.1 By resolution approve the minor corrective subdivision proposed by Ron Dolle and Jim and Deb Schreier. Attachments: Resolution; Location map; Letter trom RF.Carlson; Certificate of Survey Prepared by: Dennis Welsch (490.2232) Q:\Planning F iles\3072 _Dolle\RCA(030899).doc PF30n . RCA (03/22/99) - Page 3 of 3 7~Y--0\q February 24,1999 Mr. Ron Dolle 3096 Cleveland Avenue Roseville, Minnesota 55113 RE: Request for Minor Subdivision, 3096 Cleveland (PF3072) Dear Mr. Dolle; The purpose of this letter is to update you on the status of your request for a Minor Subdivision approval to re-describe and correct a lot line over which a portion of your house was built (affecting property owned by Jim and Deb Schreier). The City Council. at their meeting of February 22, 1999, continued vour request to the Council meeting of March 8, 1999. At least one week in advance of the Council meeting you must submit a completed application and payment for a Minor Subdivision and a completed application and payment for a Setback Permit. Enclosed is another set of each application, as well as a copy of the staff recommendation that went to the Council on the 22nd. If you have any questions about the .process, or if I can be of any assistance with this process, please call me 490.2236. Si~ ~~ City Planner City of Roseville Enc(s): Application: Minor Subdivision Application: Setback Permit Q:\Planning Files\3072_DolJe\Letter_counciJ cont'd to3.8.99.doc 2660 Civic Center Drive.o- Roseville.o- Minnesota.o- 55113 651-490-2200 .) TDD 651-490-2207 /' EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE ~~ d-~-qq ~.... ~- .. Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota, was duly called held at the City Hall on Monday, the 22nd day of March, 1999, at 6;30 P.M. The following members were present: Mastel, Goedeke, Maschka, Wall and t.he following were absent: Wiski Council Member Mastel introduced the following resolution and moved its adoption: RESOLUTION NO. 9638 RESOLUTION APPROVING RE-DESCRIPTION AND CORRECTION OF A MINOR SUBDIVISION, 3096 CLEVELAND AVE. (PF3072) WHEREAS, Ron Dolle, 3096 Cleveland Avenue North, has requested Council approval of a minor subdivision to re-describe and correct a lot line over which a portion of his house was built, said property being legally described as Lot 3, Block 1, Rochat's Addition, Ramsey County, MN., and being generally located at 3096 Cleveland Avenue North; and WHEREAS, Ron Dolle had found that his building addition to his home extends over the south property line of his property and encroaches into the property of Jime and Deb Schreier by approximately 2.4' and is therefore considered non-conforming resulting in an unclear title to the Dolle site; and WHEREAS, Ron Rolle has requested the adjoining/affected property owners, Jim and Deb Schreier, sell him enough property (approximately 177 s.f.) to provide enough space for the Dolle addition and to create a 3' setback between the Dolle budiling wall and a new property line, which sale Jim and Deb Schreier have concurred with; and, WHEREAS, a Certificate of Survey has been submitted (dated 08.03.98) for the re- description and correction of said parcel as follows: Lot 3, Block 1, Rochat's Addition, together with that part of Lot 4, Block 1. Rochat's Addition, described as commencing at the northwest corner of said Lot 4; thence on an assumed bearing of South 90 degrees 00 minutes 00 seconds East, along the north line of said Lot 4, 50.21 feet to the point of beginning of the parcel to be described; thence continuing South 90 degrees 00 minutes 00 seconds East, 30.09 feet; thence South 02 degrees 02 minutes 02 seconds West, 6.42 feet; thence North 87 degrees 57 minutes 58 seconds West, 30.07 feet; thence North 02 degrees 02 minutes 02 seconds East, 5.35 feet to the point of beginning, all in Ramsey County, Minnesota; NOW, THEREFORE BE IT RESOLVED, by the CityCounci! or We ~H) ...... _,_ Minnesota, Ramsey County, Minnesota, in order to accomplish dear title and provide an accurate description for the DoUe property and for the Schreier Planned Unit Development, the request for a Minor Corrective Subdivision as heretofore described is hereby approved with the following conditions: 1. Mr. Dolle must apply for and receive a setback permit for the encroaching building with a setback of 3 feet from the south property line; 2. Mr. Dolle must record, with the Ramsey County Recorder, the approved Certificate of Survey as well as deeds to the property purchased from Schreier within 60 days after Council approval and City Manager review of the survey; 3. Jim and Deb Schreier must also record the new description and Certificate of Survey for their property within 60 days after Council approval and City Manager review of the survey. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Maschka, and upon vote being taken thereon, the following voted in favor thereof: Mastel, Goedeke, Maschka, Wall And the following voted against the same: None WHEREUPON, said resolution was declared duly passed and adopted. STATE OF M1NNESOTA) ) COUNTY OF RAMSEY) I, the undersigned, being the duly qualified City Manager of the City of Roseville, County of Ramsey. State of Minnesota. do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of said City Council held on the 22'd day of March, 1999, with the original thereof on file in my office. WITNESS MY HAND officially as such Manager this~ 'J~day of March 1999. St~~ (SEAL) Q:\Plan ning Files \3072 _ Dolle\RES( 022299).d oc Subscribed and sworn to before me on this ;).J. -uJ _dayof/~ ]~~" ~ ~ ~"."'-'~&_"'-""..;t'~ \ Malgaret H. Driscoll t r~QI;:W,' P'J~(IC "'" t~1I1tl~SO~d. t ~~.