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02-21-12 PC ITEM 2_1 TPC 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC@PIanningCo.com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 15 February 2012 RE: Otsego — Barthel A -1 District Lot Area CUP TPC FILE: 101.02 — 12.01 BACKGROUND Mr. Randy Barthel owns a 2.98 acre property with a single family dwelling located at 6597 MacAlister Avenue. The lot was created in 1986 under Wright County jurisdiction when it was divided from the remaining 63.33 acre property to the south (owned by Bradley and Deborah Praught). Under Wright County's Zoning Ordinance in effect at that time, the lot area was to be limited to 2.5 acres. In order to meet the maximum lot area standard, the lot is configured as a flag lot with a 40 foot wide access strip extending 324 feet back from MacAlister Avenue. The existing flag lot is a legal non- conforming parcel as it does not have the required 150 feet of frontage to a public street. Mr. Barthel is proposing a minor subdivision to adjust the boundaries between his property and the adjacent 63.33 acre parcel to include the land to the east and west of his property increasing the total area of his property to 9.73 acres. Both parcels are zoned A -1, Agriculture Rural Service District under the Otsego Zoning Ordinance. Section 20- 51 -5.F of the Zoning Ordinance limits the area for lots of record established prior to 14 October 2002 to 2.5 acres unless a larger area is approved by conditional use permit. A public hearing has been noticed for 21 February 2012 to consider an application by Mr. Barthel for a CUP to allow a lot area greater than 2.5 acres for a lot of record established before 14 October 2002 within the A -1 District. Exhibits: A. Site Location B. Existing Survey C. Survey of Parcels to be Added ITEM 2_1 TPC 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC c@PlanningCo.com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 15 February 2012 RE: Otsego — Barthel A -1 District Lot Area CUP TPC FILE: 101.02 — 12.01 BACKGROUND Mr. Randy Barthel owns a 2.98 acre property with a single family dwelling located at 6597 MacAlister Avenue. The lot was created in 1986 under Wright County jurisdiction when it was divided from the remaining 63.33 acre property to the south (owned by Bradley and Deborah Praught). Under Wright County's Zoning Ordinance in effect at that time, the lot area was to be limited to 2.5 acres. In order to meet the maximum lot area standard, the lot is configured as a flag lot with a 40 foot wide access strip extending 324 feet back from MacAlister Avenue. The existing flag lot is a legal non- conforming parcel as it does not have the required 150 feet of frontage to a public street. Mr. Barthel is proposing a minor subdivision to adjust the boundaries between his property and the adjacent 63.33 acre parcel to include the land to the east and west of his property increasing the total area of his property to 9.73 acres. Both parcels are zoned A -1, Agriculture Rural Service District under the Otsego Zoning Ordinance. Section 20- 51 -5.F of the Zoning Ordinance limits the area for Tots of record established prior to 14 October 2002 to 2.5 acres unless a larger area is approved by conditional use permit. A public hearing has been noticed for 21 February 2012 to consider an application by Mr. Barthel for a CUP to allow a lot area greater than 2.5 acres for a lot of record established before 14 October 2002 within the A -1 District. Exhibits: A. Site Location B. Existing Survey C. Survey of Parcels to be Added ANALYSIS Lot Area. Lots in the A -1 District established before 14 October 2002 are limited to a maximum lot area of 2.5 acres unless approved by a CUP. The intent of this provision at the time the subject lot was established was for agriculture preservation purposes to maintain large tracts for crop production and limit intrusion of non -farm uses into agricultural areas. Under the City's Comprehensive Plan and Zoning Ordinance, the purpose of this limitation has evolved to one for staging urban expansion to maintain