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<br />City Council/P 05-10 <br />August 1, 2005 <br />Page 2 <br /> <br />Overview <br /> <br />The subject property is a 31.73-acres parcel which is bound by Meadowvale Road on the east <br />and 225th Avenue on the south. The corporate boundary of Elk River forms the western <br />property line with Big Lake Township. <br /> <br />Analysis <br /> <br />This property is located in an area that will have 2 % acre lot minimums starting in January <br />2010. The applicant has elected to subdivide the property at this time as opposed to waiting <br />until that date. <br /> <br />The legal description of the applicant's property provides for 31.73-acres. Sherburne County, <br />as a condition of approval, will obtain 2.24-acres of right-of-way for future road <br />improvements and off street trail corridors. This leaves the applicant with 29.49-acres of <br />land to subdivide. <br /> <br />The A 1 zoning district requires lot sizes to be a minimum of 10-acres. The proposed plat <br />would create three 9.83-acre parcels. A lot area variance was granted by the Board of <br />Adjustments on July 26, 2005. Aside from the total acreage, the lots comply with the <br />dimensional requirements for the A 1 zoning district. <br /> <br />There are existing buildings on Lots 1 and 2, an existing home on Lot 1 and several <br />accessory buildings on Lots 1 and 2. The accessory buildings should be removed from Lot 2 <br />prior to any new home being constructed on the lot. <br /> <br />Properry Line Dispute <br /> <br />The applicant and staff have received correspondence from Mr. & Mrs. Stadden regarding a <br />property line dispute. The area of land in question is approximately a Vz-acre on the west <br />side of the ditch indicated on the preliminary plat. Property line disputes are a matter of civil <br />action and the City does not become involved with these disputes. <br /> <br />The Staddens' primary interest is having access to the ditch to keep it cleaned to prevent <br />flooding on their property. They would have preferred to have been deeded the property <br />west of the ditch; however, this would further reduced the lot areas. A private easement in <br />favor of the Staddens' providing them rights of access and maintenance to the ditch should <br />meet their interests. This private easement would be in addition to the drainage and utility <br />easement in favor of the City that is shown on the plat. The applicant and the Staddens <br />need to work through this issue. <br /> <br />S:\pLANNING\Case Files\2005\P 05-10 Meadowvale\p 05-10_CC.doc <br />