Hanning Subdivision Possibilities

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Co. Rd. 6 Acquisition: Hanning October 20, 1999 Page 2 Council would be reversing its position stated previously (see minutes of June 22, 1998; Moorse letter of July 1, 1998 and Gaffron letter of July 7, 1999) if it chooses to grant such a credit absent completion of the preliminary plat review process. (e,tr./ OA' 5.126441 Council is asked to weigh the $125,000 financial riskoagainst any precedent-setting aspects of such an agreement. In this 5-acre zone, staff believes the overall density is not at risk, and the precedential aspects are reduced because this would be a settlement of a condemnation case rather than an arbitrary zoning action. The City might be better positioned by considering this as the granting of a variance to credit the area of road easement taken, as opposed to granting a lot area variance fol creation of a new lot. Accordingly, staff has drafted conceptual language committing to allowing the area credit. This —would potentially be incorporated into a resolution and a settlement agreement that would be binding • on future Councils. /4_ FINDINGS j / 1. The Hannings are owners of real property described in Exhibit A ' ro`� " fv. 44 or Pt 2. Hennepin County has acquired an easement for road purposes "`ver 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 (c right-of-way easement acquisition and contains approximately 10.8 dry buildable acres after the acquisition. .v/S):,,jijo'irp} 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 A f; existing residence on the property. ,(, 4. 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 fj\k)' conflict with the City's rural philosophy.