CR 91-275 Waiver Of Plat - 6 Webster Place a
• December 10, 1991 Council Report 91-275
wAIVER OF PLAT - 6 WEBSTER PLACE
Proposed Action.
Staff recommends the following motion: Move to approve
Resolution 91-150 approving the waiver of plat at 6 Webster
Place.
The Zoning and Planning Commission unanimously approved
Resolution RZ91-21 recommending to divide 6 Webster Place
into two lots.
overview
The applicant is proposing to divide the existing lot at 6
Webster Place into two lots. The division would create one
lot of 59,931 square feet and a second lot of 91,889 square
feet.
The new lot created is the northern section of the existing
lot which abuts Minnetonka Boulevard.
The action as being proposed will allow the lots to be
divided without going through a full platting process.
• The staff reviewed the applicant's request with the
Commission. There was little discussion on this matter by
the Commission.
Primarv Issues to Consider.
o Do the proposed lots meet the zoning requirements?
o Where is the access to the new lot?
o Are there any other requirements for the
applicant?
o What is the staff recommending for park
dedication?
o Why waive the plat instead of a subdivision?
Supnortinq Documents.
o Analysis of Issues
o Resolution 91-150
o Memo from Jim Gessele
o Location Map
o Survey
Nanc S. Anderson
Planner
•
� Council Report 91-275
Page 2
� Primarv Issues to Consider.
o Do the new lots meet the zoning requirements?
The Bellgrove area is zoned R-1-E which requires a minimum
lot size of 40,000 square feet. Both the lots meet this
minimum requirement. The existing home will have the
minimum setbacks required in the R-1-E district with the lot
split.
o Where will the new lot have access ?
The new lot will have access from Minnetonka Boulevard. The
access to the existing lot will not be affected and will
remain from Webster Place.
Hennepin County will need to grant a driveway permit when
the home is constructed.
o Are there any other requirements for the applicant?
The applicant will be required to hook up to city water and
sewer when a home is constructed. The fees required for the
connections are defined in sections 705 and 710 of the City
Code.
� Attached is a memo from Jim Gessele, explaining the charges
to connect to city water and sewer.
o What is the staff recommendinq for park dedication?
The park dedication ordinance allows �or the dedication of
land or cash. In this case the staff is recommending that
there be a payment of cash in 1 ieu of land . The f ee f or a
single family home is $500.00. The Park Board also
recommended the payment of cash.
o Why waive the plat instead of a subdivision?
It has been past practice that if an applicant requests a
simple lot split, the City waives the plat instead of
requiring a subdivision. A subdivision is more expensive
and more time consuming than a waiver of plat. A waiver of
plat wil.l accomplish what the applicant is requesting.
Alternatives.
1. Approval of the waiver of plat. By approving the
applicant's request to divide the property at 6 Webster
Place, the applicant will be able to divide the
� property at 6 Webster into two lots.
� Council Report 91-275
Page 3
� 2. Deny of the waiver of plat. By denying the waiver of
plat the applicant will not be able to divide the
property at 6 Webster Place.
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: 91-150
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICATION
FOR A WAIVER OF PLAT
WHEREAS, an application for a waiver of plat entitled WVR 91-2
made by Bertin Bisbee is approved.
WHEREAS, the procedural history of the application is as
follows:
1. That an application for waiver of plat WVR 91-2
was filed with the City of Hopkins on October 19,
1991.
2. That the Hopkins Planning Commission reviewed such
application on November 26, 1991.
3. That the Hopkins Planning Commission, pursuant to
published and mailed notices, held a hearing on
November 26, 1991: all persons present at the
hearing were given an opportunity to be heard.
4. That the written comments and analysis of the City
Staff and the Planning Commission were considered.
NOW THEREFORE BE IT RESOLVED, that application for WVR 91 is
hereby approved subject to the following Findings of
Fact:
� 1. That the new lots meet the minimum lot size
requirements for an R-1-E district.
