Adopt Resolution #21-043 Approving a Metes and Bounds Subdivision of PID #23-32-25-21-0002 (Project No. 21-100); Case of Shade Tree Communities LLC

The City has received an application from Shade Tree Communities LLC (the "Applicant") for a variance to platting requirements and for a Minor Plat to facilitate a lot split of the property identified by PID #23-32-25-21-0002 (the "Subject Property"). In 2005, the Applicant acquired approximately twenty-eight (28) acres of land lying east/north of Nowthen Boulevard NW. However, in the late 1970s or early 1980s, Anoka County realigned Nowthen Boulevard (to its current alignment). This new alignment actually bisected the Subject Property, leaving a small, remnant portion south/west of Nowthen Boulevard.

When the land sale occurred in 2005, the original legal description was utilized, which described the land as lying entirely east of Nowthen Boulevard. Both the seller and buyer (the Applicant) at that time were of the belief that the transaction was only for the roughly twenty-eight (28) acres east of Nowthen Boulevard. But, there was never an official subdivision legally separating the two parcels. Thus, Anoka County records show the Applicant as the single owner of the land now bisected by Nowthen Boulevard.

The City attempted to notify Property Owners, as reflected in the Anoka County Property Records, within 700 feet of the Subject Property of the request. The Public Hearing Notice was also properly posted in the Anoka County UnionHerald, the City's Official Newsletter.

The Applicant is attempting to transfer the roughly twenty-eight (28) acres to another LLC. As part of the title review for this transaction, it was discovered that the Subject Property was never legally subdivided. Both the Applicant and the previous owner assumed that the bisected parcel had been legally subdivided and the land transaction clearly intended to only transfer the 28 acres north/ease of Nowthen Boulevard. Since the City never approved this lot split, it is not obligated to do so today.

This case has been discussed with the City Attorney due to its uniqueness. For all intents and purposes, this property has been subdivided; it just didn't go through the proper process to be acknowledged and approved by the City and the County and does not obligate the City to allow development of this parcel. The original legal description called out the easterly boundary of right-of-way for County State Aid Highway No. 5 (aka Nowthen Boulevard). However, when Nowthen Boulevard was realigned, legal descriptions were not updated; it still referred to only the land east of Nowthen Boulevard.

At the February 4, 2021 Planning Commission meeting, a Public Hearing was held to consider a variance to the platting requirements.  Since this subdivision is only attempting to clear up title issues and does not authorize any proposed improvements, the Applicant sought a variance to allow a metes and bounds subdivision (more expeditious and less costly).  The Planning Commission approved the variance with the understanding that any future proposed development would be subject to the subdivision standards in City Code.

There were no public comments provided at the Public Hearing.  Staff did receive multiple inquiries leading up to the Planning Commission meeting; however, once it was understood that this request did not include any proposed development, there were no formal objections filed.

Alternatives

Alternative 1: Adopt Resolution #21-043 approving the proposed metes and bounds subdivision to legally separate the Subject Property along Nowthen Boulevard into two (2) parcels.  The Planning Commission approved a variance to facilitate a metes and bounds subdivision at their February 4, 2021 meeting.  Both parcels meet/exceed the minimum bulk standards and, to the general public, already appear to be separate parcels.  Any future proposed development would be subject to the zoning and subdivision standards in effect at the time of application.  

Alternative 2: Do not approve the proposed metes and bounds subdivision.  In practicality, the Subject Property was subdivided in 2005 (albeit without consent or acknowledgement of the City or County) when the land transaction occurred. The Applicant is not claiming ownership of the land south/west of Nowthen Boulevard (the seller in 2005 is legally claiming ownership of that land) but rather is simply attempting to clean up the title so that the portion thought to have been acquired in 2005 can be transferred to another LLC.  

All costs associated with this request are the responsibility of the Applicant.

The Planning Commission granted a variance to platting requirements to facilitate this metes and bounds subdivision.  By doing so, the Planning Commission acknowledged their support of this subdivision.

Motion to adopt Resolution #21-043 approving a metes and bounds subdivision of the Subject Property along Nowthen Boulevard.