~ COr!",m E:Iop 01.J.~.2'ooa J .,~....,..,.,.~.,.....,.... " Request For City Council Action Manager Approved: Date: 03.08.99 Item No: Agenda Section: CONSENT Item Description: Request for Lot Line Correction Minor Subdivision Approval: Ron Dolle, 3096 Cleveland Ave., Roseville (PF30n) 1,0 Requested Action 1.1 Ron Dolle. 3096 Cleveland Avenue North, is requesting approval of a minor subdivision to re-describe and correct a lot line over which a portion of his house was built. The request was continued from the February 22, 1999 meeting to the March 8, 1999 meetng at the applicant's request. 2.0 Background 2.1 This Ron Dolle request for approval of a Minor Subdivision was forwarded to the Council for action on February 22,1999. The staff recommended approval. conditioned upon the applicant compliance with a series of conditions. The Council continued this item to the regular meeting of March 8, 1999. 2.2 Section 1l04.04D of the City Code dealing with minor subdivision corrections states: Corrections; When a survey or description of a parcel or lot has been found to be inadequate to describe the actual boundaries, approval of a corrective subdivision may be requested. This type of subdivision creates no new lots or streets. The proposed corrective subdivision. in sketch plan form, along with a letter signed by all affected owners agreeing to the new subdivision, shall be submitted to the City Council for approval. No hearing or Planning Commission review is necessary unless the proposal is referred to the Commission by the Community Development Director for clarification. The proposed parcels shall not cause any portion of the existing lots, parcels, or existing buildings to be in violation of this regulation or the zoning code. A certificate of survey illustrating the corrected boundaries shall be required on all parcels. Within thirty (30) days after approval by the City Council, the applicant shall supply the final survey to the Community Development Director and City Manager for review and approval. After completion of the review and approval by the Community Development Director and City Manager, the survey shall be recorded by the applicant with the Ramsey County Recorder within sixty (60) days. Failure to record the subdivision within sixty (60) days shall nullify the approval of the subdivision. 2.3 Ron Dolle, 3096 Cleveland Avenue North. completed a Certificate of Survey in August. 1998, and has found that his building addition extends over the south property line of his property. The building is now considered non-conforming and clear title to the property PF30n - RCA (02122/998) - Page 10f3 cannot be delivered to potential buyers of the home. He has requested the adjoining property owners Jim and Deb Schreier to sell him enough property to create a 3 foot setback between the Dolle building wall and a new property line. Jim and Deb Schreier have agreed to this correction and will sell the necessary property (approximately 177 sJ.) to provide enough space for the Dolle building and a 3 foot setback from the property line. 2.3 Mr. Dolle must also apply for a setback permit to allow for the 3 foot setback instead of the required 5 foot side yard setback in this developed portion of the community. 2.4 Jim and Deb Schreier, 3090 Cleveland Avenue North, need no setback permits for their existing garage located more than 10 feet from the property line since they are required to have a 5 foot side yard setback in this developed portion of the community. :>.0 Comments And Findings 3.1 As shown by the Certificate of Survey, a mistake was made when the Dolle House was expanded. The house encroaches into the Schreier property by approximately 2.4 feet. Both propery owners have agreed to a solution whereby Dolle will survey and purchase enough property to provide a 3 foot setback from the encroaching building wall to the new property line. This will include approximately 177 sJ. of land which will transfer ownership. 3.2 The staff has found that this corrective subdivision can assist both parties since Dolle cannot sell the property without clear title and Schreier wishes to complete the legal description for his Planned unit Development and will need an accurate property line to accomplish this. 4.0 Staff Recommendation 4.1 The staff recommends approval ofthe minor corrective subdivision in order to accomplish clearing title and provide an accurate description for the Schreier Planned Unit Development with the followi,ng conditions: 4.1.1. Mr. Dolle must receive approval for a setback permit for the encroaching building to be set back three feet from the south property line. 4.1.2. Mr. Dolle must record, with the Ramsey County Recorder. the approved Certificate of Survey as well as deeds to the property purchased from Schreier within 60 days after Council approval and City Manager review of the survey. 4.1.3. Jim and Deb Schreier must also record the new description and Certificate of Survey for their property within 60 days after Council approval and City Manager review of the survey. 5.0 Suggested Council Action PF30n - RCA (02/22/998) . Page 2 of 3 ~- 5- Y~9 0\ CITY OF ROSEVlllE CITY OF ROSEVllLE 2660 CIVIC CENTER DRIVE ROSEVlllE, MN 55113 Received From: RICHARD CARLSON-SETBACK P Date: 03/04/99 Time: 11:44am Receipt Number: \00043603 Clerk Code: RECPT ITEM REFERENCE AMOUNT ------~_.~----._~---.--~.~--~--_.._-.--~ COHDV TIF APPLICATION MISe .00 125.00 ..-....-.............. Total: 125.00 125.00 Check -................-...