Hanning Subdivision Possibilities

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Co. Rd. 6 Acquisition: Hanning October 21, 1999 Page 3 2. Hennepin County has acquired an easement for road purposes over the portion of the property described in Exhibit B. 3. Orono Municipal Zoning Code Section 10.02.34 excludes the use of area dedicated as public right-of-way as credit towards lot area requirements. 4. The Property contained approximately 11.2 dry buildable acres prior to the right-of-way easement acquisition and contains approximately 10.8 dry buildable acres after the acquisition. 5. The impact of the easement makes creation of a regularly shaped new building lot even more difficult than before the acquisition, due to the location of the existing residence on the property. 6. The basis for creation of the 5-acre zoning district in 1974 was to retain the low-density rural character of northwest Orono. Allowing subdivision of the 11-acre property into two lots of approximately equal area will not be in conflict with the City's rural philosophy. 7. Granting area credit for the area of the road easement will allow a subdivision creating a new building lot that is less irregularly shaped than the lot that could be created absent such credit. 8. Granting such credit is reasonable given the impact of this taking on the developability of the property. Further, because the credit that would be granted for each newly created 5-acre building site would be approximately 1/4 acre or less, the new lots would have 95% of their area outside the easement, and this 5% "variance" has little impact on the future use of each 5-acre lot, as compared to the major impact if 1/4 acre of a 1 acre or 1/2 acre lot was in right-of-way. 9. The granting of this credit is unique to to this property because it involves the settlement of litigation in regards to a right-of-way condemnation, which is not the case in most other properties in this or other zoning districts in Orono. THEREFORE, the City Council of the City of Orono hereby agrees to the following: 1. The Hannings and their heirs, successors and assigns will be granted dry buildable area credit for the dry buildable land taken through condemnation for County highway construction purposes, such dry buildable land described in Exhibit A, for the purpose of subdividing the property.