CR 98-56 Waiver Of Plat - 2 St Albans Road E•
April 1, 1998
WAIVER OF PLAT - -TWO ST. ALBANS ROAD EAST
Council Report 98 -56
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 98 -21, approving a
waiver of plat to divide the lot at Two St. Albans Road East.
At the Zoning and Planning meeting, Mr. Engel moved and Ms. Boen seconded a motion to
approve Resolution RZ98 -4, recommending approval of a waiver of plat at Two St. Albans
Road East. The motion was approved unanimously.
Overview.
The applicant, Mark Honey, is proposing to divide the lot at Two St. Albans Road East into
two lots. The existing home is located on the north side of the lot, which allows the south
side of the lot to be available for another lot.
The existing lot is on the corner of St. Albans Road and Minnetonka Boulevard. The existing
lot is approximately 222 feet x 369 feet with 94,266 square feet.
Primary Issues to Consider.
o What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
o Do the lots meet the requirements for a waiver of plat?
o Does the lot meet the minimum lot size for the R -1 -E zoning district?
o What can be constructed on the new lot?
o Is a park dedication fee required?
o What was the discussion at the Zoning and Planning meeting?
Supporting Documents.
o Analysis of Issues
o Survey
o Resolution 98 -21
OIL, 411r.2/11,ita
Nancy ( . Anderson, AICP
Planner
Primary Issues to Consider.
CR98 -56
Page 2
o What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
The lot is zoned R -1 -E, Single Family Low Density. The Comprehensive Plan has designated
the site at Low Density Residential.
o Do the lots meet the requirements for a waiver of plat?
The following are the requirements for a waiver of plat:
500.61 Waiver of Plat. Subdivision 1. In certain circumstances a waiver of plat may be more
appropriate than a subdivision to divide a property. An applicant may apply for a waiver of
plat if the following circumstances exist:
a) the division requires substantially a single line
b) the division will not create more than one additional lot
c) the division will not require the dedication of a public right -of -way or extension of
utilities in a public right -of -way
d) the new lots created meet or exceed the existing conditions
The lots meet the requirements for a waiver of plat.
o Does the lot meet the minimum lot size for the R -1 -E zoning district?
The minimum lot size in the R -1 -E zoning district is 40,000 square feet. Both lots will meet
this requirement. The northerly lot (Parcel B) will be 54,265 square feet and the southerly lot
(Parcel A) is 40,001 square feet.
o What can be constructed on the new lot?
The only permitted use is a single family home. The lot does have enough area for the
minimum setbacks.
o Is a park dedication fee required?
A park dedication fee is required when a home is constructed on the new lot.
o What was the discussion at the Zoning and Planning meeting?
Staff reviewed the proposed waiver of plat. Mr. Engel asked if the City would be liable if
there were private covenants on the site that prohibit lot splits. Jerre Miller responded that
the City would not be liable. Mark Honey, the applicant, appeared before the Commission.
CR98-56
Page 3
Mr. Honey stated that he wants to construct a new home on the lot. Mr. Honey also stated
that the owner of the property will approve the design plans for the new home.
Alternatives.
1. Approve the waiver of plat. By approving the waiver of plat, the applicant will be able to
divide the property as proposed.
2. Deny the waiver of plat. By denying the waiver of plat, the applicant will not be able to
divide the property as proposed. If the City Council considers this alternative, findings
will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
--- ` 1 • 0 11÷
snoirvirinlie
JO 300
. .
89'SOZ
e9
\,)
•
" - 00*OLC 3.6t;8£.00S
2C3
0
0' O
,
cot,
Y7d r ti CEP9Z
\ '
I.
>--
F-
- Z I—
t - D L
•::
Y I__ 0 w
OL
O (f)
Z
E
w tti
z
• — z
z
0 - >:
3.8 1 .20. VON
....„
-
e
r
CO
(
1
:4)
;
Adopted this 7th day of April, 1998.
it ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPIUNS
Hennepin County, Minnesota
RESOLUTION NO: 98 -21
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
A WAIVER OF PLAT AT TWO ST. ALBANS ROAD EAST
WHEREAS, an application for a Waiver of Plat WVR98 -1 has been made by Mark Honey;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a waiver of plat was made by Mark Honey on March 2, 1998;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a
meeting on the application and reviewed such application on March 31, 1998: all persons
present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered; and
4. The legal descriptions of the new lots are as follows:
Parcel A
The south 163.75 feet of Lot 1, Block 1, Bellgrove, Hennepin County, Minnesota.
Parcel B
Lot 1, Block 1, Bellgrove, Hennepin County, Minnesota, except the south 163.75 feet thereof.
NOW, THEREFORE, BE IT RESOLVED that the application for Waiver of Plat WVR98 -1 is
hereby approved based on the following Findings of Fact:
1. That the waiver of plat meets the requirements of the subdivision ordinance.
2. That the new lots meet the zoning requirements.
BE IT FURTHER RESOLVED that application for Waiver of Plat WVR98 -1 is hereby approved
based on the following conditions:
1. That the waiver of plat is filed with the Hennepin County Recorder.
Charles D. Redepenning, Mayor