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HomeMy WebLinkAbout[09a] Lot Split - Leonard Walzrrrv of tir. ~c~H NH Council Agenda Item 9 8 MEETING DATE: AGENDA ITEM: SUBMITTED BY; June 5, 2008 Lot Split Request Leonard Walz Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: Leonard Walz has requested a lot split of property he owns adjacent to Hill Street. Leonard Walz originally owned the property that has been developed as Foxmore Hollow. Leonard retained two lots along Hill Street where there were existing structures. The plat was developed with the existing structures. To allow for an addition to the structure on Lot 6, Leonard Walz is requesting a lot split adding 13 feet to the property. This lot split will actually place both lots in conformance with the Zoning Ordinance as Lot 6 does not meet the minimum depth. The Ordinance allows the Administrator to approve minor subdivisions under certain circumstances. Those circumstances include if the division is less than 10 acres and no more than two lots. In this case the Ordinance applies. The City staff has verified that both lots will be in full conformance with the Ordinance and the utilities will not be affected. BUDGET/FISCAL IMPACT: ATTACHMENTS: Extract of Ordinance, Survey, Certificate of Compliance REQUESTED COUNCIL ACTION: Approve the lot split of Leonard Walz separating 13 feet from Lot 7 Block 1 FOXMORE HOLLOW, attaching the same to Lot 6, Block 1 FOXMORE HOLLOW and authorizing the Administrator to execute the certificate of compliance. Certificate of Compliance To: Stearns County Auditor's Office The undersigned Administrator for the City of St. Joseph does hereby certify that the City Council reviewed and approved at its regular meeting on the 5`h day of June 2008, a lot split dividing thirteen (13) feet of property from Lot 7, Block 1 Foxmore Hollow and adding the same to Lot 6 Block 1 Foxmore Hollow. The lot split has created the following two legal descriptions: Tract A Tract B Lot 6 and that part of lot 7, Block 1 FOXMORE HOLLOW, City of St. Joseph, Stearns County, Minnesota, according to the recorded plan thereof, which lies westerly of the following described line: Commencing at the northeast corner of said Lot 6, Block 1; thence North 88 degrees 56 minutes 12 seconds East, recorded bearing along the north line of said Lot 6 Block 1, a distance of 13 feet to the point of beginning of said described line; thence South 01 degrees 53 minutes 04 seconds East, a distance of 105.06 feet, to the south line of said Block 1 and said described line there terminating. Containing 13,457 square feet more or less. That part of lot 7 Block 1 FOXMORE HOLLOW, City of St. Joseph, Stearns County, Minnesota, according to the recorded plan thereof, which lies easterly of the following described line; Commencing at the northeast corner of said lot 6 block 1; thence North 88 degrees 56 minutes 12 seconds East, recorded bearing, along the north line of said Lot 6 Block 1, a distance of 13.00 feet to the point of beginning of said described line; thence South 01 degrees 53 minutes 04 seconds east, a distance of 105.06 feet, to the south line of said Block 1, and said described line there terminating. Containing 14,310 square feet more or less. The attached survey described and illustrates the lot split requested. The transfer is in compliance with the Zoning Ordinance and Subdivision regulations of the City of St. Joseph. Further, this certificate does not operate as approval for any subdivision, platting or building plans. Dated this 5`h day of June .2008. CITY OF ST.1O5EPH By Judy Weyrens, Administrator Woo~tggsnioq'«trM:pP9~M awc waLYaNWO - _~ BOOZ Bt f0 :31110 c.~ ~ ZSZ9-ISZ-OZE :xo~ ; AB a3A0UidY > p OOJ~S8UO8 fSSr-TSL-ozE :wWd TOE95 NW 'W)W~ aulQS e1n : we o~o)s3o MOIIOH 3210WX0~ 'T ~lOOl9 'L ONV 9 SlOI ^ ~ ~ ~ n N a u~ P~ol~ SSE ~ ;,~,~ Z"1dM H139dZI~3'8 4bdN03l ~ $ ~ ~~ 3~~ ~ ~ ~~.:~ a ~ ads a ~ ~~ ~ ~ ~~" ~$~ ~~ ~~$~s~- ~~~~. ~~' ~ _ ~g n ~~ ~og~~ s ~ ~~ ~~ ~ ~s~~ 41 1~ ~ r• J K) O -L J+ . :" .~-~ f•`. ~ ~N~s~~ $~~^~$ ~ ~s~~ ~°g ~E ~~8$~ ~ ~~~~ °~~8~~ ~ ~~~~ ~~~ e sB~ _- _ ~~ 1ST AVENUE SW~ n R~Zg~8pp7900 E t'if ~, ! -~-.... V ._. ~ ._ i «) L ~ •z•_ s ,L •,, ,~~ ~ ~~ i i i i~ ;-~~~ ~l : ~ ~ • i 1°~O~ ~..g mo IN~~ • -F ;o ' ~ ~m ~ ~ i oa R g iT, .. i~ J.C.