large tracts for future subdivision and development at urban densities. Under both circumstances, Section 20- 51 -5.F of Zoning Ordinance allows a lot area greater than 2.5 acres, but not larger than 10 acres, provided that: a. Existing buildings occupying an area larger than the lot size minimum. b. The land involved in the subdivision is non - tillable and marginal for use in agricultural production. The configuration of the applicant's lot that was created under Wright County is limited in area to preserve as much acreage as possible with the parent tract but does not meet the intent of the provisions. The area east of the subject site is a small, squared parcel that can be used for crops (with some maneuvering) but has limited potential for future development. The area west of the applicant's existing lot includes wetlands that would be non - tillable, is marginal for use in agricultural production and cannot be developed. There is some useable area that could be developed by the property owner with extension of 54 Street from Otsego Preserves in the future. Based on these factors, the proposed minor subdivision to enlarge the applicant's lot to 9.73 acres would satisfy the criteria for a lot area greater than 10 acres. As an after the fact consideration, the location of the single family dwelling on the property dictates a lot area greater than 2.5 acres if the minimum lot width requirement of the A -1 District is to be met as described in the next paragraph. Lot Width. The minimum lot width in the A -1 District is 150 feet. This is the same standard that would have been required under Wright County jurisdiction at the time the applicant's lot was created, but the subject site has only 40 feet of frontage onto MacAllister Avenue. There is no documentation in the property file as to how the subject site was approved as configured, but with less than 150 feet of frontage to MacAllister Avenue the City would deem the lot to be non - conforming under its Zoning Ordinance. The proposed minor subdivision to add the parcel of land due east of the subject site will increase the width of the lot to 325 feet exceeding the minimum lot width requirement of the A -1 District and eliminating the non - conforming condition. Right -of -Way. The certificates of survey show MacAllister Avenue existing as a township road by prescriptive rights. As part of the minor subdivision, the City will require that a roadway easement of 33 feet from centerline of the existing roadway be recorded against the property. 2 The applicant must also dedicate a roadway easement to allow for extension of Mason Avenue from Otsego Preserves across the southwest corner of the proposed 9.73 acre parcel to allow for future street and utility extension to serve the larger 63.33 acre parcel. Areas within the proposed 9.73 acre lot could also be potentially developed with extension of this street by the property owner. The alignment of this easement would be subject to review and approval by the City Engineer. Park Dedication. The proposed minor subdivision does not result in the creation of any new buildable parcels. As such, there is no requirement for dedication to the City's park and trail system. Utillities. The subject site has an existing on -site well and septic system. The proposed CUP and minor subdivision applications do not affect the existing systems. Criteria. The Planning Commission is to base its consideration of the application upon (but not limited to) the criteria set forth by Section 20 -4 -2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: The subject site is guided for future low density residential use by the Comprehensive Plan as part of Urban Service Expansion Area W1. Until such time as sewer and water utilities are extended, the subject site is to remain in rural use under the interim land use plan policies of the Comprehensive Plan. This includes maintaining A -1 District zoning and allowing rural residential lot sizes subject to the area requirements (minimums and maximums) established by the Zoning Ordinance. The proposed minor subdivision to increase the area of the subject site to 9.73 satisfies the criteria outlined in Section 20- 51 -5.F of the Zoning Ordinance based on existing wetlands and the area to be added being problematic for future subdivision based on the configuration of existing lot lines. