Agenda - Planning Commission - 11/19/1996 - Special Meeting

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CASE REQUEST FOR SKETCH PLAN REVIEW OF MULLER ADDITION; CASE OF ROBERT MULLER By: Zoning Administrator Sylvia Frolik Background: Robert Muller is requesting sketch plan review of a 'minor subdivision to be named Muller Addition. The subject property is located in the northwest quadrant of the intersection of 167th Avenue and T.[*I. g47. The subdivision is a replat of Lots 2 and 3 of Block 7, Klemish Addition and the two unPlatted lots that have been subsequently created from the eastern portion of Lot 3. The southerly portion of the plat is currently occupied by a grocery store and a former bank building and tho northerly parcel is occupied by a residential homestead. The purpose of the replat is to achieve one lot for each of the commercial structures that would accommodate appropriate setbacks in the B-1 Business District. The remainder of Lot 2 will remain a residential homestead. The following items are enclosed for your information: a) b) c) Site location map Sketch Plan and Site Survey City Staff review letter dated November 14, 1996 Notification: Minor subdivisions are not required to be subjected to a public hearing. However, as a part of the platting process,, the vacation of pre-existing easements is necessary. State statute requires a public hearing conducted by the City Council with notification to property owners within 350 of the subject property. The public heating has been scheduled for the November 26 Council meeting and properties within 500 feet of the subject property were notified of the hearing. Observations: The proposed Lots 2 and 3 and the southerly 150 feet of Lot 1 are zoned B-1 Business; the remainder of Lot 1 is zoned R-1 Rural Residential. With the replat, the amount of commercial area specifically needed by each of the commercial structures is identified. Mr. Muller may want to consider rezoning that portion of Lot 1 not to be used for commercial purposes back to R- 1 Rural Residential. All of the lots exceed the minimum area and lot width requirements for the R-1 Rural Residential and B- 1 Business District. It is noted on the site survey provided that currently the canopy of the former bank structure extends into a 39 foot easement adjacent to the T.H. #47 right-of-way. As part of the replat, Mr. Muller is requesting that the 39 foot easement be vacated in order that the bank structure will conform with setbacks rather than encroach easements. Staff has researched records and a condition of the Klemish Addition plat was the dedication of an additional 39 feet of easement for future service road purposes. It is not likely that a service road will be constructed parallel to g47 in this area. Therefore, staff has recommended approval of the request for easement vacation and scheduled the necessary public hearing in front of the City Council. There is an exception noted in the southwest comer of Lot 1 that is not accurate. About a year ago Mr. Muller and Mr. Bauer (owner of strip mall west of the subject property) applied for an after- the-fact administrative subdivision to allow Mr. Muller to convey the property shown to Mr. Bauer to accommodate necessary septic system improvements. That administrative subdivision was approved by City_ Staff but the applicants have not followed up by recording a deed at the County for the conveyance of property from Mr. Muller to Mr. Bauer. Therefore, it is staff's recommendation that what is shown as 'exception' be brought into the plat and platted as outlot A. Upon recording the plat at the County, Mr. Muller can provide Mr. Bauer with a deed to Outlot A.