CR 99-155 Waiver Of Plat- 307 Burnes Drive
CITY OF
-
September 2, 1999
HOPKINS
Council Report 99-155
WAIVER OF PLAT-307 BURNES DRIVE
ProDosed Action.
Staff recommends the following motion: Move to approve Resolution 99-77. approving
a waiver of plat to divide the lot at 307 Burnes Drive.
At the Zoning and Planning meeting, Mr. Ross moved and Ms. Swanson seconded at
motion to approve Resolution RZ99-12, recommending approval of a waiver of plat to
divide the lot at 307 Burnes Drive. The motion carried unanimously.
Overview.
The applicant, Arthur Johnson, is proposing to divide his lot at 307 Burnes Drive. Mr.
Johnson currently has a 24,365 square-foot lot. The home is situated on the north end of
the site. Mr. Johnson is proposing to divide the lot into two parcels.
Mr. Johnson has applied for a variance to permit a 10,730 square foot lot. The zoning
ordinance requires a 12,000 square foot lot. If the variance is not granted, the waiver of
plat cannot be granted.
Prima" 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 new lots meet the minimum lot size for the R-I-C zoning district?
. What can be constructed on the vacant lot?
. Is a park dedication fee required?
. What was the discussion at the Zoning and Planning meeting?
SUDDortin2 Documents.
. Analysis ofIssues
. Survey
. Resolution 99- 77
CR99-155
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-C, Single Family Medium Density. The Comprehensive Plan has
designated the site as 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 proposed division meets the requirements for a waiver of plat.
Do the new lots meet the minimum lot size for the R-I-C zoning district?
The minimum lot size in the R-1-C zoning district is 12,000 square feet. The applicant
has requested a variance for the vacant parceL
. Parcel A
. Parcel B
13,635 square feet
10,730 square feet
The home will have the required sideyard setback on the south side.
What can be constructed on the vacant lot?
The applicant is proposing to sell the vacant lot. The only permitted use for the site is a
single family home. The Engineering Division has reviewed the proposed division and
recommended a condition that the future sanitary sewer and water service connections
be made in Minnetonka Mills Road and that the property owner be required to install
approximately 70 feet of 8-inch sanitary main, a manhole, and a connection to existing
sanitary sewer in Minnetonka Mills road to achieve this.
Is a park dedication fee required?
A park dedication fee will be required because a new lot will be created.
CR99-155
Page 3
What was the discussion at the Zoning and Planning meeting?
The discussion regarding the division of the lot occurred at the variance discussion.
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 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.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 99-77
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
A WAIVER OF PLAT AT 307 BURNES DRIVE
WHEREAS, an application for Waiver of Plat WVR99-1 has been made by Arthur
Johnson; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Waiver of Plat WVR99-1 was made by Arthur
Johnson, on July 21, 1999;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
August 31, 1999: all persons present were given an opportunity to be
heard;
3. That the written comments arid analysis of the City staff were considered;
and
4. Legal descriptions of the parcels are as follows:
Parcel A
Tract B, Registered Land Survey No. 1066, Files of Registrar of Titles,
County of Hennepin. That Part of Lot 5, Block 2, Campbell Fourth
Addition, according to the recorded plat thereof, which lies northerly of a
line, and its extensions, drawn from a point on the westerly line of said Lot
5 distant 114.77 feet northerly from the southwesterly comer of said Lot 5
to a point on the easterly line of said Lot 5 distant 107.51 feet
northeasterly from the southeasterly comer of said Lot 5.
Parcel B
That part of Lot 5, Block 2, Campbell Fourth Addition, according to the
recorded plat thereof, which lies southerly of a line, and its extensions,
drawn from a point on the westerly line of said Lot 5 distant 114,77 feet
northerly from the southwesterly comer of said Lot 5 to a point on the
easterly line of said Lot 5 distant 107.51 feet northeasterly from the
southeasterly comer of said Lot 5.
RESOLUTION NO: 99-77
Page 2
NOW, THEREFORE, BE IT RESOLVED that application for Waiver of Plat WVR99-1
is hereby approved, based on the following Findings of Fact:
I. That a variance for lot size was granted for Parcel B.
2. That the lots meet the requirements for a waiver of plat.
BE IT FURTHER RESOLVED that application for Waiver of Plat WVR99-1 is
hereby approved based on the following conditions:
I. That the future sanitary sewer and water service connections be made in
Minnetonka Mills Road and that the property owner be required to install
approximately 70 feet of 8-inch sanitary main, a manhole, and a connection to
existing sanitary sewer in Minnetonka Mills Road to achieve this.
Adopted this 7th day of September, 1999
Charles D. Redepenning, Mayor
ATTEST:
Terry Obermaier, City Clerk