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Home My WebLink AboutA002 - Council Action Form dated November 9, 2010 Rt ITEM # 14 DATE 11-09-10 COUNCIL ACTION FORM SUBJECT: DREYER-EASTER MINOR FINAL PLAT BACKGROUND: Gene Dreyer, POB, LLC, is requesting approval of a Minor Final Plat to create a two-lot residential subdivision at the northeast corner of 12th Street and Burnett Avenue. The proposed division divides two existing homes so they can be owned separately. The land is currently platted as Lot 7, Block 7, of Duff's Addition. The two homes are addressed as 1202 Burnett Avenue and 319 12th Street. The plat is a follow-up to the variances that were granted by the Zoning Board of Adjustment (ZBA) on August 11, 2010. Additional building setback nonconformities would have been created because of the address changes to the lots. The ZBA determined that the variance criteria were met and subsequently approved the necessary variances conditional upon at least one of the proposed lots meeting the minimum lot size requirement. The proposed plat meets this condition because Lot 1 is 7,000 square feet (minimum for a duplex) and Lot 2 is 3,771 square feet (variance from the required 6,000 square feet was approved). The following documents have been submitted with the Final Plat: • Resolution Approving Dreyer-Easter Subdivision • Consent to Platting by First National Bank, Ames • Consent document signed by the property owners • Attorney's Opinion verifying ownership and that the property is free of encumbrances except for the mortgage and leases to First National Bank • Certificate of the County Treasurer certifying the property is free of taxes as of October 15, 2010 • New public utility easement along north side of Lot 2 The City Council is required to determine compliance with the applicable law found in Attachment A. Analysis of the proposed subdivision plat demonstrates compliance with zoning and subdivision standards. Based upon the above analysis, the City Council may conclude that the Final Plat conforms to relevant and applicable design and improvement standards of the Ames Municipal Code Chapter 23 (Subdivisions), to other City ordinances and standards, to the City's Land Use Policy Plan, and to the City's other duly adopted plans. 1 Z ALTERNATIVES: 1. The City Council can approve the Minor Final Plat known as Dreyer-Easter Subdivision. 2. The City Council can deny the Minor Final Plat known as Dreyer-Easter Subdivision, based on its own determinations. 3. The City Council can refer this back to staff and/or the property owner for additional information. MANAGER'S RECOMMENED ACTION: The proposed Minor Final Plat for Dreyer-Easter Subdivision is consistent with the ZBA's actions, as well as subdivision and zoning regulations. The proposed plat will allow an existing single family home to be sold separately from the duplex, on what is now currently all one lot. Additionally, this improves the potential for the single family home to be owner occupied and no longer a rental. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1. Approval of the resolution will allow the Final Plat for Dreyer-Easter Subdivision and accompanying documents to be recorded in the office of the County Recorder. 2 } v, j, >�� ✓ YVAT, hum k R d 13TIWO H�ST s Vlw 4 e qa • * vJcal �Y 1 qw8 R al 14'«E O �a t�c5 S�ubjeat 5, IANw � Pro ertV z � � Nis qq ! � �. { �-# k'k s k viapri�- t4'gf_ - - z � e m C a a7 ,� �3 � z� ¢ ZT,cs vi NMI tjL, R `i Dp % 4 a � x re wt !,I 4v ON r� f mX""s' -�"a ear }Sq�Qe tr A� � � � x `` a aye 7e � '� y'� ✓y{ {" g 'S"g"i`s `issb`° i y, 1 �6 °CA."4iyYW .. 1 .Yf }fit b rrm`� �' .�',� r4" ^ •,. s✓� ; ; v �, { . , ti a a Cw�+.b 2 ka . nr - fit' } _ '``�,. ,,d ,.r. Location Map _- 1202 - 1204 Burnett Ave and 319 12th St } N '� L Map Area 0 75 150 300 Feet 3 Attachment A Applicable Law The laws applicable to this case file are as follows: Code of Iowa Chapter 354.8 states in part: `A proposed subdivision plat lying within the jurisdiction of a governing body shall be submitted to that governing body for review and approval prior to recording. Governing bodies shall apply reasonable standards and conditions in accordance with applicable statutes and ordinances for the review and approval of subdivisions. The governing body, within sixty days of application for final approval of the subdivision plat, shall determine whether the subdivision conforms to its comprehensive plan and shall give consideration to the possible burden on public improvements and to a balance of