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The subject site is surrounded by the uses outlined below. Approval of a CUP to allow the proposed minor subdivision will not cause any compatibility issues with existing uses in the area or negatively impact future urban expansion. Direction Land Use Plan Zoning Map Existing Use North Industrial A -2 District Agriculture field UM residential East Industrial A -2 District Agriculture field Rural residential South Industrial A -1 District Agriculture field UM residential West LD Residential R -4 District Single Family Residnetial 3 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The proposed lot will meet all requirements of the Zoning Ordinance including eliminating the non - conforming condition of the subject site for a lot width Tess than 150 feet. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The proposed CUP and minor subdivision will not result in any additional traffic generation. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The proposed CUP and minor subdivision will not result in any increased demand for public services or effect public service capacity. RECOMMENDATION The requested CUP to allow a lot size in the A -1 District larger than 2.5 acres satisfies applicable criteria in that the proposed minor subdivision will not negatively affect future urban expansion and will eliminate an existing non - conforming condition. As such, our office recommends approval of the application as set forth below. POSSIBLE ACTIONS A. Motion to approve 1. The minor subdivision shall be processed in accordance with Section 2 of the Subdivision Ordinance and is subject to review and approval by the Zoning Administrator. 2. The PID 118- 500 -31420 shall be deed restricted to prohibit further subdivision unless rezoned or as otherwise may be allowed by the Zoning Ordinance. 3. The applicant shall dedicate roadway easement for MacAllister Avenue as determined necessary by the City Engineer. 4. Roadway easement provided for extension of Mason Avenue from Otsego Preserve with an alignment subject to review and approval by the City Engineer. 4 B. Motion to deny the application based on a finding the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table. c. Lori Johnson, City Administrator Tami Loff, City Clerk Ron Wagner, City Engineer Andy MacArthur, City Attorney 5 Randy Barthel CUP Date Created: 2/14/2012 Site Location c/1 ✓4f�� [[ 1oVBNI @w ��3� r -� t 118500311200 11.850031 100 C j l J 322200 ' - ~ i" `- »» � L��ai)111A 67TH( ALL LL egend ! Roads • I t s i a - CS ° u,� 118500311300 � J 118 1 13' 1400 118500322300 — �'CL MUNIC f � iA N PRIVATECL oC TWPCL .41‘5%0 j CCity/Township Limits � � ` / dJ 'F ti ° t /\ 7\ `/ ❑ Parcels r - , . 4- r M , u -t- a -1-1\ EL� n %8 00314200 11809900 010 118500314400 118 1 1 3400 1 i I.;H • n4 114800061111 I 114800052200 ' .I a 4 (� 114800061111 114800052201 - 1-. TH S. NE 114800061300 '• - F - F - 1018001.2400 1148011523 N` °.=1 I. /1 -ia ....... • . Certificate of Survey for NOFTH, LoFr.,JEF. c� - �e'14. Randy Barthel ham. 'S 1 1 - (..rP. 21, R 23 (- -r r . c 6, 6 1 /4 or �GC.31 — ,, 74' T,7, °i �$a ° 22 15 w A)5ci .11 '� L , I 1 o- l - , �__ ,2 .21 Lk- ,Az-ia�, 1 "fs TO 03 ° Oq " �w e r"; 1 /J ° 09 ° ?i?� ' 1 °o' G (1I II I' 7,-A( 1 a f_ Ju_1 - - I • � j , 1 0. 