CR 97-153 Waiver Of Plat - 130 9th Ave SAugust 28, 1997
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 97 -87, approving a
waiver of plat at 130 19th Avenue North.
At the Zoning and Planning meeting, Mr. Gross moved and Mrs. Boen seconded a motion to
approve Resolution RZ97 -16, recommending approval of a waiver of plat at 130 19th Avenue
South. The motion was approved unanimously.
Overview.
In conjunction with the Excelsior Boulevard project, 19th Avenue South will have a
cul -de -sac constructed at Excelsior Boulevard and 19th Avenue. The City purchased 130
19th Avenue South and had the home removed. The construction of the cul -de -sac will utilize
a portion of the lot at 130 19th Avenue South. The waiver of plat is necessary to divide the
area needed for the cul -de -sac from the lot.
The City has sold the lot and a new home will be constructed on the lot.
Primary Issues to Consider.
o What is the lot zoned?
o Does the proposed lot meet the zoning requirements?
o Does the lot meet the requirements for a waiver of plat?
o What was the discussion at the Zoning and Planning meeting?
Supporting Documents.
o Analysis of Issues
o Resolution 97 -87
o Survey
tit _4 111k11 A 1 / k.
Nancy
Planner
Anderson, AICP
0 P K
WAIVER OF PLAT -- 13019TH AVENUE SOUTH
Council Report 97 -153
Primary Issues to Consider.
What is the lot zoned?
Alternatives.
CR97 -153
Page 2
The subject lot is zoned R -1 -B, single family high density. A single family home can be
constructed on the lot.
Do the proposed lots meet the zoning requirements?
The zoning ordinance requires a 50 -foot minimum lot width at the front yard setback line.
The new lot will meet this requirement. A minimum lot size of 8000 square feet is required
for a lot in an R -1 -B zoning district. The new lot will be over 8,000 square feet
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 division meets the requirements for a waiver of plat.
o What was the discussion at the Zoning and Planning meeting?
Staff reviewed the need for the waiver of plat. Staff noted that the lot had been sold and the
only use for the lot is a single family home. There was no one in the audience to speak on this
issue.
1. Approve the waiver of plat. By approving the waiver of plat, the right of way for the cul-
de-sac will be divided from the lot at 130 19th Avenue South.
2. Deny the waiver of plat. By denying the waiver of plat, the land for the cul -de -sac will not
be divided from 130 19th Avenue South. 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.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 97 -87
RESOLUTION MAKING FINDINGS OF FACT
APPROVING OF A WAIVER OF PLAT AT 130 19TH AVENUE SOUTH
WHEREAS, an application for a waiver of plat, WVR97 -2, has been made by the City of
Hopkins; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for a waiver of plat, WVR97 -2, was made by the City of Hopkins;
2. That the Hopkins Planning Commission, pursuant to mailed notice, held a meeting on the
application and reviewed such application on August 26, 1997: all persons present were
given an opportunity to be heard;
3. That the written comments and analysis of the City staff were considered.
4. Legal descriptions of the new properties are as follows:
130 19th Avenue South
The East 168.4 feet lying South of the North 240 feet of that part of the Southeast Quarter of the
Southeast Quarter of Section 23, Township 117, Range 22, described as follows: Beginning at a
point where the Northerly line of the abandoned right of way of the Chicago, Milwaukee and St.
Paul and Suburban Railway Company (later leased to and occupied by the Minneapolis, St. Paul
and Suburban Railroad Company) as said right of way was located and constructed across said
Southeast Quarter of Southeast quarter of said Section 23, is intersected by a line parallel with
and 660 feet West, measured at right angles from the East line of said Southeast Quarter of
Southeast Quarter of said Section 23; running thence north on said parallel line 310.3 feet; thence
West at right angles 673.6 feet, more or less, to the West line of said Southeast Quarter of
Southeast Quarter of Section 23; thence, South on said West line 358.2 feet, more or less to said
Northerly line of right of way; thence Easterly along said right of way line to the point of
beginning.
which lies westerly and southwesterly of a line described as follows:
Commencing at the southwest corner of the Southeast Quarter of the Southeast Quarter of
Section 23, Township 117, Range 22; thence run northerly along the west line of said Southeast
Quarter of the Southeast Quarter on an assumed bearing of North 03 degrees 16 minutes 56
seconds East for a distance of 53.42 feet; thence North 89 degrees 43 minutes 43 seconds East
for 736.06 feet to the actual point of beginning of the line to be described; thence North 57
degrees 33 minutes 30 seconds West for 109.50 feet; thence deflect right along a tangential curve
having a radius of 41.41 feet delta angle of 101 degrees 00 minutes 43 seconds, for 73.00 feet;
NOW, THEREFORE, BE IT RESOLVED that Waiver of Plat WVR97 -2 is hereby approved,
based on the following Findings of Fact:
BE IT FURTHER RESOLVED that application for Waiver of Plat WVR97 -1 is hereby approved
based on the following conditions:
Adopted this 2nd day of September, 1997.
