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8. Metes & Bounds, subdivide 1375 Lilac lane I PC DATE: R ,; CITY OF I CC DATE: 8/13/90 16HANHlaSS N _ E � r CASE #: 90 11 SUB 1 ' By: Olsen/v I STAFF REPORT i ' PROPOSAL: + Metes and Bounds Subdivision to Subdivide a 10 Acre IParcel into Two Parcels of One Acre and Nine Acres 11 :2! Action Dy City Adminhtrator LOCATION: Southwest Corner of Lilac and Teton Lane ✓ ®w Endnmtd I (1) APPLICANT: Jim Donovan Pq6,ta'1- -°-- J 1375 Lilac Lane Excelsior, MN 55331 "e`` `` 'yr ` kn tint �hr. ,,. ,_ tufl, ,�.� 0-Cy C4 #1 __ /4;''_ 8- 13 _ 1 0 PRESENT ZONING: RSF, Single Family Residential IACREAGE: 10 acres IDENSITY: ADJACENT ZONING AND I LAND USE: N - Shorewood; single family S - RSF; single family E - RSF; single family Q W - RSF; single family 4 WATER AND SEWER: Available to the site. IPHYSICAL CHARACTER. : The site currently contains 1 single family W residence. I MOM 2000 LAND USE PLAN: Low Density Residential I II I • i M • T O O 0 O 0 O O O O O I H I I �� C _ .N _ ii. ;Nig A _ � 'i LAKE ;,. , milij Imo' RD. , T � _ 414 dirsta„ Illkircigill - 0.. , TRAP,min in 1-Fillff I;Ibajr-isoi.--'" 41 AP._ • A rida ir-to, , NFL ii- ��-• , i ?� ..`.• • ki,- . rra MX VI -. 1 1 'ENO e0OMk1Mkgr0AA.jai■ rFi/if lla l,,: �■ - lwregnit 01 .rir i NI�� \�pi: Ilimmennem pi • tii i J : p L. • �■ •v .... *. � c et NN!ul1 A f, .L i� � al rill "7 �'" 1 "- ► \ ipm Firm IN.5Vitp,6595 : , \' Y S .. . n rAt = e 11l)i��C, t ..',fir \\ li A..l. ■ r .Rc �, 17.1P ffla i' v.,11 , OR , 1 LAKE LUCY B : is =-._! •INS �„i-rTriAr 7- l l\ RD gip► ig �� IN ='=r "ii0 t d*e 'mod'L 4,-;1:41.:--=I - -- 4,21r INF 11159 Li 1 - gra it: N- "6 :: ga avrth% zs ; ISO \7* 1,:461," A -MUM , m11111611111‘. tee% ���.t di woo, ' �dl\ a IOW r,..•......;;.• 000 /t► ritr,E i44p S4 j, ., 13 4 1- •iffiripa ow i neet,, -,,,,,tfr,,,,, Tr/ ,, cr.,. wor„.,,,,,..0 .‘„,,,, , comingi... ....... .la 41 'vim. ,Il LAKE A.NN , :1 . 4 #4141 pt. v ponaf, *V ill• ii b" w szi v , N iv .7,st tisk 11*- 0 v.■ RD t " ''I11ti1 ,L .•.tit.-.... At fal , ..oti -..... IN P. ..-.— 0 --______4- --_, =4P.C.7 146 .114 ti" P ',le"Id* lij 1 slily W '.11.' let.*? ?.. (1?1-.fotPI-4 g Iriv I Donovan Subdivision I August 13, 1990 Page 2 , BACKGROUND In 1987, the City Council reviewed and approved the subdivision for Curry Farms. One of the major issues of this subdivision was whether or not to improve Teton Lane to public street standards and allow Curry Farms to connect to Teton Lane for secondary access. Teton Lane could provide an alternate access to Powers Boulevard via Lilac Lane. After much study, including a feasibility study and neighborhood meetings, it was determined to barricade Teton Lane to not allow flow through traffic to or from Curry Farms and to maintain Teton Lane for access only with existing residences. Curry Farms residents are directed back out to the south through the plat. One of the opponents to improving Teton Lane was the subject applicant, James Donovan. Area residents, including Mr. Donovan, who protested against the Teton connection stated that they had no plans to develop their property. Since that time several Curry Farms residents have indicated a desire to have the Teton Lane connection re-established. PROPOSAL ' The applicant is proposing to use a metes and bounds subdivision to subdivide a 1 acre parcel with an existing single family residence from a 10 acre parcel. The 10 acre parcel has access to both Lilac Lane and Teton Lane. Teton Lane currently has a 33 foot right-of- way under City ownership and Lilac Lane appears to have approximately 33 feet of right-of-way completely under the City of Shorewood's ownership. Therefore, neither street has full public street right-of-way and neither is constructed to City standards. ' With the past history of Teton Lane, the City should take any opportunity to acquire a necessary right-of-way for Teton Lane to be improved to a full street standard should the need ever arise. Consistent