5.a Staff Report Hermes Meeting Date: 8/5/08
Agenda Item: , }
,)
Planning Commission/City Council C
Agenda Report
City of Scandia
14727 2091h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Discuss the request of Jim & Nancy Hermes for an infoiiiial review of
a proposed lot division and variance in Kirkhill Estates, 22577 Kirk
Ave. N.
Deadline/ Timeline: N/A
Background: • Jim and Nancy Hermes own 4.3 acres in a single parcel that was
platted at two individual lots in 1972. There is a home on the
northerly parcel (Lot 6, 2.29 ac) and the southern parcel (Lot 7,
2.01 ac) is vacant. The two lots were combined in 1995.
• The Henries' have submitted a letter (attached) asking that the city
allow them to "reclaim" lot 7 as a separate building site. They
would like "reasonable assurance" that the city would approve
their request before submitting formal applications.
• Since the original subdivision, zoning regulations and
comprehensive plan policies have changed. While the original
two parcels would meet the minimum lot size and width of the
current regulations, the 1 unit per 10 acres maximum density has
been exceeded so no subdivision would be allowed without a
variance.
• Approval of a variance requires a finding of hardship that the
property cannot be put to a reasonable use under the strict letter of
the ordinance requirements (see attached excerpt of Development
Code Chapter 1, Section 6.4 for complete Criteria for Granting
Variances.)
• If a variance would be approved, the division of the site into two
parcels could be approved under the minor subdivision process.
Application requirements include a survey, topography maps,
wetland delineation and soil tests (see Development Code Chapter
3, Section 5.)
Recommendation: The Planning Commission should review and discuss this request.
You may wish to consider whether the proposed lot division would
Page 1 of 2
07/24/08
meet the criteria for issuance of a variance. You may also wish to
consider whether or not sufficient information is available to
determine whether the proposed lot is buildable, due to the lack of soil
tests and wetland delineation at this time. The Commission may wish
to caution the Hermes that until all required information is submitted,
and the required public hearing held, no final determination can be
made on such a request.
Attachments/ • Vicinity Map
Materials provided: • Letter from Jim & Nancy Hermes to Dennis Seefeldt
• Property tax statement, PID# 07.032.20.23.0010
• Excerpt of Scandia Development Code, Variance Criteria
Contact(s): Jim & Nancy Hermes, 651 433-3577
Prepared by: Anne Hurlburt, City Administrator
(hermes informal review)
Page 2 of 2
07/24/08
10311 1 22933 11
1 it 10740
23009
i 22900 \ 10455
22922
.. ..8
\ .
i 10115
I22850 \ _
\1 ' 10563
091
10077 10830
\ 22800 /
/ 22880
,..,
10011 ../
2281M TN
'-, ..../
10033
Z2740 II'
,..,/
22638 22635
k.
.
--' 10921
\,‘
22633 22570
9979
22600
9939 ..
------\\ / ".
9959 22577 /
22577
— I -'-- I 22560
I
/ 6i 377441
, 22550
10200 10250 I
1
__ 0*22355 1/
I
- 366 1
,.4). .„.---
r. ,
31 91300
10203' 1022 22350 \
T1811 ,
5 is f, ,feferzace pufRos,eg%fly, ,
zi..„--—1-1 .fr-,_iv,---7\<,
... . __,
cy—i _.,.._ (2..,:- c.).... — ..-.,A. (,) - .(9-- — C-.)C:-) 1 (---)
c7( )73 -T!,-)c-C-'-7 7
`
DcnniSSccfeldt
13809 ScaodiuTrui}
8cxndia, N1N5507S
Dennis,
lum writing you about the conversation we had last fall about reclaiming Lot 7 Block 2
ofKbkhiU Estates as u separate buildable lot.
| would like to request o special hearing by the Scandiu Planning Commission to reclaim
Lot Block of8]rkhiU Estates osuseparate building site, }\ little history on how this
all evolved over the ycu[x; lot 7 was originally approved o separate huiU»uhlcbythe
Township of New Scundiu and byWashington County, in 1972.
After selling 0o[ |8 lots Oonn )970 (o l975 Washington County put a \0'ycur halt on
Building because of change in county soil testing requirements. Then after 10 years the
soil test requirements were rectified. Before we got permission k` sell again, the
minimum lot size requirements were increased and we lost the right to ucU u number of
lots including lots 6 and 7us the county and township had originally uppnovcd.
Consequently
make one site. We built our bocor in 1985 (where we still live today) on lot 0 with the
hopes of some day selling |o\ 7. Lot 7 has underground electric ready tohe built on today.