--- Change: .00 THANK YOU ,.' o iJ jlY "'?7 S ~ '3> ~qC1 RI'~ 2660 CIVIC CENTER DRIVE ROSEVILLE, MINNESOTA 55113 PHONE: 490-2279 FAX: 490-2931 Please check item or items for which you are applying: PUD Rezoning Conditional Use Pennit Vacation of Right-of-Way Preliminary & Final Plat $750 $300 -X- $200 $200 $500 Comprehensive Plan Amendment Minor Subdivision Relocation of Dwelling Variance to Zoning Ordinance Interim Use Pennit $750 $100 $100 $200 $200 When applying for more than one approval, only one fee (the highest) is charged. Please complete fonn by typing or printing in ink. If the spaces provided are insufficient, use additional sheets, keying infonnation to the proper item numbers: 1. Ronald (First) E. (Middle) Name of Owner: 3. Ronald E. Dolle 631- '6336 (Last) (Phone) 55113 (State) (Zip) Dolle 631-6336 (Last) (Phone) 55113 (State) (Zip) 2. 3096 Cleveland Ave., Roseville, MN Address of Owner: (No. And Street) (City) Name of Applicant: (First) (Middle) 3096 Cleveland Ave., Roseville, MN 4. Address of Appl. : (No, And Street) (City) 5. 3096 Cleveland Avenue Street Address of Property Involved: 6. Complete Legal Description of Property Involved: Lot 3, Block 1, Rochat's Addition, Ramsey County, Minnesota 7. 8. Present Zoning of Property: Proposed Zoning of Prop.: p..- ] P.-3 Present Use of Property: Proposed Use of Property: ~ Rt<;; 9. Present Comprehensive Plan Designation: Proposed Comprehensive Plan Designation: ~> (l..t S 10. What plan or change makes this request necessary? This change is necessary to correct an unintentional encroachment. 1 11. What is the expected effect of the proposed change? (For example, on property values, health, safety, parking, traffic conditions, etc.) This change will eliminate an encroachment and create marketable title for affected properties. 12. For Rezoning and PUD: A. Include a legal description for each existing property in different zoning districts. B. Include a legal description for each proposed zoning classification. 13. For Conditional Use Permit: A. City Code Section authorizing conditional use penn it: 14. For Vacation or Right-or-Way: A. A petition must be submitted signed by at least 51 % of the abutting property owners. The original statement in the petition should be as follows: "We, the undersigned, owners of at least 51 % (fifty-one percent) of the property abutting request that this section of right-of-way be vacated because it is no longer of value to the general public. All property owners signing the petition shall list their address and legal description of their property. 15. For Platting: A. Number of Lots: B. Subdivision to be known as: C. Engineer: Name Phone D. Land Planner: Name Phone 16. For Minor Subdivision: A. Type or Minor Subdivision: B. A legal description for each newly created lot shall be provided. . C. Surveyof:- .. Kurth Surveying, Inc. Name (612) 788-9769 Phone 2 17. For Relocation of Dwellin2: A. The legal description for the land upon which the building is to be moved. B. The application shall be accompanied by a written consent and approval of at least 50% of the property owners within 250 feet of the relocation. 18. For Variance: A. Variance is requested ITom the following section of the City Code: B. State exactly what is intended to be done on or with the property which does not confonn with the City Code: C. Explain the physical hardship that makes the variance necessary. 19. Applicant's requesting a rezoning, conditional use pennit, PUD, variance, division of lot, or platting of property are encouraged to conduct a neighborhood meeting at least fifteen (IS) days before the scheduled Planning Commission Public Hearing, and to send notices to all of the affected property owners. Affected owners are listed on the required Abstractor's Certificate. The meeting is a time for the applicant to review and explain the proposed development to the nearby property owners. This policy applies only when residential property, R-I through R-8, is listed on the Abstractor's Certificate. Please indicate the date that you have met or will be meeting with the affected property owners: Mr. and Mrs. James Schreier/mll't-;p'~ meeti'1')s '-lith Schreiers and legal counsel from and after August 5, 1998. 20. Except as noted, the following information must be submitted for all applications: A. Application and Fee B. Abstractor's Certificate listing the NAMES AND ADDRESSES ON LABELS for each owner of the land within 350 feet of the boundaries of the property for which a conditional use permit, rezoning, PUD and comprehensive plan amendment (variances, lot divisions, preliminary/final plat, house relocation, and vacation of right-of-way) application is requested. C. Proposed plans (2 copies) including site plan, landscape plan, grading and drainage plan, and exterior building elevation drawings showing building materials is required. Such drawings shall be 8-1I2"x11" or 11 "x17". 3 .' . D. Narrative: Attach an explanation of the site planning, landscaping, and architecture of project in detail including the need for the project, any physical hardships, and the expected noise, air, drainage, lighting, waste management, parking, and traffic impaccts. E. Other documents as required by the City Planner. 