with past policy, we believe it is prudent to acquire right-of-way when the opportunity arises and believe that substantial additional development along Teton will ultimately occur. Therefore, as part of this subdivision, staff will be recommending that additional right-of-way be provided from Parcel A and B to maintain a 50 foot right-of-way along Teton Lane and Lilac Lane. It appears that this will be approximately 17 feet of additional right-of-way required. The City of Shorewood has not commented on this subdivision but approval should be conditioned upon their approval. The proposed subdivision will not be changing any of the existing conditions. The existing single family residence will continue to have access on Lilac Lane and there are no current plans for additional residences on Parcel B. After the subdivision is approved, a building permit for a single family residence could be applied for on Parcel B. Staff will be conditioning approval of II IIDonovan Subdivision August 13, 1990 IPage 3 ' the subdivision on the Engineering Department being able to review and approve where access for a residence on Parcel B is proposed Iwith the right to require improvements to Teton Lane or Lilac Lane if necessary. I The ordinance requires connection to City sewer and water if within 150 feet. City sewer and water is located along the south portion of Lilac Lane. The existing residence does not have sewer and Iwater and must therefore, be connected. The new lot lines for Parcel A bisect an existing garage and locates an existing shed on Parcel B. This results in violation to I the Zoning Ordinance for setbacks and accessory structures on a lot without a principal structure. Therefore, the applicant must relocate both the garage and shed either off the site or onto II Parcel A where they meet the required setbacks. These buildings must be relocated before the subdivision is filed or a $1,000 financial guarantee should be deposited with the City to ensure Icompliance with the condition. It should also be noted that the 1,000 foot elevation located in the southeast corner of the site is the boundary of a marginal :' Class B wetland. The area should be designated as a wetland and protected by a drainage easement. Typical utility and drainage easements along the exterior and internal lot lines of Parcel A and ;' B must also be provided. II COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Lot Lot Home Area Width Depth Setback II Ordinance 15,000 90' 125' 30' front/rear 10' sides I Parcel A 1 acre 142 ' 239 ' 125' front 102 'rear 53 ' & 60 sides IParcel B 9 acres 624 ' 660' N/A Variances required - None IRECOMMENDATION IStaff is recommending the City Council adopt the following motion: "The City Council approves the Metes and Bounds Subdivision #90-11 to create Parcel A and B as shown on plans dated July 16, 1990, Iwith the following conditions: II r � I n Subdivision 11, Donovan 13, 1990 Page 4 , 1. The City of Shorewood shall review and approve the proposed subdivision. 2. The applicant shall provide right-of-way along Teton and Lilac Lane to maintain full 50 foot street right-of-way. 3. If a future building permit is applied for Parcel B, it shall be contingent upon connecting into City sewer and water located on Lilac Lane. , 4. The applicant shall provide typical drainage and utility easements along the external and internal lot lines of Parcel A and B. 5. The 1,000 foot elevation located in the southeast corner of Parcel B will be protected by a drainage easement and designated as a protected wetland. 6. The shed and garage on Parcel B shall either be removed or relocated onto Parcel A where they meet the required setbacks. If relocation is not completed prior to requesting filing of the metes and bounds subdivision, a $1,000 financial guarantee should be provided to the City. 7. The existing single family residence on Parcel A must hook up to the existing City sewer and water along Lilac Lane. ' 8. If further development or land division is proposed for these two newly created parcels, nr ; a °°° . Lane, it is recommended that a full street and utility improvement project be conducted for Lilac Lane and also the barricade to Teton Lane shall be removed. 