Lot 7 is also one of the highest buildable lots in the development &. larger that almost all
lots bn our development & the new development to the south. In 1995 l combined lots 6
& 7 \ocut down on the taxes l was paying.
Lunt fall City Administrator &/u`c Dur\bud listened to my request and said to consider
separating the lots l nccdcJ to get wetland delineation and soil \cnt done first. These test
will cost us approximately $1,500 to $2,000 & we will do all you ask but want to have a
reasonable assurance that we can reclaim this osu separate buildable lot. | ,/ou|d like to
hear what you would recommend.
In Conclusion } vvnu|d like to request that the original plat herestored. See the list have
attached of the dates and list of sales. Thank You for your tirne and consideration on this
matter.
Thank You
^
mi
& NancyBomcs
In November of 1972 the official plat was approved by the Township & Washington County as
surveyed by Don C Hult, Registered Land Surveyor.
Land was purchased in 1969 as a 50-acre parcel from Edgar & Luella Johnson. The first 4 lots
were built before the property was officially platted. At this time New Scandia Township &
Washington County approved this process.
Approving the Plat were
Vernon Jellum Chairman
Lowell L Isaacson
Russell Jackson Chairman
Mark Rossi
Idor Pederson Chairman, County Board
Don E Pepper Washington County Surveyor
T.R. Greeder Washington County Auditor
James Simonet Register of Deeds, Washington County
Jim & Nancy Hermes
Time Line of Kirkhill Estates
Dates & List of Sales
1s' lot 2.4 acres sold & home built in 1970 10311 230'h Street North
2" lot 2.18 acres sold & home built in 1971 10421 230`h Street North
3rd lot 2.5 acres sold & home built in 1971 22933 Kirk Ave North
4th lot 2.00 acres sold & home built in 1972 22900 Kirk Ave North
5"' lot 2.41 acres sold & home built in 1972 22850 Kirk Ave North
6''' lot 1.90 acres sold & home built in 1972 22875 Kirk Ave North
7`I' lot 2.70 acres sold & home built in 1973 22839 Kirk Ave North
8''' lot 3.60 acres sold & home built in 1975 22600 Kirk Ave North
County held up next sales for a ten full year because soils did not meet new County soil test
regulations. Some time in 1984 they were changed so they now meet new County requirements.
9'h lot 3.10 acres sold & home built in 1985 22633 Kirk Ave North
10`h lot 6 & 7 4.30 acres sold & home built in 1985 22577 Kirk Ave North Jim & Nancy
Hermes' home
11`'' lot 2.4 acres sold & home built in 1985 22740 Kirk Ave North
12`h lot 3.70 acres sold &home built in 1990 22800 Kirk Ave North
Lot 7 the one we want to reclaim has more square footage then most of our original platted lots &
more that the new development to the south developed by Greg Radefeldt.
•
[ �1 0- " A\
C
o •
6 ♦ P .-` U1
�� �. szti \ �, y 5
w b
.y., \ � 6� J` w C p_
G
r:
�a p ca
W tJ ° ,iti�- v �)
l' / •�
.......
y�Ra+`{s'` vs:::.‘,
w S\Q
_.- O'-. _... .._. ..-., a�.. ,�
N �\
V r
6 _qen..
orb . S' .`"''` Or
f
a ,� u -
1
uT A/g9mS7`4S"4 +-
4
37d_3'E
Qf ka A:_ I
.' ,
11y IP1 _'_ \ N6'rQ'57'45 " E-- a
„, 1 _ '...,,,t, t \4., , 7P.. 3 7
+ t. .-^e.
NI
-2.,_ v
I
* N
I
tf
/ _
—_ I
1-9
t 225thSTREET •N.
__
Q
_ ?‘4/- ---f.
sd°9's7'sf"GtJ
Washington County Tax Statement Page \ of
2OO7 Tax Statement Back o/Tax Statement
Department of TAXPAYER COPY
.k
�/� pnopw�yRmcou]aand o«vsrx/ScmpYponpurunansrsnswoc
W
�J Tawpaymr8ervicos
-.--..-...County�"�u�»t � STATEMENT OF PROPERTY
����� ���������� IN ����
14949O2ndStmo<No�hPO Box 2O0 ^^^^^^-~~ PAYABLE ^^~ �-~~
Stillwater, MN55U82'O2OO
(651)430'6175
vmww.00.wanhington.mn.uo
PROPERTY ID: R 07.032.20.23.0010 TAX DESCRIPTION: K|RKH|LLEST LOT'OOGBLOCK'
002 LOT 8& 7BLOCK
TAXPAYER: 32319 Bill#74434 PAYABLE 2007 PAYABLE2V00
JAyNE5H & NANCYC *ERME8 sifiomdnn
22577K|RK AVEN Improvements
SCAND|AK8N 55073
Excluded:
Now |mpmvemonks/
Expired Exclusions:
Estimate Market Value: 345.500 338.200
Taxable Market Value: 345.500 330.200
Property Class: nssHsTo *ssnsro
1 Uoo�hioamoun�onFonnk�'1PR�000eifyou'roo|igib|ohurap,opo�y�mx K�� �2.745�O0
refund. File by August, 15. If this box is checked, you owe delinquent taxes and
� are not eligible.
