05-09-1988 - Agenda Packet City Council - regular meeting

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To: Planning Commission Chairman Ke1Ley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: November 11, 1987 Subject: #1218 Estate of Ruth Smith - 385 Orono Orchard Rd S - - Preliminary Subdivision - Class III - Public Hearing Zoning District: RR-1B Application: Subdivision - Plat - 2 Lots Total Area = 16 List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - acres 13.7 acres dry 2.4 acres wet Application Property Owners List Plat Map Berg Letterners List Cook Report 11-9-87 Cook Sketch of Road Septic Map/Plan Planning Commission Original Plat Wetlands Map Preliminary Plat Corridor Meetings 6-20-66 Review of After the Fact Application In 1966 the Orono Planning Commission reviewed and acted on a 2 lot subdivision application of Spencer Smith; the application was never approved by the Orono Council. (review Exhibit H) The 1966 application is the same proposal as the plan presented for this current review. (exhibit I). It is my understanding that Mr. Smith then proceeded to sell the 2.7 acre lot to Mr. Dettloff without City approval and the required legal description to transfer legal ownership. A deed must have been created with a metes and bounds description for transfer to Dettloff. As the City had no record of approving this division, the tax records and county plat maps still show the original 16+ acres; parcel. Ed Callahan now represents the estate of Ruth Smith (Mrs. Spencer) and has filed a subdivision application in order to resovle not only the matter of the illegal transfer of land but to clear title for sale of remaining property. Staff has dealt for years with Mr. Dettloff regarding this problem. Dettloff was advised to file an after the fact subdivision application and appeared on at least 2 occasions to be ready to file but it never happened. Callahan has been advised that the City will deal with this application as if it were a new subdivision irregardless of the defined lot lines that describe the parcel originally transfered to Dettloff. Per Section 11.02 Subd. 11 A, B & C Planning Commission must make a recommendation to the Council regarding the violation and penalty as part of this application. Please review these sections of the code.