9. Park dedication fees shall be paid at the time a building permit application is requested for Parcel B. " ATTACHMENTS ' 1. Memo from Assistant City Engineer dated August 9, 1990. 2. Letter from John LeDuc dated August 7, 1990. 1 CITY OF 1 CHANHASSEN ' 10)404 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 ' MEMORANDUM TO: Jo Ann Olsen, Senior Planner FROM: Charles Folch , Assistant City Engineer ' DATE: August 9 , 1990 SUBJ: Proposed Land Division for Jim Donovan ' File No. 90-23 Land Use Review The subject parcel consists of a 10-acre area zoned residential single-family (RSF) . The property is bordered on the east by Teton Lane and to the north by Lilac Lane. Lilac Lane is within the city limits of Shorewood. However, the City of Chanhassen has a utility easement for the sanitary sewer and water along the southern portion of Lilac Lane. The City currently has 33 feet of right-of-way on Teton Lane between Curry Farms 2nd Addition and Lilac Lane to the north. This right-of-way was acquired by purchasing the private easement rights at Centex's cost in cooperation with Curry Farms 2nd Addition. An additional 17 feet is required to bring the right-of-way up to City standard. Teton Lane is presently barricaded at the boundary with Curry ' Farms 2nd Addition. This condition resulted from a strong neighborhood opposition to the street improvement proposal and the assumed existence of a 100 year trust against subdividing the referenced parcel. ' The proposed land division would create a Parcel A with an area of approximately one acre and a remaining Parcel B with an area ' of nine acres. The existing driveway access off of Lilac Lane is proposed to continue to serve Parcel A. The proposed land division is not showing any additional accesses from Lilac Lane or Teton Lane. If an access is needed from Teton Lane, or if ' future subdivision is proposed, it is recommended that the street be upgraded to City standards . I Jo Ann Olsen August 9 , 1990 Page 2 ' As previously mentioned, sanitary sewer and water is available on 11 Lilac Lane. The existing home located on Parcel A shall be required to connect to City sewer and water as a part of the land division approval . In addition, any future building permits for Parcel B shall be conditioned upon connection to the sanitary sewer and watermain on Lilac Lane. RECOMMENDED CONDITIONS 1. The easterly 17 feet shall be dedicated as right-of-way to Teton Lane. This would provide a 50-foot total right-of-way width on Teton Lane (City standard) as would be needed for any future street and utility improvement to Teton Lane. 2. The existing home on Parcel A shall hook up to City sewer and water. 3. If a future building permit is applied for Parcel B, it shall be contingent upon connecting into City sewer and water located on Lilac Lane. 4 . If further development or land division is proposed for these two newly created parcels , or if access is desired on Teton Lane, it is recommended that a full street and utility improvement project be conducted for Lilac Lane and that also the barricade to Teton Lane shall be removed. ktm ' I August 7, 1990 M . JoAnn Olsen City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Ms. Olsen, ' I would like to make a suggestion pertaining to agenda item number 8, scheduled to be discussed at the council meeting on August 13. In as I will be out of town that evening, I am forwarding these comments in ' hope that you will include them in the briefing packages. Item 8 is the application to subdivide property located at 1375 Lilac Lane. ' As is well documented, Lilac Lane was the topic of some debate about one • year ago, relative to an agreement to close off that road when the Centex development was