BE IT FURTHER RESOLVED, that application for WVR 91 is hereby
approved subject to the following Conditions:
1. That when a home is constructed on the vacant lot, it
will be required to connect to City sewer and water.
2. That the required fees are paid to connect with the
City sewer and water.
3. That the applicant obtain a driveway permit from
Hennepin County for a driveway when the home is
constructed.
4. That the recommendation of the Park Board for the park
dedication ordinance is met.
5. That a drainage easement dedicated to the City on both
lots will be required up to 100 year flood elevation.
Adopted this 17th day of December, 1991.
Nelson W. Berg, Mayor
• ATTEST:
James A. Genellie, City Clerk
• C I T Y O F H O P R I N S
M E M O R A N D U M
DATE: December 11, 1991
TO: Nancy Anderson, City Planner
Lee Gustafson, Public Works Director
FROM: Jim Gessele, Engineering Superintendent �'TG
SUBJECT: LOT SPLIT - 6 WEBSTER PLACE
This is a follow-up to my memo of November 26 concerning the lot
split for the property at 6 Webster Place and serves as
clarification of some staff recommendations.
My understanding is that the newly created parcel must connect to
city water and sanitary sewer facilities as a condition of the
lot split. By virtue of Section 705.03, Subd. 3 of the City
Ordinance, the City has in the past applied previous Bellgrove
neighborhood utility assessments and accrued interest from the
. original assessment date to any newly created parcels. In this
case the new parcel would be subject to charges of $5,952.50 for
sanitary sewer and $4,572.03 for water main. These charges are
valid through 1991 and are based on the original unit assessment
and interest charges at 7% over eighteen years.
Normally a street charge would be assessed against the parcel,
but staff has difficulty in establishing street benefit in light
of the parcel fronting on Minnetonka Boulevard, a county road.
Staff therefore recommends waiving this latter charge.
The owner of 6 Webster Place feels sanitary sewer benefit is
dubious because existing sanitary utilities do not front on the
proposed parcel. In this case staff may be willing to waive the
$5,952.50 charge on the condition that the City order a project
to extend sanitary sewer main along Minnetonka Boulevard to the
new parcel and assess the cost to the owner. I have prepared
estimates that reflect such an assessed project and residential
service line cost and they are found in Alternative 1- Options A
and B. These options are predicated on a gravity system.
I have also attached Alternatives 2 and 3 that call for an
ejector pump and force main system. Staff feels that either one
of these alternatives should without question be subject to the
previously mentioned connection charge because they make direct
• connection to an existing sanitary main.
r
With the water main located in Minnetonka Boulevard and fronting
� directly on the new parcel, there is no question that the
connection charge of $4,572.03 be assessed. The combined water
and sewer charges can be assessed to the property owner over 15
years at 8%.
The owner of the property has indicated his interest in
approaching the Council to either cancel or reduce the utility
charges. I feel it is important that this information be
attached to your Council Report concerning waiver of plat for 6
Webster Place.
JG12111A
�
�
.�
. ALTERNATIVE 1 - OPTION A
Extend sanitary sewer along Minnetonka Boulevard from County
Road 73 to the new parcel.
0 554 LF 8" DIP main @$18/LF $ 9,972.00
o Place 350 LF of main on timber piling
(22 piles x($12/ft x 20 ft) $ 5,280.00
0 2 manholes @ $1,000/MH - $ 2,000.00
Subtotal $17,252.00
10% Contingency 1,725.00
Subtotal $18,977.00
20o Engineering/Admin. 3,795.00
Total Assessed Project $22,772.00
o Residential service line cost
75 LF @ $12/LF 900.00
� Total Cost to Property Owner $23,672.00
------------------------------------------------------------
ALTERNATIVE 1 - OPTION B
Extend sanitary sewer along Minnetonka Boulevard from County
Road 73 to the new parcel.
