10-17-1977 Planning Packet - Laserfiche WebLink

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Lalce Landing .ons that we‘11 One residence >y Bemliard i contract for I of the land, ’reeincnt. learned tiiat e, neither is. Mr. or subdividing fied. cel. Although inances, it :ists in this x)t 7 is also ;toration might le inquiries Locations as iidence in mse that I lir-ng a 3ve we should by either a iest for comments iblic Works mission at '■Hi •: L i, V K m 4 *t ■ /^v b!* o OF OkD?«, ]-1DWES0TA J Use A}jp]JcatJ_on Cas-e Mo,_________ Fee _______ Date Street.Location of Proj^rty: and AA70 F^orest Lak^ * I>egal Description of Projorty:' Lots 8 and 9, Tonkayiew pardons, Hennepin County, M|nnosota Owner: Bernhard Relllng l''^'-'0 Leeway Drive, Orlando, Florida_ 32810 ^ 6^4-435^^ - - - - -“ ■ ' ' lAddress) tPl.one) Contract Purchasers: Douglas Johnson ^^80 Forest Lake Lan ^ ”8 /,/? -b0 79 Type'of Pecp.est: Use Pennit Variance . ^ _ Subdivision Appioval Other In the suniuier of ]976, Bernhard Keiling offered his property for sale. 'Hie property being offered for sale was Lots 8 and 9, Tonkaview Card..ns, Ih nnepin County, Minnesota. On these two lots two liouses had been constructed in accordance with the survey hereto attached and prepared by Gordon Coffin.^ After .attempting to sell the property as a single piece and being unsuccessful, Mr. Reiling was told that he should attempt to secure -a -oib- division of the property and sell them as separate parcels. Mr. Reiling contacted Michael Scheller and was told that since there were two l)Ouses on the property that he could sub divide and that bo could hire a stirveyor to draw the proper dividing line so that the bouses met the requirements of the set back ordinances for the City of Orono. Mr. Reiling followed the advice of the Building Inspector and obtained the survey and on August 21, 1975, sold that portion of Lots 8 and 9, lying southerly of the proposed dividing line to Ralph L. Halm and his wife, under a Contract for Deed. He continued to show the portion of the property lying northerly of the proposed dividing line and on April 1, 1976, the same was sold to Douglas Johnson. Both sales were made by Contract for Deed, the contract with Mr. Halm being dated Sept. mher 19, 1975, and the contract with Mr. Johnson being dated April 9, 1976. TJiese conveyances were made upon the reliance of the representations of Mr. Scheller that the subdivision .as proposed and laid out by Mr. Coffin was proper. Nothing further was done by Mr. Reiling or suggested to he done by Mr. Reiling. 'Hie matter then laid in abeyance until the sunrner of 1977, whe^n my client received a lettt r rom Halm’s attorney stating that a subdivision had never been approved by the City of Orono, and that Mr. Halm was not going to make any further payments under the terms of the Contract for Deed until approval of the City of Orono was obtained for the subdivision of Lots 8 and 9 Copy of Mr. Halm's attorney's letter is hereto attached as an exhibit. As can he seen by the survey, which is attached as an exhibit, the two lots do in fact contain two hox:ses, one house being entirely on Lot 8, and the other house straddling the lot line betw.-en Lots 8 and 9. Tlie proposed dividing line as laid out by Mr. Coffin meets the set hack require- n,ents of the City of Orono, hut the proposed subdivision fails to meet the area requirement and the width requirement. Tl.e xise of this property is nonconforming, and the allow.ance ot the subdivision will make it confoiming to the extent that there will only he one lOuse on each parcel of land. The granting of the subdivision and request for v.3riance will not increase the degree of land use, since the structures have already been built. hardship to the property occurs hy reason of the fact ‘''f >7'.^ \\ ill I I LOCATION OF Address ■ Aiu Legal Descri APPLICANT Name Bernln Address In the summer oi offered for salt On these two lo attached and pr piece and being division of the Scheller and wa divide and that houses met the followed the ad 1975, sold that Ralph L. Halm a of the property same was sold t with Mr. Halm h dated April 9, of Mr. Scheller Nothing further then laid in at Halm's attornej and that Mr. H? for Deed until Copy of Mr. the survey, one house beinj 8 and 9. The ] ments of the C. and the width : the subdivisioi each parcel of increase the d 'fhe hardship t has allowed tw by Mr. Reiling Vi*a\7*ina fWO