approved. , ' I would suggest that the development plan which called for the barracading of Teton Lane was a poor one and that it is unfortunate that such a plan was approved. The result of that decision has caused Teton Lane to be a ' segmented roadway, the new portion being a very long single access culdisac. It does not allow adequate access for fire, ambulance and other emergency vehicles. The confusion of a barrier in the middle of the road causes ' delays for every service vehicle which comes into the area. In fact, even the map that was distributed announcing this hearing is incorrect by showing Teton Lane as a through street. It adds an unnecessary amount of traffic to Britton Way which is heavily populated with small ' children and school buses will not service Teton Lane because they have difficulty in turning around. ' The taxpayers of the Centex development would be well served to have the use of Teton Lane and Lilac Lane and it makes good sense to make them available. Although I see no other reason why Mr. Donovan should not be ' permitted to subdivide his property, I strongly encourage the council to take advantage of the opportunity this application provides to rectify a poor access design before they approve any further changes in title to property adjoining Teton Lane. Thank you for your consideration. ' Sincerely, ' ohn LeDuc 6401 Teton Lane • Chanhassen, MN 55317 RECEIVED AUG Q 8 1990 CC: Dale Gregory, Fire Chief CITY (Jt ct1,Nt1ASSEN ' b00 ' 39dd CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: -)14141F5 P0I11OU19-tI OWNER: .3740&-S J)Of'/OL/Iff �r ADDRESS: 12575 L r l/t C L E ADDRESS: /,):75- Li 11¢c Lo-JS/t TELEPHONE (Day time) 337- 97/rf TELEPHONE: 33 7- 9'2/V 1 REQUEST • Conditional Use Permit - $150 ' ♦ Subdivision: II ♦ Interim Use Permit - $150 Preliminary Plat: , ♦ Land Use Plan Amendment - $100 - Sketch Plan - $200 ♦ Planned Unit Development: - Create less than 3 lots - $10011 - Sketch Plan - $200 - Create more than 3 lots - $100 + $15 acre + $5 per lot ' - Preliminary Development Plan lot created $300 + $15 acre - Final Plat - $100 - Final Development Plan - $200 Metes and Bounds - $100 - Amendment to Final Development Plan - $300 + $15 acre - Consolidate Lots - $100 TOTAL PUD TOTAL SUBDIVISION ♦ Site Plan Review - $150 ♦ Wetland Alteration Permit: - Individual Single Family ♦ Vacation of Utility or Lots - $25 Street Easement - $100 - All Others - $150 ♦ Variance - $75 ♦ Rezoning - $250 ♦ Zoning Appeal - $75 ♦ Zoning Ordinance Amendment - I No Charge 1 * NOTE - When multiple applications are processed, the appropriate fee shall I be charged for each application. 1 PROJECT NAME LOCATION �S £ ; ft C 1. f)-N ( C dsi fk'1 )/ gr33/ LEGAL DESCRIPTION See- r ,/l}- f PRESENT ZONING I\ 5 F IREQUESTED ZONING 12 S F IPRESENT LAND USE DESIGNATION S f M l It-- f ftko r 1)/ REQUESTED LAND USE DESIGNATION NO GIN w-/y 4 e- • I REASON FOR. THIS REQUEST 5u_ tl i ' e /l¢CR o 14 /0 4 ck 1 ' This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you II should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. This is to certify that I am making application for the described action by Ithe City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter I pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement) , or I am the authorized person to make this application and the fee owner has also signed this application. II will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees I may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the Iproperty for which the approval/permit is granted within 120 days with the Carver County Recorder's Office and the original document returned to City Hall Records. '• �!F` at'Y` _ 7// /? a IS '/:nature of Applicant Date 41 r z c /d1kcdY1a4._ 7// S' •nature of Fee Owner Date I I Application Received on 7//6'/q D Fee Paid Receipt No. I This application will be considered by the Planning Commission/Board of I Adjustments and Appeals on 1 r I I I I I I I 1