0 554 LF 8" restrained flexible joint
DIP main @ $24/LF $13,296.00
0 2 manholes @ $1,000/NIIi $ 2,000.00
Subtotal $15,296.00
10% Contingency 1,530.00
Subtotal $16,826.00
20% Engineering/Admin. 3,365.00
Total Assessed Project $20,191.00
o Residential service line cost
• 75 LF @ $12/LF 900.00
Total Cost to Property Owner $21,091.00
• ALTERNATIVE 2
Gravity system from proposed building to manhole at Loring
Road is not feasible. Use an ejector pump and force main
service and connect to Loring Road.
0 588 LF 2" PVC force main pipe
@ $12/LF - $ 7,056.00
o Ejector pump 1,000.00
o Sewer main connection charge 5>952.50
Total cost to property owner $14,008.50
------------------------------------------------------------
ALTERNATIVE 3
�
Use an ejector pump and force main service and connect to
Webster Place sanitary sewer. This alternative requires a
cross easement from the owner splitting his lot.
0 375 LF 2" PVC force main pipe
@ $12/LF $ 4,500.00
o Ejector pump 1,000.00
o Sewer main connection charge 5,952.50
Total cost to property owner $11,452:50
�
_`�
, ,�
i�� � \ ' ? � r � ���� �
. ►� � ` � � `�� �
� � A ��// ` � � � 1 = �i�/ ''��
� , ,.,�, �//. � ` � �. �� !
'� ►�,� �'�- � � � �� � _ �� �������� ' �,—
1�' ' � ��-- t. � ,. . . _,� �/���- �.
. � .�. _ , _.i
�_ �. � __
��--� _�••� --� �,i.. ,��•r _
\ - ...-�.�--.�.-.- ��-- ` �� /
Q . ; y i �� y
� -��
. . _ ��''� � �17��� ����� .��
� _ � � *.� yi �� :..ir=.,a, M ° - _ .�.�r�.�_.-+ �'------ - �l1�''^-.- �-.�-----_ � ' �
� ' { ��� y , � ``��\��\���` ' • ' � � ! � 1 �
I '//1���� " �� `\`��``������� ����� � �
� %ii�/,( �r � \ �� 'A � � �i
� �� `
i
' --� � � � . �� � ��,'-!. ,�, � j � a
' � � � � �� A�/S 3 �i
�t. :! < `� ""� �jj-?�"'"`.��' ,
. 1 �a � ,--�,� •. .,� /// r �'�"�t 0 i �'��
//// �/! �►� � ���� .
� ' a,�'' �a"�' ��� �{�\
- �: � �1 ,. � � � \�
,, �, . , , �,� �
, � �I � ,
� �� � �� ��
j , ;, �` � . � � �� �. �►
��////, '� ���
,_ �^� � ,:� -` �'�.`_► �
W ► - - ��'�� � , , N, �.t '� r �►
�;,�.��; a �. ;��
�'' ��.�, '�� -, ��
� , -�� � ' • �� *� ' ���
� � � �. �� ,� 1 �
I � �� �� ` �/j� ' ' �t�±►
/
E / ; � �/� '"I►
� . � � s ��'��. � � �, . • . . • • ' ''
, � �\. �• � .``�+-- /�� �
` �
r' Y/i ' �`� • ` ' a�
�
� \ � � �� ���+ �=
► �\ - ���� �. _ -
� � -,,,t,,� , /�j�- _ . � , ` _
� �. � �� .- :�.,:��
1 � . -- r♦ - �1�
�, � � '- �<<<\ , l ,- f� �� / ,, � 1
L � r �,.00 � , �►�t� �� � i��i►�
' • � I�� ���r�' � � '� ` i% � '� ��� ,`
, �� � i �. � �►
- !-k� � ���_ i.,. �- ///%/ � J►
� : , r"'� f` � � '""�� . rE A• �
. - �� �
, '� � ���i,��,� �� , �
1 ��, � ,�,� � �. .
v
�
� ' .,
.vpkins City Code 705.01
� Section 705 - Sanitary sewer system
705.01. Tap; license required. No person may tap or make any perforation or
opening of any kind in a sanitary sewer pipe, or make connection to a sanitary
sewer main or building sewer in the city, without first having obtained the
licenses and permits and paid the fees required by this code.