ATTEST:
Terry Obermaier, City Clerk
Page 2
thence North 36 degrees 45 minutes 48 seconds East for 65.62 feet and said line there
terminating.
New right -of -way
The East 168.4 feet lying South of the North 240 feet of that part of the Southeast Quarter of the
Southeast Quarter of Section 23, Township 117, Range 22 described as follows: Beginning at a
point where the Northerly line of the abandoned right of way of the Chicago, Milwaukee & St.
Paul Railway Company (later leased to and occupied by the Minneapolis, St. Paul & Suburban
Railroad Company) as said right of way was located and constructed across said Southeast
Quarter of Southeast Quarter of saki i Section 23 is intersected by a line parallel with and 660 feet
West, measured at right angles from the East line of said Southeast Quarter of Southeast Quarter
of said Section 23; running thence North on said parallel line 310.3 feet; thence West at right
angles 673.6 feet, more or less, to the West line of said Southeast Quarter of Southeast Quarter of
Section 23; thence South on said West line 358.2 feet, more or less, to said Northerly line of right
of way; thence Easterly along said right of way line to the point of beginning.
which lies easterly and northeasterly of a line described as follows:
Commencing at the southwest corner of the Southeast Quarter of the Southeast Quarter of
Section 23, Township 117, Range 22; thence run northerly along the west line of said Southeast
Quarter of the Southeast Quarter on an assumed bearing of North 03 degrees 16 minutes 56
seconds East for a distance of 53.42 feet; thence North 89 degrees 43 minutes 43 seconds East
for 736.06 feet to the actual point of beginning of the line to be described; thence North 57
degrees 33 minutes 30 seconds West for 109.50 feet; thence deflect right along a tangential curve
having a radius of 41.41 feet delta angle of 101 degrees 00 minutes 43 seconds, for 73.00 feet;
thence North 36 degrees 45 minutes 48 seconds East for 65.62 feet and said line there
terminating.
1. That the waiver of plat meets the requirements of the subdivision ordinance.
2. That the new lot meets the zoning requirements.
1. That the waiver of plat is filed with the Hennepin County Recorder.
Charles D. Redepenning, Mayor
NORTH
SCALE
1" = 50'
J � i
W. LINE. SE 1/4, SE 1/4, SEC.
eci
in
is
SW CORNRR, SE 1/4, SE 1/4, SAC. :
r
1TY OF HOPKINS
the North 240 feet of that part of the Southeast
Section 23, Township 117, Range 22, described
iere the Northerly line of the abandoned right of
St. Paul and Suburban Railway Company (later
eapolis, St. Paul and Suburban Railroad Company)
3d constructed across said Southeast Quarter of
3 is Intersected by a line parallel with and 660
from the East line of said Southeast Quarter
23; running thence North on said parallel line
glee 673.6 feet, more or less, to the West lin of
Quarter of Section 23; thence South on said West
id Northerly line of right of way, thence Easterly
point of beginning,
y of a line described as follows:
r of the Southeast Quarter of the Southeast Quarter
22; thence run northerly along the west line of said
Quarter on an assumed bearing of North 03 d grees
distance of 53.42 feet; thence North 89 degrees 43
23, 16 feet to the actual point of beginning of the line to
. ees 33 minutes 30 seconds West for 109.50 f et;
tic( curve having o radius of 41.41 feet, delta angi
ends, for 73.00 feet; thence North 36 degrees 45
feet and said line there terminating.
prepared by me or under my direct supervision
Ind Surveyor under the laws of the State of Minn sota.
ESM'T FOR Jack Bolke
Minnesota License No.20281
RBAN RAILWAY CO.
AND U7it1'
w
IC
EGAN, FIELD & NOWAK 0/4c. 741 TTA Y -^'4I
3689
2496/50 f5Q SURVEYORS (612) '
Z 3S86R1