21. Application Process: A. Applications and accompanying documents are reviewed by the City staff. B. The completed application is scheduled for the next available Planning Commission public hearing. Estimated date: 2/22/99 C. Planning Commission conducts public hearing and makes recommendation to the City Council. Estimated date: 2/22/99 D. City Council conducts public hearing. Estimated date: 3/8/99 E. City Council decides on the request. Estimated date: 3/8/99 22. The above statements are true and correct to the best of my knowledge. ~/C~ )( Signature 631-6336 Telephone March 3, 1999 Date Q:\Planning Commiss ion\Other Documents\PC _ APPLI.doc 4 ?"d-- Y' q~ February 24,1999 Mr. Ron Dolle 3096 Cleveland Avenue Roseville, Minnesota 55113 RE; Request for Minor Subdivision, 3096 Cleveland (PF3072) Dear Mr. Dolle; The purpose ofthis letter is to update you on the status of your request for a Minor Subdivision approval to re-describe and correct a lot line over which a portion of your house was built (affecting property owned by Jim and Deb Schreier). The City Council, at their meeting of February 22,1999. continued your request to the Council meeting of March 8. 1999. At least one week in advance of the Council meeting you must submit a completed application and payment for a Minor Subdivision and a completed application and payment for a Setback Permit. Enclosed is another set of each application, as well as a copy ofthe staff recommendation that went to the Council on the 22nd. If you have any questions about the process, or if I can be of any assistance with this process, please call me 490.2236. /~ r;~c City Planner City of Roseville Enc(s): Application: Minor Subdivision Application: Setback Permit Q:\Planning FiI~\3072_DoUe\Letter_council cont'd to 3.8.99.doc 2660 Civic Center Drive -> Roseville *' Minnesota *' 55113 651-490-2200 *' TDD 651-490-2207 :;;k 'd-d-' q ~ EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OFTHE CITY OF ROSEVILlE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota, was duly called held at the City Hall on Monday, the 22nd day of February, 1999, at 6:30 P.M. The following members were present: and the following were absent: Council Member _ introduced the following resolution and moved its adoption; RESOLUTION NO. RESOLUTION APPROVING RE-DESCRIPTlON AND CORRECTION OF A MINOR SUBDIVISION, 3096 CLEVELAND AVE. (PF3072) WHEREAS, Ron Dolle, 3096 Cleveland Avenue North, has requested Council approval of a minor subdivision to re-describe and correct a lot line over which a portion of his house was built, said property being legally described as Lot 3, Block 1, Rochat's Addition, Ramsey County. MN.. and being generally located at 3096 Cleveland Avenue North; and WHEREAS, Ron Dolle had found that his building addition to his home extends over the south property line of his property and encroaches into the property ofJime and Deb Schreier by approximately 2.4' and is therefore considered non-conforming resulting in an unclear title to the Dolle site; and WHEREAS, Ron Rolle has requested the adjoining/affected property owners, Jim and Deb Schreier, sell him enough property (approximately 177 s.f.) to provide enough space for the Dolle addition and to create a 3' setback between the Dolle budiling wall and a new property line, which sale Jim and Deb Schreier have concurred with; and, WHEREAS, a Certificate of Survey has been submitted (dated 08.03.98) for the re- description and correction of said parcel as follows: Lot 3, Block 1, Rochat's Addition, together with that part of Lot 4, Block I, Rochat's Addition, described as commencing at the northwest corner of said Lot 4; thence on an assumed bearing of South 90 degrees 00 minutes 00 seconds East, along the north line of said Lot 4, 50.21 feet to the point of beginning of the parcel to be described; thence continuing South 90 degrees 00 minutes 00 seconds East, 30.09 feet; thence South 02 degrees 02 minutes 02 seconds West, 6.42 feet; thence North 87 degrees 57 minutes 58 seconds West, 30.07 feet; thence North 02 degrees 02 minutes 02 seconds East. 5.35 feet to the point of beginning. all in Ramsey County, Minnesota; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Roseville, Minnesota, Ramsey County, Minnesota, in order to accomplish clear title and provide an accurate description for the Dolle property and for the Schreier Planned Unit Development, the request for a Minor Corrective Subdivision as heretofore described is hereby approved with the following conditions; 1. Mr. Dolle must apply for and receive a setback permit for the encroaching building with a setback of 3 feet from the south property line; 2. Mr. Dolle must record, with the Ramsey County Recorder, the approved Certificate of Survey as well as deeds to the property purchased from Schreier within 60 days after Council approval and City Manager review of the survey; 3. Jim and Deb Schreier must also record the new description and Certificate of Survey for their property within 60 days after Council approval and City Manager review of the survey. The motion for the adoption of the foregoing resolution was duly seconded by Council Member , and upon vote being taken thereon, the following voted in favor thereof: And the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted. STATE OF MINNESOTA) ) COUNTY OF RAMSEY) I, the undersigned, being the duly qualified City Manager of the City of Roseville, County of Ramsey, State of Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of said City Council held on the 23'" day of February, 1999, with the original thereof on file in my office. WITNESS MY HAND officially as such Manager this _ day of February 1999. Steven R. Sarkozy, City Manager (SEAL ) Subscribed and sworn to before me on this _ day of .1999. Q:\Planning Files\3072_Dollc\RES( 022299 ).doc Request For City Coundl Action Manager Approved: -{7- Date: 02.22.99 Item No: D- 4 Agenda Section: CONSENT Item Description: Request for Minor Subdivision Approval; Ron Dolle, 3096 Cleveland Ave., Roseville (PF3072) 1.0 Requested Action 1.1 Ron Dolle, 3096 Cleveland Avenue North. is requesting approval of a minor subdivision to re-describe and correct a lot line over which a portion of his house was built. 