705.03. Sewer connection Subdivision 1. Permit No public sewer in any
right-of-way shall be tapped or connection made thereto from any lot, piece ar
parcel of land withovt first securing a written permit to do so from the
building official upon proper written application therefor.
Subd. 2. Application for permit. Appiications shall be made upon forms Co
be provided therefor by the city and require the follo�,:ing information:
(a) exact legal description of premises for which sewer connecxion is
applied, including plat and parcel number;
(b) address of premises;
(c) name and address of plumber or other contractor;
(d) name and address of owner of premises;
• (e) date of opening and installation of connection;
(f) general description of type and method of conr.ection to be used
or made; and
(g) such other pertinent information as the building official may
require.
Subd. 3. Fees: charges. The following fees and charges shall accompany
the application:
(a) the fees set by chapter X;
(b) if, for the parcel described in such application, the city has
not been reimbursed or otherwise secured for said parcel's proportionate
beneficial share of the special benefit and total cost of the construction
and installatfon of the public sewers within the project district or area
in or £rom which the parcel is to be served, the applicant shall pay an
additional su� equal to that proportionate share of such special benefit
and cost which said parcel bears to such entire area or district and which
was specially assessed or charged for said public improvement, plus
interest on said sum at the rate of seven percent per annum from the date
or dates of the original construction or installation of such public
improvements to the date of the issuance of the connection permits.
�
M • �
.opkins City Code 710.13
� 710.13. Fees; charges. The following fees and charges shall accompany each
application for each connection of any premises to the public water mains:
(a) the fees and cost of inspecticns as set farth in chapter °;
(b) if, for the parcel described in such application, the city has
not been reimbursed or otherwise secured for said parcel's proportionate
beneficial share of the special benefit aad total cost of the construction
and installation of the public sewers within the project district or area
in or from which said parcel is to be served, the applicant shall pay in
addition to all other permiC fees, a sum equal to that proportionate share
of such special benefit and cost which said pazcel bears to such entire
area or district and which was specially assessed or charged for said
public improvement, plus interesC on said sum at the rate of seven percent
per annum from the dare or dates of the original construction or
installation of such public improvements to the date of the issuance of
the connection permits.
710.15. Special fund. Fees and charges shall be deposited or paid into a
special assessment fund or account and may be credited to the special
assessments which may have been theretofore levied for water or sewer
fmprovements involving the premises for which the special connection fee has
been callected.
710.17. Terms and conditions Subdivision 1. General rule Permits shall be
• subject to the:fo.11owing terrr,s and conditions, and the making of the application
for such a permit, the grantins of the permit by the city, and the tapping of
the water main pursuant to the permit shall constitute a binding acceptance of
such terms and conditions by the ok�ner of the property, and by all assignees,
successors, grantees, heirs or representatives of such owner.
Subd. 2. Backfill The applicant shall backfill the opening in the street
and leave the street, curb and sidewalk in a condition satisfactory to the city;
5ubd. 3. Anthorized use No permit shall authorize anything not stated in
the application, and for any misrepresentation in such application the permit
will be revoked. The owner shall abide by all the laws, rules and regulations
governing or relating to the use of city water, or pertaining to Che water works
of the city that are now in force or may hereafter be enacted. The permit is to
be used for no premises other than thase stated in the application.
Subd. 4. Additional mains The owner shall make no objection to the
laying of additional water mains in the streets adjoining said land, and upon
any such mains being laid the owner shall sever the permitted connecCion and
make a new connection with such mains laid after the granting of such permit if
required by the superintendent so to do. ,
5ubd. S. Waiver By the permit the owner waives all claims for damages
against the city on account of damages to water pipes caused by freezing,
breaking or from any other cause.