interests between the proprietor, future purchasers, and the public interest in the subdivision when reviewing the proposed subdivision and when requiring the installation of public improvements in conjunction with approval of a subdivision. The governing body shall not issue final approval of a subdivision plat unless the subdivision plat conforms to sections 354.6, 354.11, and 355.8." Ames Municipal Code Section 23.303(3) states: (3) City Council Action on Final Plat for Minor Subdivision: (a) "All proposed subdivision plats shall be submitted to the City Council for review and approval in accordance with Section 354.8 of the Iowa Code, as amended or superseded. Upon receipt of any Final Plat forwarded to it for review and approval, the City Council shall examine the Application Form, the Final Plat, any comments, recommendations or reports examined or made by the Department of Planning and Housing, and such other information as it deems necessary or reasonable to consider." (b) "Based upon such examination, the City Council shall ascertain whether the Final Plat conforms to relevant and applicable design and improvement standards in these Regulations, to other City ordinances and standards, to the City's Land Use Policy Plan and to the City's other duly adopted plans. If the City Council determines that the proposed subdivision will require the installation or upgrade of any public improvements to provide adequate facilities or services to any lot in the proposed subdivision or to maintain adequate facilities and services to any other lot, parcel or tract, the City Council shall deny the Application for Final Plat approval of a Minor Subdivision and require the Applicant to file a Preliminary Plat for Major Subdivision." 4 Ames Municipal Code Section 23.303(4) states: 11 (4) "Effect of City Council Action on Minor Subdivision: Following such examination, and within 60 days of the applicant's filing of the complete Application for Final Plat approval of a Minor Subdivision with the Department of Planning and Housing, the City Council shall approve, approve subject to conditions, or disapprove the Application for Final Plat approval of a Minor Subdivision. The City Council shall set forth its reasons for disapproving any Application or for conditioning its approval of any Application in its official records and shall provide a written copy of such reasons to the developer. The City Council shall pass a resolution accepting the Final Plat for any Application that it approves." 5 I DREYER - EASTER SUBDIVISION FINAL PLAT AN OFFICIAL REPLAT N89"56'51"E — 179.36' 180'(R) FOUND 3/4" PIPE. - 'FOUND 3/4" PIPE, NW_CORNER OF 116.52 SET Y2"X30" REBAR 62,$4' 1' DEEP, NE CORNER o LOT 7, BLOCK 7, WITH YELLOW PLASTIC DUFF'S ADDITION CAP #17535 5' ELECTRICAL EASEMENT OF LOT 7, BLOCK 7, DUFF'S ADDITION O N Lu O C3e z LOT 1 LOT 2 r w I 1202-1204 BURNETT. AVENUE I 319 12TH STREET I Qo7,000 SQUARE FEET } €€ L I 3,771 SQUARE FEET � w ¢ O F i�o !< :r fi - C LLI Ip co- r z ON 04 O 00 Z U) O U1 CO SET Nz"X30" REBAR W a w 1WTH YELLOW PLASTIC A O 116.53' CAP #17535 62.53' w T FOUND 1/2' REBAR; _ ..:-.. - FOUND.3/4" PIPE, [r 'SW CORNER OF S9.0"00�00"W — 1 79.05� V DEEP,,SE CORNER. W Is:: W .LOT 7, BLOCK 7, 180'(R) OF LOT 7, BLOCK 7, DUFF'S ADDITION DUFFS ADDITION W za u N=4.889.891:07 12TH STREET N=3;475,210,21 E=4,889,891.05 66' ROW E-4,890,070.09 RIB A LEGAL DESCRIPTION OCT Z ?NBC LOT 7,.BLOCK.7, DUFF'S ADDITION TO AMES; IOWA ca; CITY QF 104U, c'10M & NOTES, 01 IILd{I`�(1s{'�LUaiP� [ 3. S ' S 1. DREYER — EASTER SUBDIVISION IS AN OFFICIAL REPLAT OF LOT 7, BLOCK-7, DUFF'S LEGEND ' } ADDITION JO AMES, IOWA. PROPRIETOR: - _ FOUND MONUMENT AS NOTED. ® POB LLC km 2. THE.SOUTH LINE OF LOT 7, BLOCK 7, DUFF'S ADDITION TO AMES IS ASSUMED TO BEAR s;� m SET MONUMENT AS NOTED-- &1A 7104 STANLEY DRIVE S90'00'00"W: � � 9� $fi x 3: TOTAL AREA OF ADDITION = 10,771 SO: FT. RECORD DIMENSION .........(R) GILBERT,IOWA 50105 ....,.,.,... r 4. THIS SURVEY MEETS OR EXCEEDS IOWA CODE 355.5 (15). - z� REQUESTED BY: 5. EASEMENTS AS SHOWN. U - to 20 � 6. SOIL BORINGS DREYER ARE REQUIRED IN AREAS WITHIN THIS PLAT WHICH HAVE BEEN IDENTIFIED a��$ Itid., BY THE CITY OF AMES AS HAVING SOILS THAT MAKE CONSTRUCTION OF BUILDINGS SCALE: V=20: 104 STANLEY DRIVE uyi DIFFICULT. GILBERT,IOWA 50105 7. COORDINATES AT THE SOUTHWEST CORNER OF LOT 1 AND THE SOUTHEAST CORNER OF LOT 2 ARE IOWA STATE PLANE, ZONE NORTH. 8. THE AMES ZONING BOARD OF ADJUSTMENT APPROVED VARIANCES;REGARDING THIS;PLAT ON AUGUST 11, 2010. SHEW 1"r J011�O.IOb9-000I