2.0 Background 2.1 Section 1l04.04D of the City Code dealing with minor subdivision corrections states: Corrections: When a surveyor description of a parcel or lot has been found to be inadequate to describe the actual boundaries, approval of a corrective subdivision may be requested. This type of subdivision creates no new lots or streets. The proposed corrective subdivision, in sketch plan form, along with a letter signed by all affected owners agreeing to the new subdivision, shall be submitted to the City Council for approval. No hearing or Planning Commission review is necessary unless the proposal is referred to the Commission by the Community Development Director for clarification. The proposed parcels shall not cause any portion of the existing lots, parcels, or existing buildings to be in violation of this regulation or the zoning code. A certificate of survey illustrating the corrected boundaries shall be required on all parcels. Within thirty (30) days after approval by the City Council, the applicant shall supply the final survey to the Community Development Director and City Manager for review and approval. After completion of the review and approval by the Community Development Director and City Manager, the survey shall be recorded by the applicant with the Ramsey County Recorder within sixty (60) days. Failure to record the subdivision within sixty (60) days shall nullify the approval of the subdivision. 2.2 Ron Dolle, 3096 Cleveland Avenue North, completed a Certificate of Survey in August, 1998, and has found that his building addition extends over the south property line of his property. The building is now considered non-conforming and clear title to the property cannot be delivered to potential buyers of the home. He has requested the adjoining property owners Jim and Deb Schreier to sell him enough property to create a 3 foot setback between the Dolle building wall and a new property line. Jim and Deb Schreier have agreed to this correction and will sell the necessary property (approximately 177 sJ.) to provide enough space for the Dolle building and a 3 foot setback from the property line. PF30n - RCA (02/22/998) - Page 1 of2 2.3 Mr. Dolle must also apply for a setback permit to allow for the 3 foot setback instead of the required 5 foot side yard setback in this developed portion of the community. 2.4 Jim and Deb Schreier, 3090 Cleveland Avenue North, need no setback permits for their existing garage located more than 10 feet from the property line since they are required to have a 5 foot side yard setback in this developed portion of the community. :).0 Comments And Findings 3.1 As shown by the Certificate of Survey, a mistake was made when the Dolle House was expanded. The house encroaches into the Schreier property by approximately 2.4 feet. Both propery owners have agreed to a solution whereby Dolle will survey and purchase enough property to provide a 3 foot setback from the encroaching building wall to the new property line. This will include approximately 177 s.f. of land which will transfer ownership. 3.2 The staff has found that this corrective subdivision can assist both parties since Dolle cannot sell the property without clear title and Schreier wishes to complete the legal description for his Planned unit Development and will need an accurate property line to accomplish this. 4.0 Staff Recommendation 4.1 The staff recommends approval of the minor corrective subdivision in order to accomplish clearing title and providing an accurate description for the Schreier Planned Unit Development with the following conditions: 4.1.1. Mr. Dolle must complete an application and pay appropriate fees for both the setback permit ($25) and the minor subdivision ($100). 4.1.2. Mr. Dolle must apply for and receive a setback permit for the encroaching building to be set back three feet from the south property line. 4.1.3. Mr. Dolle must record, with the Ramsey County Recorder, the approved Certificate of Survey as well as deeds to the property purchased from Schreier within 60 days after Council approval and City Manager review of the survey. 4.1.4. Jim and Deb Schreier must also record the new description and Certificate of Survey for their property within 60 days after Council approval and City Manager review of the survey. 5.0 Suggested Council Action 5.1 By resolution approve the minor corrective subdivision proposed by Ron Dolle and Jim and Deb Schreier. Attachments: Resolution; Location map; Letter from R.F.Carlson; Certificate of Survey Prepared by: Dennis Welsch (490-2232) Q:\Planning Files\3072_Dolle\RCA( 022299 ).doc PF3072 - RCA (02/22/998) - Page 20f2 . -- ~v 't-~2 C1 '2rrl~qq ( \{~~t ~l~~ ~9 c~ ~ CITY OF ROSEVILLE MMUNITY DEVELOPMENT DPARTMEN MEMO CC/lA-J ) Date: Steven Sarkozy. City Manager Dennis Welsch, Community Development Director Minor Subdivision Approval (Dolle/Schreier)pF3072 02/17/99 ~Cc: I ho~, Citv Planner: 1.0 Summary of Request: 1.\. Ron Dolle, 3096 Cleveland Avenue North. is requesting approval of a minor subdivision to redescribe and correct a lot line over which a portion of his hOllse was built. 