--1.:+: 1 1, ~ ... II wl w Ob ~~ r- ~, ~ J J Z ~~ ,I w` ~~~ N W OD ~ ~ f- . O ~ N ~ ~~ W 1 :f) `----- (• ;:: . '; L___-- ! m I .. ~ I 1 g a ' -. ~ ;;~,_ _ ~n r ~ ~ 8~ . ~ ~ ~ ~ '. . ~~ +' ao ~ i P w Z ~ I ~ O) ::: 'f; ,~~ ~~ ~ t0 ~ ~ .~ ~ ~~ V~ l 'IV i~ (V ~ t). ~! ~_ ~~&Ij ~ ' ~ •~' 1 -~~ •' I a ~~~~~~ Z ~ • ~ ~ ~.f ` 1~1 , w~ 1 '. ~~. 4-----______--'~---- ~ ~ o Ob ~ ~ ? ~ r ~ N r N . y ~ n n I p e ~° . W ^ ,. ~~~ g~a ~~~ ~.~ . ~~~ ~€ ~~ ~~ ~~. 2 o Z ~ p ° ~ ~ zu ~ ~ ~~ r ~ m U F U~ ~ U_ ~ NN .ti 1- !n !n ZW f O (] f ~ O _ nns ~nn~ne aNZ _ ~ ~ .,=p ~ r, ~,~ W G\ Z ] n IU NZ ~~~ r-- ~ ~ I. .. - • • ~I ~ :1 Section 54.10: MINOR SUBDIVISIONS. Subd. 1: This Section shall apply to the following applications: a) In the case of a request to divide a portion of a lot where the division is to permit the adding of a parcel of land to an abutting lot so that no additional lots are created and both new lots conform to Zoning Ordinance minimum lot size, setback and lot coverage standards. b) In the case of a request to combine two (2) existing platted lots. c) In the case of a request to divide a lot from a larger tract of land and thereby creating no more than two lots, both of which conform to Zoning Ordinance minimum standards. To qualify, the parcel of land shall not have been part of a minor subdivision within the last five (5) years. d) In the case of a request to divide a base lot which is a part of a recorded plat on which has been constructed atwo-family dwelling, townhouse or quadraminium, where the division is to permit individual private ownership of a single dwelling unit within such a structure and the newly created property lines will not cause any of the unit lots or the structure to be in violation of this Ordinance, the Zoning Ordinance, or the State Building Code. Subd. 2: Content and Data Requirements. a) The requested minor subdivision shall be prepared by a registered land surveyor in the form of a Certificate of Survey. b) The data and supportive information detailing the proposed subdivision shall be as follows: Certificate of Survev. If the property affected is registered land, a Registered Land Survey shall be required. Ten (10) copies of the survey shall be submitted to the City Administrator not less than two weeks prior to the next Planning Commission meeting. Contents of the Certificate of Survey shall include: A. North arrow. B. Lot sizes in square feet, prior to and after the proposed split. C. Existing buildings and setbacks from proposed lot lines. D. Tree cover. E. Legal descriptions for the parcels to be created. F. Streets and easements. 2. Additional Information. In addition to the Certificate of survey, the applicant shall submit: A. A special assessment search. B. Property owners' names and addresses and proof of ownership. C. Zoning of all affected parcels. Subd. 3: The minor subdivision shall conform to all design standards as specified in this Ordinance. Any proposed deviation from said standards shall require the processing of a variance request. Subd. 4: Processin og~f Request for Minor Subdivision At~proval. a) If the land division involves property which has been previously platted, or the total property area included. is greater than ten (10) acres and two: parcels, both of which are. greater than ten acres, are formed; fhe City Administrator may approve the subdivision, provided that. it complies with applicable provisions of this Ordinance. b) In the case of applications involving property lying within the Urban Service Area, which has not been previously platted, and is less than ten (10) acres in total area, the applicable processing provision of Section 54.14 (Preliminary Plat) shall be followed. c) All other Minor Subdivision requests shall be approved by resolution of the City Council following consultation with the Planning Commission. d) Upon execution of the Council's resolution approving the petition for a minor subdivision, the City Administrator shall be authorized to sign the deed or registered land survey as meeting the requirements of the City. The Certificate of Survey or Registered Land Survey shall be filed and recorded at the Office of the County Recorder within thirty (30) days of approval.