2. Use this amount for the special property tax refund on schedule 1 of Form M' $2.721�00
1PR.
Your PvoportyTn�xAnd How b|s Reduced BY-The State
3. Your property tax before reduction by state-paid aids and credits $8.309,97 $6.238.85
4. Aid paid by the state of Minnesota Vu reduce your property tax $3.52752 $3.424.03
5. Credits paid by the state ofMinnesota A. Homestead and Agricultural Credits $61.45 $58.82
tax Vn reduce your property B,Other Credits
0. Your property tax after reduction by state-paid aids and credits $2.721.00 $2.745.00
Property-Tax hyJurisdiction
7. Washington County A. County $86275 $045.31
8. COUNTY RRA $275 $2.51
8. City orTown: 8C4ND|A $800.01 $818.56
0. State General Tax
10, School District: 0831 A.Voter Approved Levies $ 704.08 $037�99
B. Other Local Levies $22027 $ 31836
� 11. Special Taxing Districts A. Metropolitan Special Taxing Districts $44.19 $41.95
8. Other Special Taxing Districts $ 7374 $00.32
� C.Tax Increment
� D. Fiscal Disparity
� 12. Non-School voter approved referenda levies
13. Total property tax before special assessments 82.721.00 $2.745.00
Special Assessments on Your Property
14. Special Assessments 83.00 $ 3.00
� b1tp://wv/v/2.co.washingtoumuus/opip/new\us.usp?pid=070322O2]0O|U 7/11/2008
Washington County Tax Statement Page 2 of 2
Principal: $3.00 co envirmnt: $3.00
15. YOUR TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS $2,724.00 $2,748.00
You may be eligible for one or even two refunds to reduce your FIRST HALF DUE MAY 15 $1,374.00
property tax. Read the back of this statement to find out how to
SECOND HALF DUE OCTOBER 15 $1,374.00
apply.
http://www2.co.washington.inn.us/opip/newtax.asp?pid=0703220230010 7/11/2008
Excerpt of Scandia Development Code, Chapter 1
6.4. Criteria for Granting Variances
(1) No variance may be granted that would allow any use that is prohibited in the zoning district in which the
subject property is located.
(2) An application for a variance shall be filed with the Zoning Administrator; the application shall be
accompanied by development plans showing such information as the Zoning Administrator may require for
purposes of this Development Code. If the application does not contain all required information, the Zoning
Administrator shall send notice within ten (10) business days of receipt of the request, telling the applicant
what information is missing.
(3) Variances shall only be pei mined when they are in harmony with the general purpose and intent of the
Official Controls in cases when there are practical difficulties or particular hardships in the way of carrying
out the strict letter of any official control and when the terms of the variance are consistent with the
Comprehensive Plan.
(4) "Hardship" as used in connection with the granting of a variance means:
(A)The property in question cannot be put to a reasonable use if used under conditions allowed by the
Official Controls; and
(B)The plight of the landowner is due to circumstances unique to the property, not created by the
landowner; and
(C) The variance, if granted, will not alter the essential character of the locality.
(D) Economic conditions alone shall not constitute a hardship if a reasonable use for the property exists
under the tei nis of the Development Code.
(E)The Board may consider the inability to use solar energy systems a "hardship" in the granting of the
variance.
(5) Variances shall be granted for earth sheltered construction as defined in Minnesota Statute 216C,06, Subd.
2 when in hainiony with the Official Controls.
(6) Where, in the opinion of the Town Board, a variance may result in a material adverse effect on the
environment, the applicant may be requested by the Board to demonstrate the nature and extent of that
effect.
(7) The Township may impose conditions in the granting of variances to ensure compliance and to protect
adjacent properties and the public interest.
(8) The Town Board may revoke a variance if any of the conditions established as part of granting the variance
are violated.
(9) No application for the same variance as ruled upon by the Town Board shall be resubmitted for a period of
twelve (12) months from the date of denial of the previous application unless there has been a substantial
change in circumstances as it relates to the request.