2.0 Background 2,1 Section 1104.040 of the Cit)' Code dealing with minor subdivision corrections states: \ Corrections: When a surveyor description of a parcel or lot has been found to be inadequate to describe the actual boundaries, approval of a corrective subdivision may be requested. This type of subdivision creates no new lots or streets. The proposed corrective subdivision, in sketch plan fonn, along with a letter signed by all affected owners agreeing to the new subdivision. shaH be submitted to the City Council for approval. No hearing or Planning Commission review is necessary unless the proposal is referred to the Commission by the Community Development Director for clarification. The proposed parcels shall not cause any portion of the existing lots. parcels, or existing buildings to be in violation of this regulation or the zoning code. A certificate of survey illustrating the corrected boundaries shall be required on all parcels. Within thirty (30) days after approval by the City Council, the applicant shall supply the final survey to the Community Development Director and City Manager for review and approval. After completion of the review and approval by the Community Development Director and City Manager. the survey shall be recorded by the applicant with the Ramsey County Recorder within sixty (60) days. Failure to record the subdivision within sixty (60) days shall nullify the approval of the subdivision. 2.2- Ron Dolle, 3096 Cleveland Avenue North. completed a Certificate of Survey in August. 1998, and has found that his building addition extends over the south property line of his property. The building is now considered non-confonning and clear title to the property cannot be delivered to potential buyers of the home. He has requested the adjoining property owners Jim and Deb Schreier to sell him enough property to create a 3 foot setback between the Dolle building wall and a new property I ine. Jim and Deb Schreier have agreed to this correction and will sell the necessary property (approximately] 77 s.f.) to provide enough space for the Dolle building and a 3 foot setback from the property line. 7-, Mr. Dolle, must also apply for a setback pennit to allow for the 3 foot setback instead of the required 5 foot side yard setback in this developed portion of the community. 11 Jim and Deb Schreier. 3090 Cleveland Avenue North. need no setback pennits for their existing garage located more than 10 feet from the property line, and also required to have a 5 foot side yard setback in this developed portion of the community. 3.0 Comments and Findings '?l As shown by the Certificate of Survey, a mistake was made when the Dolle House was expanded. The house encroaches into the Schreier property by approximately 2.4 feet. Both propef)' owners have agreed to a solution whereby Dolle will survey and purchase enough property to provide a 3 foot setback from the encroaching building wall to the new property line. This wilt include approximately 177 s.f. ofland which will transfer ownership. :?1.The staff has found that this corrective subdivision can assist both parties since Dolle cannot sell the property without clear title and Schreier wishes to complete the legal description for his Planned unit Development and will need an accurate property line to accomplish this. 4.0 Staff Recommendation Y.I The staff recommends approval of the minor corrective subdivision in order to accompl ish clearing title and providing an accurate description for the Schreier Planned Unit Development with the following conditions: 4.1 \ l Mr. Dolle must apply for and receive a setback permit for the encroaching building, with a setback of3 feet from the south property line. \~'f.l.t~ Mr. Dolle must record, with the Ramsey County Recorder. the approved Certificate of Survey as well as deeds to the property purchased from Schreier within 60 days after Council approval and City Manager review of the survey. Li 113~ Jim and Deb Schreier must also record the new description and Certificate of Survey for their property with 60 days after Council approval and City Manager review of the survey. ~.\.4 ~.~~k, ~ ~W~ ~ Jh ~ ri<J 5.0 Suggested Action ~a.d... ~t.l~. ~ ~ ~~ (tf; (t):),co ) By resolution, (draft anached) approve the minor dirr~~e II'Lbdivision proposed by Mr. Ron Dolle and Jim and Deb Schreier. Q:\Planning Files\PF3072\RCA(02-22-99) ~~ - ~~., -- ~'~ J ~ f:;i. ~,~-?~ ~e4r bXG'.~~cl~ ~[:, ~ ~~~ 2 J LAW OFFICES OF RICHARD F. CARLSON, JR. '") ~\ d-rC\.~ OFFICE ADDRESS 2785 White Bear Avenue Suite 408 MapkwooJ. MinncsoLa 5510') Phone (651) 777-J63J Fa\ (651) 777-597J February 12, 1999 #? Mr. Dennis Welch City of Roseville Community Development Department 1660 Civic Center Drive Roseville, MN 55113 RE: Dolle/Schreier Dear Mr. Welch: Enclosed please find the revised proposed lot split, which I have just received. Hopefully, my client's surveyor, and the surveyor for the Schreier's, have reviewed this matter with you. I had instructed my client to put the two surveyors in touch, and I had suggested that they review the matter with you so that the proposed lot split could facilitate the use of a setback permit as opposed to the formal variance process. Certainly, counsel for Mr. Schreier, principally Karl Yeager, and mysel f, have a common interest in seeing that this proposal would work with both the PUD Project of the Schreier's and their arrangement with my client. After you've had a chance to review this proposal, in light of the mutual interest described herein, I would appreciate a phone call from you so that I might be able to proceed with my client's application. Thank you, again, for all. yOUL assistance ~.n this Ti1d<:.teL", ~'.r date, and I look forward to hearing from you shortly. ? ~o ~1 q ORDINANCE NO. 1218 AN ORDINANCE AMENDING CHAPTER 10 OF THE CITY CODE (ZONING) BY CHANGING THE ZONING MAP DESIGNATION FOR PROPERTY LOCATED AT 3090 CLEVELAND AVENUE NORTH FROM R-l, SINGLE FAMILY RESIDENTIAL TO BUSINESS-PLANNED UNIT DEVELOPMENT The City Council of the City of Roseville does ordain: Section 1. Real Property Rezoned pursuant to Section 1015 (Zoning Amendments) and Section 1008 (Planned Unit Developments) of the City