�
�
�
{4) 3 3 (�) � �+�. 9 (7) !0 (8) • 6 5 4
? 6 , (8) (7)
� ._ �
(5) �
. 2 � (9) I
5 (9} {�'O) (!I)
�2) {i) 1 !! 12 13 14
, � ///00 � � I �
�
�f CDUNT Y R0,4D 11 Vl/IVNETQl1�k' � �o'os
� /070(
,,,, B � va �
5
(15� � ( I 0) r07Gt5'
� N (34) 2
(13) 1 t35)
� - '
5A {(I) (!2}
2 2
(16) � s , I
((6)
' � � 4 2 �/P . 2 4 -
�e � T R P �
� (32) 5 ' � 3 .. /
7 � � ^ ' $ �(
C39I. /9 . 6 ' � , �! �
�
2 C D 1(31) �22) � �21) t33j �` �/
14 j 13 12 V 9
' � l331 �.� \ � ' �
> I �, \ . �
's) � s _
' . � �' '� (29) 8 � �
`:: . .. ! :! � `s (30) (19} (20) i32) ( �i j
� " {23) � 9 i 0 1 I
►27) , ,�
' /4 /2 l0 8
ROA c,,
. .� — —
c2a) �� f �
: - ` � 13-117
� 23 �
_. _ _
� ::.. . �
...v_�._��..... _.�.
�� , . ...� .�
_ .�..�.pA�._
� -�
�.. �� .._;.
����`�.� �� `: � i , - - _ . ..
:. ;�� , � .,..��� :-_�_,._
��� z:�:=: - . -
�
, .. �., �
•�. <. .,�x � -�- ,>„�, �� � ,..� .. ��
" �'�,� �a�r
- ; i '.� .�. > m �:� -,:�� e _�;�''��' � . '4 _., y';: • .. . • �
; .�, _ ..-; .+_ . . _.: : . .
' � . .. r . ` '. ,. . . . ' .,
. . -. . _. � . �s �
w ��� � 3 ; .
.. ��,;4� � .� . •
' � #.^3..{� � J { . :
� .,.... aTS . �. �, �!������� .
'
- _. _ _.... . .__ .. . . �4� . ....c .st . ^r�. � .. _ . .
. . �. . —i . r.... . w�vv r �... �✓
�Nl.l corner o� 4 � comer o� Lo� 4�. L=5.o so�y from the
R=5696.77 Plof=340.75 , �', i •,7R=5662.48 point on the west line of
i .. - --• - - �-- P9ea5. 340.55 __ . ,.
the northwest corner of s
�>20 i •••�- 20 ' � i '
: I 1 � �
:i�
—� � .� ���.�..���.�,� i
; �� A file or record
� County, Minnesota, wfiich lixs s
I / � ...�
� / p � Beginning at a point on t
� � � � p o southerly from the northe
� t l. _ � p o i n t o n t h e w e s t l i n e o f
/� / 4� , J
; - �� i i the northwest corner of s
L...
A cv Q � tot 3, except that part lying N�
� n j� 1 � � � described line and its extensioi
r / ; � y � o P s a i d L o t 3, di stant 1 2 0.05 f�
� � P�oPosed Qivis�on Line "� L line, from the Southeast corner
to said South line, 18 feet; th�
� / � � � degrees 00 minutes a distance o�
� / a . ^ :` i 114.9 feet to a�point on the We�
I .
� m" � ••••42'1.4� •�•- - Northerly as measured along saic
�;;_ -0,..__�— ._.—� � Lot 3 and there terminating, Blc
� �r thereof on file or of record in
a "'���>i3 for Hennepin County.
� � � �,
¢ � � ° �/ r _ ''��
,
� N ►,1a�� around Pa�io�� _ .�
� ti � �
� � �..
7 a . �
�.�� � � ��; . �
i �(
m �
. � „' 9. � \
. o i
, . � .
� W � � v i >
: I �
./ � J V- `i /
�' ^ l m ; ..
� � . ry 41 ?`? r' � Q 1 . .
.� J � � -- � �, <. �� ._ � t_ '
, - �� � � o
, E ti� 1 � �
I, � � �`� 38 ``I`. \ � '� ;:� :3, o
� D � � � a� 3 '• j �'� �"
_ ' ' ''y
I 1 e � a �f
1 � i � r �� 3 `�. `'`,� � � ,\ti I
� � .
