CR 98-128 Waiver Of Plat- 246 14th Ave NJuly 29, 1998
Supporting Documents.
• Analysis of Issues
• Survey
• Resolution 98 -51
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Planner.
Anderson, AICP
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WAIVER OF PLAT -246 14 AVENUE NORTH
Council Report 98 -128
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 98 -51, approving a
waiver of plat to divide the lot at 246 14 Avenue North.
At the Zoning and Planning meeting, Mr. Brausen moved and Mr. Blair seconded a motion to
approve Resolution RZ98 -15, recommending approval of a waiver of plat to divide the lot at
246 14 Avenue North. The motion was approved unanimously.
Overview.
The applicant, Thomas Daughenbaugh, is proposing to divide the lot at 246 14 Avenue
North. There currently are three lots that the applicant is proposing to purchase. The lots
involved in the waiver of plat are located on 14 Avenue.
The lots to be divided are Parcels A and B. The existing home is located on Parcel A. Parcel
B is an empty lot. The applicant is proposing to move the lot line 14 feet to the north from
Parcel A; Parcel B will become larger.
The applicant has also applied for a vacation of the alley to the west of Parcels A and B.
Primary Issues to Consider.
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
• Do the lots meet the requirements for a waiver of plat?
Do the lots meet the minimum lot size for the R -1 -A zoning district?
• What can be constructed on the new lots?
• Is a park dedication fee required?
• What was the discussion at the Zoning and Planning meeting?
CR98 -128
Page 2
Primary Issues to Consider.
What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
The lot is zoned R -1 -A, Single and Two- Family High Density. The Comprehensive Plan has
designated the site at Low Density Residential.
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.
Does the lot meet the minimum lot size for the R - 1 - A zoning district?
The minimum lot size in the R -1 -A zoning district is 6,000 square feet. All three lots will
meet this requirement. The following are the areas of the three parcels:
• Parcel A 8375 square feet
• Parcel B 8956 square feet
• Parcel C 8150 square feet
What can be constructed on the vacant lot?
The only permitted use is a single or two - family home. The lots do have enough area for the
minimum setbacks.
Is a park dedication fee required?
A park dedication fee will not be required because no new lots are being created.
CR98 -128
Page 3
What was the discussion at the Zoning and Planning meeting?
Staff reviewed the proposed waiver of plat. Ms. Anderson noted that all the lots were
buildable with the current configuration of the lots. The applicant, Thomas Daughenbaugh,
appeared before the Commission. Mr. Daughenbaugh reviewed the waiver of plat when
discussing the alley vacation. No one in the audience spoke on this issue.
Alternatives.
1. Approve the waiver of plat. By approving the waiver of plat, the applicant will be able to
divide the lot as proposed.
2. Deny the waiver of plat. By denying the waiver of plat, the applicant will not be able to
divide the lot 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.
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A WAIVER OF PLAT AT 246 14 AVENUE NORTH
WHEREAS, an application for a Waiver of Plat WVR98 -2 has been made by Thomas
Daughenbaugh, and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Waiver of Plat WVR98 -2 was made by Thomas
Daughenbaugh on June 19 1998;
That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
July 28, 1998: all persons present were given an opportunity to be heard;
ATTEST:
NOW, THEREFORE, BE IT RESOLVED that application for Vacation WVR98 -2 is
hereby approved, based on the following Findings of Fact:
1. That the new lots met the minimum lot size for theR -1 -A zoning district.
Adopted this 4th day of August, 1998.
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 98 -51
3 That the written comments and analysis of the City staff were considered;
and
A legal description of the parcels is as follows:
Parcel A
All of Lot 1 and that part of Lot 2, Block 93, WEST MINNEAPOLIS
SECOND DIVISION, Hennepin County, Minnesota, which lies North of
the South 14 feet thereof.
Parcel B
All of Lot 3 and the South 14 feet of Lot 2, Block 93, WEST
MINNEAPOLIS SECOND DIVISION, Hennepin County, Minnesota.
Charles D. Redepenning, Mayor
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