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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,January 18,2010 <br /> 6:30 o'clock p.m. <br /> (#10-3440 ROBERT AND MARY SANSEVERE,CONTINUED) <br /> Curtis stated Staff would determine whether a wetland buffer is required at the time the building permit is <br /> issued. <br /> Kang moved,Rice seconded,to recommend approval of Application#10-3440,Bob and Mary <br /> Sansevere,745 Orchard Park Road,subject to the structure being limited to 3000 square feet and <br /> that the exterior finish of the building will be consistent with the e�sting 1200 square foot accessory <br /> building, as well as the property being limited to 4200 square feet of total accessory buildings. <br /> VOTE: Ayes 6,Nays 0. <br /> 9. #10-3441 MAGDALEN M.PIDGEON TRUST,MADALYN J.EPPLE,TRUSTEE—3625 <br /> EILEEN STREET—TAX PARCEL DIVISION,7:36 P.M.—7:48 P.M. <br /> Madalyn Epple,Trustee,was present. <br /> Turner stated the applicant is requesting subdivision approval to create a separate tax parcel for the <br /> portion of tax parce105-117-23-24-0039 that is owned by the Magdalen M.Pidgeon Trust. <br /> Turner illustrated the lots in question on the overhead. <br /> 3625 Eileen Street is one of four lots in the Riedel Company Stubbs Bay Addition. It was platted in 1975. <br /> The Riedel Company also owned a narrow strip of land between the lake and Bayside Road opposite the <br /> subdivision. In approving the subdivision, Council specifically allowed each lot to have a dock on this <br /> strip of land. In other subdivisions with this arrangement,the strip of land was usually included in the <br /> plat and divided into outlots that were conveyed with the house lots. That was not done in this <br /> situation. The strip included the southern parts of three 40' x 135' lots in Bay View Park. <br /> � <br /> After the plat was approved,Riedel Company proposed to split the west and middle lots in half and <br /> convey half with each house lot. City records regarding this subdivision are scattered through multiple <br /> files and are very incomplete. The east and middle lots were conveyed to the owner of Lot 1 subject to a <br /> dock easement for Lot 4. In 1975,Lot 2�and the west lot were conveyed to John and Magdalen Pidgeon <br /> subject to a dock easement for Lot 3 over the west half. However,the middle lot and the west lot had <br /> been combined for tax purposes by the previous owner of the property. The County accepted the deeds <br /> but would not divide the tax parcel witliout City approval. Tax bills were sent to the owner of the middle <br /> parcel. Approval to divide the tax par��el is being requested to allow the estate to be settled. <br /> A condition of the plat was Council approving the size and location of each dock. In 1975,the dock <br /> for Lot 1 was approved in a location to the east of the east parcel right-of-way or a City-owned tax <br /> forfeit parcel. In 1976,the dock was`approved for Lot 4 across the middle parcel despite Staff's concern <br /> that the dock was crossing another City-owned tax forfeit parcel before it reached the lake. Staff can <br /> find no record of Council approval of docks for Lots 2 and 3. Docks are now under the jurisdiction of <br /> the Lake Minnetonka Conservation District. Staff suggests the condition requiring Council approval be <br /> deleted since this function is now performed by the LMCD. <br /> Subject to the documents provided i nd already existing in the file,Planning Staff would recommend <br /> approval of the tax parcel division conditioned on the Pidgeon Trust parcel being combined <br /> I <br /> i <br /> � <br /> � Page 9 <br /> � <br />