�n ° � z m � �
:9 �ry. 3 G . � �� � C°92� �
- ;, ;'' � \ � Q_ 50 •..
( //O -._. �j SS 9 ` �
. � � � N � � ' QO.' �-.-� $o � . 1 ' �
': ti $ `�' I
, � h� � 28.52 - �—' � �
'' 43/,.... � — i2o. os - _
• ' do� N v , .� �Sl✓ comer a�Lo� 3
s
_ _ � i ,� 5Yy line o� �o� 3
J �' .
��
" 90 ,.
�-�. , lrlE�BS�'�',2 . _ . . __ _
� ..�.. . _ _ _ . . i°LACF .
, � _
__ _ __
•< �� M!/ Y �Y �! Q/ Y K� ` ,80UL E'VA �'�D �o��ty Minnesota, which 1 ies no
. N4.1 corner o� Lo� 4 � NE� corner o� Lo� 4-.. Beginning' at a paint on th
R=5696.77 Plaf=340.75 �'-•.. ,' C=S.o southerly fram the northea
y- --- �=8/.60� - ° - -�--/"/eas. 340.55 -•-- . �,. R=5662.48 point on the west 1 ine of
the northwest corner of sa
2o i �'�` 20 � � ,
I ��
-�- � �'- ��"'� � . �
�~ � � � � That part of Lat 4, B1ock 7, "Be
� �
file or of record in the office �
i / . �••� CouRty, Minnesota, which lies so�
i
� 0 � Beginning at a point on th�
0 1 { 0 -� southerly from the northea:
� � �E � �' J point on the west line of ;
� � � � the northwest corner of sa
� i �
A N 0 � Lot 3, except that part lyir�g No�
P "
, � described line and its extension<
� y ° C of said Lot 3, distant 120.05 feE
Pro osed /���ision L�ne � '' line, from the Sautheast corner c I
� f P � �' to said South line, 18 feet; ther
^ � degrees 00 minutes a distance af
�_ � �' _� I14.9 feet to a�point on the West
m" ' ���- g-27.q-� --�- Northerly as measured along said
"-"-' _-"- "-'--' '-,--. _--- --- �---- .s�'—_ .�'--�- ^---- ----- -•--�- --- ----- --- ----- � Lo t 3 a nd t h e re termi n at i ng , 61 oc
� � _ thereof on file or of record in t
� �����`'�3 for Hennepin County.
�
� c � ^
Y`' ° �/ r r ;� � �;
� � Wa�� arouncy Pa�ro'� ;. -,.. . �
P � � �
/ r Q . •.� �.` /�
� � �' �
�, m �� :
�--., '" �� �.., • 9 i�
0
` � � � � v � �'� � �
/ � : -�
� � f
_ - � �v� s�, m� o Q / - ., ti
� a,
���••'� � ---- ,,, O< `\ ' � _ o \ /
/ — / �,,,� V^ � � \ �
� G n, .� � Q , O
� `
� 38 ` � \ .-- 3/ °
� �o ��`. `�` � i�
P � � �� �. �. � � ��� 1'
� � � N � � /�—
� � ' !�
' G�h � 3 `�• \
� q �
,�, � �� �.
� ::' � o � m m �` �`
_, . ��' �' 6 S I � � L=9�
` . sst
' ` �
` //p _._ ,5 . � .
J �`,..N S 9 ' o, •, --V •, 9 0 °° j
� �� J
' `�3/_.... _ � �o ���° �� -� 28. s 2 .- �___� i �
` 8p.�_ u� c�, ,� `�� � �- I2o.o5 -.---_--
� .� Sl� corner- ca�Lo� 3 �, _.
a
- , c� t , � Sly line p{_ (o� 3
• �`
� � � - �-- - -----
. -------____._
. ; `� ' _ - - _ . _ ��'�8� �'�'� _ . _ p - _ . _ __ _
- - - '. L,4 �E
� �\