04-13-1998 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13, 1998 ( #9) #2350 Kevin and Lisa Olsen/James and June Touve, 4196 North Shore Drive - Continued Access to the site would require a variance because of the wetland. Combining Lot 57 with Lots 58- 61 creates a parcel of 1.15 acres. This parcel may not need a lot area variance but other variances may still be required. The combination also makes a driveway possible with less impact on the wetland. Gaffron stated that staff did not recommend approval of the subdivision. He added that Lots 55 -57 would not meet the 80% requirement if Lot 57 was split off; and Lots 58 -61 may or may not be buildable without the combination of Lot 57. Planning Commission concurred with staff on a vote of 4 to 0. Gaffron noted the application is nearing the 60 day review deadline. Oberhauser explained the history of the property. A house existed on Lots 55 and 56 in the 1940's. Both Hennepin County and the City have researched their records and found no record of formal action taken to combine Lots 55 and 56 with Lot 57. In 1960, all three lots were listed as one property. However, there was no reason to combine these lots in the 1960's, and the applicant does not believe a combination was done. Oberhauser added that in considering how the adjacent property would be developed, there was no reason to deny.the subdivision. I* Olsen stated that she had researched 20 of the neighboring properties, 17 of which are equal to or ' less than the size of Lots 55 and 56. She feels a clerical mistake was made at some time in the past and she is trying to clear it up. Olsen also explained that she asked the Planning Commission to vote on her application and move it forward for Council consideration. She added that the size of the lot would not reduce the value in the neighborhood. Kelley asked if the Olsen's thought they had bought only Lots 55 and 56 in 1986. Olsen confirmed that they had only bought two lots. Kelley asked what they did in 1987 when the tax statement showed they were paying taxes on three lots. Olsen explained that the extra lot was her parents, and it really didn't matter who paid the taxes on that lot. They did not realize there was a legal issue involved. Kelley asked if a title search had been done. Olsen responded that the title company states this is not a title issue. They have a deed for Lots 55 and 56, not Lot 57. Hennepin County has referred her to the City. The City has informed her that the proper procedure to follow is the subdivision process. Kelley asked why her parents didn't want to combine all the lots. Olsen explained she has 5 sisters to consider. They bought only Lots 55 and 56 from her parents. 0 10