status of lot + description for reconveyance

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t; t To: Street File, 375 Silver Meadow Drive Copy to Street File, 380 Silver Meadow Drive From: Mike Gaffron, Asst. City Administrator Date: September 13, 2011 Subject: Buildability Status of 375 Silver Meadow Drive Zoning: RR-1B, 2-acre minimum lot size This memo is intended to document the background on the above properties for future reference. New residence structures were built at 375 and 380 Silver Meadow Drive in 1988-89. In approximately 2001-2002, MnDOT acquired the properties at 375 and 380 in order to use the northerly portions of those properties for right-of-way. MnDOT was advised via my letter dated August 28, 2003 that after their intended taking, the parcel at 380 would decrease from a conforming 2.4 acre lot area to a nonconforming 1.7 acre area, that the taking would not impact the existing septic system but that an alternate septic system site should be tested and approved if they intend to resell that home for future occupancy. MnDOT did the testing and found the alternate site. Concurrently, MnDOT sold the house structure at 375 for removal, which was moved to 3743 Watertown Road in summer 2003 (there is no demo permit on file for 375). My 8-28-03 letter indicated that re-usability of the existing sewage treatment mound system at 375 was unknown, that the tested alternate site was impacted by the taking. I noted that the reduction of lot area from a conforming 2.1 acres to 1.2 acres left the property with a nonconforming lot area. I advised MnDOT that the options would be to test for new primary and alternate septic sites and apply for a lot area variance if they wanted to resell the lot as a buildable site; or to sell the lot to a neighboring property owner as additional yard area. MnDOT subsequently in July 2004 offered for sale the vacant parcel at 375 and the house at 380 as a single unit of approximately 2.5 acres. See the attached information from MnDOT. We do not know whether MnDOT attempted to have the property tested for septic sites. However, MnDOT did not legally combine the two properties for tax purposes. The properties were apparently purchased as a package by Shawn Cadwallader et al of Buffalo, MN in August 2004 for$427,000 based on Hennepin County tax records. As of 2011 the vacant parcel at 375 and the homestead parcel at 380 have never been combined. Current (2011) tax records indicate a market value of$407,000 for 380 and $35,000 for 375. This valuation is consistent with the expectation that 375 is not a buildable lot. In order for 375 to become buildable, the following would have to occur: 1) primary and alternate septic sites would have to be tested and approved; 2) it would have to be demonstrated that a residence structure meeting all pertinent 2-acre zoning district standards could be constructed on the site; and 3) a lot area variance would have to be obtained. If combined, the combination of 375 and 380 would yield a conforming lot; separately, each is nonconforming as to lot area. Granting of the lot area variance is not guaranteed even if items 1 and 2 above are satisfied.