0 50 100 200 300 ©VI GRAPHIC SCALE IN FEET • 1 I L 1 0 0 DENOTES IRON MONUMENT -- -- ' 3toZ.00 -- - Pi °oq°zz' Is & 133 3 3 We hereby certify that this is a true and correct representation of a survey of the boundaries of the land des- That part of the SE4 lying west of the centerline of a township cribed above. It does not purport • road, Section 31, Township 121, Range -23, Wright County, to show improvements or encroachment, Minnesota described as follows: Commencing at the northwest ii any. As surveyed by me this corner of the said SE4; thence N 89° ° 22' 18" E (assumed • � day of , 196... . • • bearing) along the north line of said SE4, a distance of 648.41 feet to the actual point of beginning; thence S 0° 39' 30" E, a BY , /Ie_ distance of 325.00 feet; thence N 89° 22' 18'.' E, a distance of 362.00 feet; thence N 0° 39' 30" W, a distance of 285.00 feet; Minnesota Registration No. 7439 thence N 89° 22' 18" E, a distance of 324.27 feet to the centerline of said township road; thence northerly along the said centerline a distance of 40.09 feet to the north line of the said SE4i thence S 89° 22' 18" W along the said north line, a distance of 688.95 feet to the point of beginning. Containing 3.00 acres and subject to the right of way of said township road. MEYER- RCHL:N,;NC REVISIONS ENGINEERS -LAND SURVEYORS • T71 Hwy. 25N., 3utlalo. Minn. . 5313 DATE S -Q - ° 010 DRAWN BY BOOK l La SHEET_ — FILE NO. SZzcF1n�, PAGE 1 Q•- 1 SHEETS �- e--Lo l'=; - . Certificate of Survey -for 1Jor- twwGS'1 Lop,oaly op -fA� � �'�, - °P R.an_dy Barthel G9e, z. . 31, -(wP• }V1, fZ • N 'o4 ° G I �.— -- - - L A. .41 -- — — -- . - 41-111.111 jJ L.Ia6 oi' I 1 N �9 °2 Ib ���� 11 1NY ��w� t VJ Uh"\ 'N �'Cti(QrCi� N 1 V ' t o �� m Z ,at`I‘ Gay ' ci Oil 3. . o 4z) �, p V' J til Qa�c�.�. A 0 S y1 O 1�A cc: " � '� !/: , � ri W , 1) • • 44 •e63 0% . ' 0 0 0 I . Z Ov • - I` 2 1 3. � l - 2 N 1 .. . If 1 %t TS /!�` \ ....-s • --- lO - - - - �i - 0 -2,1,.1 0 0 "6 3[02.00 - - -- — Z Lo•o ° o. • - �•i S °09 22' `°o ,� �/`� h ° o9 ° 2Z�1 ° owe/ / lr I ' . _ . . 0 50 • 100 200 300 — -- GRAPHIC SCALE IN FEET PARCEL A PARCEL B • 0 DENOTES IRON MONUMENT That part of the SE- lying west of the centerline of That part of the SE4 lying west of the centerline of a township road, Section 31, Township 121, Range 23„ a township road, Section 31, Township 121, Range 23, We hereby certify that this is a true Wright County, Minnesota described as follows: Wright County, .Minnesota described as follows: and correct representation of a survey Beginning at the northwest corner of said SE4f Commencing at the northwest corner of said SE4; of. the boundaries of the land des- thence. N 89° 22' 18" E (assumed bearing) along the thence N 89° 22' 18" E (assumed bearing) along the cribed above. It does not purport north line of said SE4�, a distance of of 648.41 north line of said SEA, a distance of 648.41 feet; to show improvements or encroachme feet; thence S 00° 39' 30" E, a distance of 325.00 thence S 00° 39' 30" E, a distance of 325.00 feet; if any. As surveyed by me this /2 L'' feet; thence S 89° 22' 18" W, a distance of 648.41 thence N 89° 22' 18" E, a distance of 362.00 feet to day of/07 , 19 V---. feet; thence N 00° 39' 30" W, a distance of 325.00 the actual point of beginning; thence N 0° 39' 30" - feet to the point of beginning. W, a distance of 285.00 feet; thence N 89° 22' 18" �C? ^G1 E, a distance of 324.27 feet to the centerline of BY said township road; thence southerly along said centerline a distance of 291.16 feet to a line that MinnesotaMinnesota Registration :;o. 7439. • bears N 89° 22' 18" E from the point of beginning: thence S 89° 22' 18" W, a distance of 264.08 feet to MEYER_RCHLIN;NC REVISIONS • the point of beginning. Subject to the right of way ENGINEERS- LA NosuRVEIORS of said township roaci. TM Hwy. 25N., Buffalo. Minn. . S5313 . GATE S — 12-- ° .,Co DRAWN BY BOOK \moo SHEET 1 OF FILE NO. • S ce• ,1 *- 1 ' -', PAGE 1 A. 1 SHEETS S- ° oLo 1S-] ••• • • • • • • • • • • • •+ • 1 ? 1 • • • • • • •••• •,t• "••• a • • • • • a t , • 0 • • • • • 0 • • • • • • • !/ 4 • a • • • 00 ••••••• • •r ♦v • •a• • 111 1-lakanson Conditional Use Permit Review Anderson BY: Ronald J. Wagner, City Engineer DATE: February 15, 2012 RE: Randy Barthel CUP Application Findings The conditional use will require dedication of a 33' wide easement for MacAllister Avenue and an easement to allow for the extension of Mason Avenue to the east and south through the southwest corner of the proposed parcel. RECOMMENDATION We recommend approving the CUP contingent upon the items above being addressed. Barthel CUP Page 1