ORD 03-12M
Doc. No. A 915721
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
06-24-2004 at 03:40
Check #: 39915 Fee: $ 30.00
Payment Code 02
Addl. Fee ns
Larry A. Unger, County Recorder
Y
ORDINANCE NO.: 2003-12
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO
TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR LAND OWNED BY
LARRY SWENSON.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby
amended to change the zoning classification of the property legally described by Exhibit A
(the "property").
Section 2. The property is hereby rezoned from an A-1, Agriculture Rural Service
Area District designation to a A-2, Agriculture Long Range Urban Service District
designation.
Section 3. The amended Zoning Map will not be published, but the Zoning
Administrator is hereby directed to make appropriate changes to the official Zoning Map of
the City of Otsego to reflect the change in zoning classification set forth above.
Section 4. This Ordinance shall become effective immediately upon its passage
and publication.
PASSED by the Otseao Citv Council this 23rd day of June, 2003.
RETURN TO.4
CITY OF OTSEGO
.y Clerk
Published: Elk River Star News 10-22-03
Posted: City Hall 10-13-03
lie', Mayor
CITY OF
0 T S E G 0
WRIGHT COUNTY, MINNESOTA
APPLICANT: Larry Swenson
06-17-03
FINDINGS & DECISION
CONDITIONAL USE PERMIT
APPLICATION: Request for a conditional use permit to a residential lot size of less than 20 acres
within the A-2, Agriculture Long Range Urban Service District.
CITY COUNCIL MEETING: 23 June 2003
FINDINGS: Based upon review of the application, the recommendation of the Planning
Commission, and evidence received, the City Council of the City of Otsego now makes the following
findings of fact:
A. The legal description of the property is attached as Exhibit A.
B. The property lies within the Urban Service Area Reserve and is guided for agriculture land
uses by the Otsego Comprehensive Plan, as amended.
C. The property is zoned A-2 District which allows for single family residential uses as a
permitted use.
D. The minimum lot size in the A-2 District is 20 acres. The applicant is proposing to divide the
subject site into three parcels, two of which are less than 20 acres in area. Lots less than 20
acres in area are allowed as a conditional use within the A-2 District subject to the provisions
of Section 20-52-5.1-1 of the Zoning Ordinance.
E. The Planning Commission and City Council must take into consideration the possible effects
of the conditional use with their judgement based upon (but not limited to) the criteria outlined
in Section 20-4-2.F of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Comment The Comprehensive Plan designates this area as Urban Service Reserve,
which allows for residential development at a density of 4 units per 40 acres as an
interim use until such time as sanitary sewer and water maybe available. The
maximum number of dwellings that may be constructed under the allowed density is
two. Division of the existing buildings with the balance of the property being at least
20 acres in size is consistent with the City's objectives to maintain large contiguous
parcels in the Urban Service Area for future urban development.
2. The proposed use's compatibility with present and future land uses of the area.
Comment. The subject site is surrounded by the following uses:
Direction
Land Use Plan
Zoning Map
Existing Use
North
LD Residential
PUD District
Single Family
East
Agriculture
A-1 District
Agriculture
Rural Single Family
South Agriculture A-1 District Agriculture
West Agriculture I A-1 District Agriculture
The immediate division of one additional development site from the subject site will
create no compatibility issues. Furthermore, long term use of the property is not
compromised by dividing the existing buildings from the balance of the property.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance.
Comment: The proposed use will conform to all applicable performance standards
excepting existing non -conformities.
4. The proposed use's affect upon the area in which it is proposed.
Comment: The proposed division is not anticipated to have a negative impact to the
area in which it is proposed.
5. The proposed use's impact upon property values of the area in which it is proposed.
Comment: Although no study has been completed, the proposed use is not
anticipated to impact property values.
6. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Comment: The proposed Zoning Map amendment and the proposed use will not
impact traffic capabilities on CSAH 37 or Odean Avenue. .
7. The proposed use's impact upon existing public services and facilities including
parks, school's, streets, and utilities, and its potential to overburden the City's service
capacity.
Comment: There will be no impact upon the City's service capabilities related to this
application.
F. The planning report dated 28 May 2003 prepared by the City Planner, Northwest Associated
Consultants, Inc., is incorporated herein.
G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 2
June 2003 to consider the application, preceded by published and mailed notice. Upon
review of the application and evidence received, the Otsego Planning Commission closed
the public hearing and tabled action on the application to their 16 June 2003 meeting.
H. Following further discussion at the 16 June 2003 Planning Commission meeting, the
Planning Commission recommended by a 5-0 vote that the City Council approve the request
based on the aforementioned findings.
DECISION: Based on the foregoing information and applicable ordinances, the request for a
conditional use permit for lots size less than 20 acres within the A-2 District is hereby approved
based on the most current plan and information received to date, subject to the following conditions:
The maximum number of lots to be divided is two and only one parcel may be less than 20
acres in size.
2
Established in 1962 INVOICE NO. 68719
LOT SURVEYS COMPANY, INC. F.B.NO.
LAND SURVEYORS SCALE: 1" = 200'
REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA o Denotes Iron Monument
7601 73rd Avenue North 789-500-9099
Fax No. 789-680-3822
Minneapolis, Minnesota 88428
Ourvrigurs ZertifirstPrth line of the NE1/4, Sec. 33
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LOT DIVISION:
LARRY SWENOON
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We hereby certifythat this is a true and correct
representation ofa survey of the boundaries of the
above described land and the location of all
buildings and visible encroachments, if any, from or on
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Legal Description:
The Northeast 1/4 of Section 33,
T121, R23, Wright County,
Minnesota. Except the East 2163
feet thereof.
Subject to Highway and any
easements of record, if any
Total Area = 28.981 Acres
Parcel A:
The North 474.00 feet of the
Northeast 1/4 of Section 33, T121,
R23, Wright County, Minnesota.
Except the East 2163 feet thereof.
Subject to 70th St. and Odell Ave.
and any easements of record, if any
Parcel B:
The Northeast 1/4 of Section 33,
T121, R23, Wright County, Minnesota:
Except the East 2163 feet and Also
the North 474.00 feet thereof.
Subject to Odell Ave and any
easements of record, if any
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We hereby certifythat this is a true and correct
representation ofa survey of the boundaries of the
above described land and the location of all
buildings and visible encroachments, if any, from or on
acid land.
The South line of-'
the NE1/4, Sec. 33
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Legal Description:
The Northeast 1/4 of Section 33,
T121, R23, Wright County,
Minnesota. Except the East 2163
feet thereof.
Subject to Highway and any
easements of record, if any
Total Area = 28.981 Acres
Parcel A:
The North 474.00 feet of the
Northeast 1/4 of Section 33, T121,
R23, Wright County, Minnesota.
Except the East 2163 feet thereof.
Subject to 70th St. and Odell Ave.
and any easements of record, if any
Parcel B:
The Northeast 1/4 of Section 33,
T121, R23, Wright County, Minnesota:
Except the East 2163 feet and Also
the North 474.00 feet thereof.
Subject to Odell Ave and any
easements of record, if any
915 21
- Slgned
0w1(
Charles F. Anderson, Minn. Reg. No.21753 or
Gregory R. Prosch, Min Reg No. 24992