Consider Escrow Agreement for Property Identification Number Division at 14503 Bowers Drive; Case of Ann Tolkinen

The City has received a request to authorize a Property Identification Number (PIN) Division Request. The PIN Division Request is processed and approved by Anoka County, subject to authorization by the local governmental unit. The Subject Property previously requested a PIN Combination for two (2) adjacent parcels. PIN Combinations are typically requested for tax purposes, allowing for a single tax statement for two (2) or more adjacent parcels. In certain circumstances, the City has used this process to allow combining of lots to allow for construction of a detached accessory structure on what would otherwise be a vacant lot. In 1986, a detached accessory structure was constructed on the Subject Property, in an area that is a vacant parcel on the underlying subdivision.

No notification is required.

City Staff originally reviewed this request in 2007. The Property Owner decided not to move forward with the request at that time. The Property Owner desires to make the same request at this time to allow the vacant parcel from the underlying subdivision to be sold.

City Code Section 117-349 states that no accessory building shall be constructed on any lot prior to the time of construction of the principal building. Since the Subject Property is within the R-1 Residential (MUSA) District, City Code Section 117-111 provides that the primary use must be a single-family residential dwelling. In addition, the Subject Property is located within the Critical Area Overlay District.

In order to allow for the Subject Property to be split and sold as individual lots, Staff recommended in 2007 that an escrow be placed to ensure the timely conformance to City Code. The stated escrow was proposed as $2,000 to cover legal costs in the event the agreement to conform to City Code was not followed. The Agreement stated that the Property Owner had two (2) years to conform to City Code. The Property Owner had two (2) options to conform to City Code:

1. Construct a primary residential dwelling
2. Remove the accessory structure

Upon the PIN Division, the individual lots would conform to City Code requirements because of lawful, non-conforming status. The lots were subdivided prior to the enactment of the Mississippi River Corridor Critical Area (MRCCA) standards over the Subject Property.  However, as previously stated, the property is within the R-1 Residential (MUSA) District, which would require connecting to the municipal sewer and water systems or a variance to deviate from this standard and utilize a private well and septic system.

Staff recommends approval of the Escrow Agreement, to be executed within one (1) year of approval of said agreement. Said agreement shall be recorded with the Anoka County Registrar of Titles to ensure that said agreement survives the sale of property to a third party. The Agreement provides the Property Owner two (2) years to make the necessary corrections to conform to City Code.

All costs associated with recording of the Agreement shall be the responsibility of the Applicant.

Motion to approve the Escrow Agreement with Ann Tolkinen related to the PIN Division Request at 14503 Bowers Dr NW, subject to the review of the City Attorney.