Zoning Code of the City of Roseville, and after the City Council held a public hearing (PF2986) with due notice on February 8,1999, the following property is hereby rezoned from R-l, Single Family Residential, to Business-Planned Unit Development: Lots 4-6, Block I, Rochat's Addition to the City of Roseville, Ramsey County, Minnesota (PIDs 042923220008 and 042923220011). PARCEL A: The northern parcel is described as all of Lot 4, and Lot 5 except the South 36 feet thereof and also except the North 9.5 feet of the South 45.5 feet of the East 21 feet of the West 101 feet thereof, Block 1, Rochat's Addition to the City of Roseville, Ramsey County, Minnesota (PID 042923220008). PARCEL B: The southern parcel is described as the South 36 feet of Lot 5, the North 9.5 feet ofthe South 45.5 feet of the East 21 feet of the West 101 feet of Lot 5, and all of Lot 6, Block 1. Rochat's Addition to the City of Roseville, Ramsey County, Minnesota (PID 042923220011). Section 2. Planned Unit Development #1218. The Planned Unit Development standards/conditions of approval adopted for this property shall be in addition to all other applicable zoning requirements. Section 3. Effective Date. This ordinance amendment to the City Code (rezoning of property to PUD) shall take effect upon: 1) passage and publication of this ordinance; 2) execution of the Planned Unit Development by the City; and 3) recording of the agreement with Ramsey County. Passed this 8th day of February, 1999. Daniel G. Wall, Mayor (SEAL) ATTEST; Steven R. Sarkozy, City Manager Subscribed and sworn to before me on this _ day of ,1999. Notary Public ( - I P .q 9 LAW OFFICES OF RICHARD F. CARLSON, JR. OFFICE ADDRESS 2785 White Bear Avenue Suite 408 Maplewood, Minnesota 55109 Phone (651) 777-3633 Fax (651) 777-5973 January 18, 1999 Mr. Dennis Welch City of Roseville Community Development Department 2660 Civic Center Drive Roseville, MN 55113 Re: Dolle/Schreier Dear Mr. Welch; '0- ,,_.. __ Last August, I had an opportunity to meet with you to review the situation concerning a boundary line problem between a client of mine and his neighbor. I have enclosed a copy of the Certificate of Survey obtained by my client. Because my clientls neighbor, Mr. Schreier has been involved in a PUD negotiation with the City, the situation with my client has been put on hold until the PUD matter was resolved. It is my understanding that the PUD Agreement is taking into consideration the lot line reconfiguration proposed by my client and his neighbor. However, I have not yet sought any rezoning or minor subdivision approval. Essentially, the matters you and I discussed more months ago still need to be put into effect. coordinate that situation with the PUD Agreement process as efficient and timely as possible, than five I need to to make this My concerns at this time, are that I donlt know if there has been any change in any fee requirements since this matter is now into a new year, and I further have to understand huw the FvD Agreement {which I am not involved in} will affect the negotiated Agreement between my client and his neighbor. I would like to review this situation with you at your first opportunity, and I would appreciate it if you would give me a call as to when you might available. Thank y~u. Ri ard F. Carlson, Jr. C:mbb cc: M/M Ron Dolle LAW OFFICES OF RICHARD F. CARLSON, JR. ~-!d--q~ OFFICE ADDRESS 2785 White Bear Avenue Suite 408 Maplewood, Minnesota 55109 Phone (612) 777-3633 Fax (612) 777-5973 August 12, 1998 Mr. Dennis Welch City of Roseville Community Development Dept. 2660 Civic Center Drive Roseville, MN 55113 Dear Mr. Welch: I spoke with you last week regarding the concern of a client of mine as to the structure on his property which encroaches onto his neighbor I s land. While 1: carl::':;~. identify iny client, at: this time, I do have two questions, the answers to which will dictate the course of action that I will need to follow. I appreciate the discussion you had with me as to the necessity of having any proposed easement or lot split (assuming one can be negoti'at,ed) approved by your office. Certainly, the appropriate course of action will be taken once an agreement is made between {the parties. However, I need to know what the present offset ~ requirements are between a structure (in this instance, part of a 7' house) and a driveway on the adjoining lot, and same structure and a garage on the adjoining lot. Certainly, I have to first determine whether there would be sufficient room to provide for a lot split in consideration of the configuration of the driveway and garage of my client I s neighbor. Please provide me with this information, and feel free to call if it is more convenient. Secondly, if we determine that there is not sufficient room under present offset requirements, I would need to know whether there is any alternative other than tearing down the encroaching structure. Certainly, all of this assumes that my client and his neighbor would be able to reach an agreement, but it serves no useful purpose to do so until we know that their agreement would ultimately be approved. Thank you, again, for your previous courtesies, and forward to hearing from you at your first opportunity. you. I look Thank Ri ard F. Carlson, Jr. RFC:akc CC: M/M Ron Dolle " 5~qq EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota, was duly called held at the City Hall on Monday, the 8th day of March, 1999, at 6:30 P.M. The following members were present: and the following were absent: Council Member _ introduced the following resolution and moved its adoption: RESOLUTION NO._ RESOLUTION APPROVING RE-DESCRIPTION AND CORRECTION OF A MINOR SUBDIVISION, 3096 CLEVELAND AVE. (PF3072) WHEREAS, Ron Dolle, 3096 Cleveland Avenue North, has requested Council approval of a minor subdivision to re-describe and correct a lot line over which a portion of his house was built, said property being legally described as Lot 3, Block 1, Rochat's Addition, Ramsey County, MN., and being generally located at 3096 Cleveland Avenue North; and WHEREAS, Ron Dolle had found that his building addition to his home extends over the south property line of his property and encroaches into the property of Jime and Deb Schreier by approximately 2.4' and is therefore considered non-conforming resulting in an unclear title to the Dolle site; and WHEREAS, Ron Rolle has requested the adjoining/affected propertyowners,]im and Deb Schreier, sell him enough property (approximately 177 sJ.) to provide enough space for the Dolle addition and to create a 3' setback between the Dolle budiling wall and a new property line, which sale Jim and Deb Schreier have concurred with; and, WHEREAS, a Certificate of Survey has been submitted (dated 08.03.98) for the re- description and correction of said parcel as follows: Lot 3, Block L Rochat's Addition, together with that part of Lot 4, Block 1, Rochat's Addition, described as commencing at the northwest corner of said Lot 4; thence on an assumed bearing of South 90 degrees 00 minutes 00 seconds East, along the north line of said Lot 4, 50.21 feet to the point of beginning of the parcel to be described; thence continuing South 90 degrees 00 minutes 00 seconds East, 30.09 feet; thence South 02 degrees 02 minutes 02 seconds West, 6.42 feet; thence North 87 degrees 57 minutes 58 seconds West, 30.07 feet: thence North 02 degrees 02 minutes 02 seconds East, 5.35 feet to the point of beginning, all in Ramsey County, Minnesota; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Roseville, Minnesota, Ramsey County, Minnesota, in order to accomplish clear title and provide an accurate description for the Dolle property and for the Schreier Planned Unit Development, the request for a Minor Corrective Subdivision as heretofore described is hereby approved with the following conditions: 1. Mr. Dolle must apply for and receive a setback permit for the encroaching building with a setback of 3 feet from the south property line; 2. Mr. Dolle must record, with the Ramsey County Recorder, the approved Certificate of Survey as well as deeds to the property purchased from Schreier within 60 days after Council approval and City Manager review of the survey; 3. Jim and Deb Schreier must also record the new description and Certificate of Survey for their property within 60 days after Council approval and City Manager review of the survey. The motion for the adoption of the foregoing resolution was duly seconded by Council Member , and upon vote being taken thereon, the following voted in favor thereof: And the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted. STATE OF MINNESOTA) ) COUNTY OF RAMSEY) I, the undersigned, being the duly qualified City Manager of the City of Roseville, County of Ramsey, State of Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of said City Council held on the 3<<1 day of March, 1999, with the original thereof on file in my office. WITNESS MY HAND officially as such Manager this _ day of March1999. Steven R. Sarkozy, City Manager (SEAL) Subscribed and sworn to before me on this _ day of .1999. Q:\Planning Files\3072_Dolle\RES( 03.0899 ).doc d - d\d-: O)~ 5.1 By resolution approve the minor corrective subdivision proposed by Ron Dolle and Jim and Deb Schreier. Attachments: Resolution; Location map; Letter from R.F.Carlson; Certificate of Survey Prepared by: Dennis Welsch (490-2232) Q: \ PI anning Files \3072_Dolle\RCA( 030899).d oc PF3072 - RCA (02/22/998) - Page 3 of 3 ~ UD4.0,+ . ~ICJIc)UMS. D. Corrections: When a surveyor description of a parcel or lot has been found to be inadequate to describe the actual boundaries, approval of a corrective subdivision may be requested. This type of subdivision creates no new lots or streets. The proposed corrective subdivision, in sketch plan fonn, along with a letter signed by all affected owners agreeing to the new subdivision, shall be submitted to the City Council for approval. No hearing or Planning Commission review is necessary unless the proposal is referred to the Commission by the Community Development Director for clarification. The proposed parcels shall not cause any portion of the existing lots, parcels, or existing buildings to be in violation of this regulation or the zoning code. A certificate of survey illustrating the corrected boundaries shall be required on all parcels. Within thirty (30) days after approval by the City Council, the applicant shall supply the final survey to the Community Development Director and City Manager for review and approval. After completion of the review and approval by the Community Development Director and City Manager, the survey shall be recorded by the applicant with the Ramsey County Recorder within sixty (60) days. Failure to record the subdivision within sixty (60) days shall nullify the approval of the subdivision. ~ (j. · -I)S I I [I I ~. I E I r I I i 17': I ' , , , I !. ~1~1~:~:~!~'~r ' E ! ! :r: I I ~. '''-'-'-j-'''r'''T-'r-l'-'i,, I ! I : : , i ~ i I I 1 i ~ I i I : . ~~ : ~ I I I I I J L , , , , , , I',,' i i i i i in I ! i I ! I ;N;' . . . . . . . ~ I ml~l(7) 1m I~ Iml~I...~,,~.. f !U)! I ! I If~ E i01i i ! i j,y... -..t-:-r-!,-~-I-:.' f i r-! ~.,....ir-Er-~_~r-! .J i m'~!8!~j~!~!m! ;: , '0' . , . . i iei i i ! i~-. ~J : I ,~, , , I ". 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