HomeMy WebLinkAboutResolution 5914 0 0
CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL`�kEsB0�`� NO. 5 91 4
A RESOLUTION
APPROVING THE DIVISION
OF TAX PARCEL 05-117-23-24-0039
AND AMENDING THE APPROVAL OF
RIEDEL COMPANY STUBBS BAY ADDITION
FILE NO. 10-3441
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council")
has adopted subdivision and land development regulations for the orderly, economic and safe
development of land within the City; and
WHEREAS, Madalyn J. Epple, Trustee of the Magdalen M. Pidgeon Trust has
requested the subdivision of tax parcel 05-117-23-24-0039,which is legally described as: That part
of Lots 1 and 16 Block 3, Bay View Park, according to the recorded plat thereof, which lies
Southerly of a line 33 feet southerly of,measured at right angles, and parallel with a line hereinafter
referred to as "Line A" being described as follows: Commencing at the Northeast corner of the
Northwest quarter of Section 5, Township 117,North,Range 23 West of the 5th Principal meridian;
thence South along the East line of said Northwest quarter a distance of 1400.28 feet; thence
deflecting left 64 degrees 30 minutes a distance of 143.32 feet to the point of beginning of said
"Line A"; thence deflecting right 180 degrees along said "Line A" a distance of 100 feet; thence
along a tangential curve to the left having a radius of 500 feet and a central angle of 22 degrees 30
minutes a distance of 196.35 feet; thence Westerly tangent to said curve to the West line of the
Northeast quarter of the Southeast quarter of said Northeast quarter and there ending, Hennepin
County, Minnesota (hereinafter "the Property"); and
WHEREAS, in 1975 the City Council approved the use of the Property for
individual docks for the four lots in Riedel Company Stubbs Bay Addition as part of the
subdivision approval but required City Council approval of the location and design of the docks.
WHEREAS, the Lake Minnetonka Conservation District now has responsibility
for regulating docks on Lake Minnetonka.
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
`�kEsB0NO. 5 9 1 4
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held
a public hearing on January 19, 2010 at which times all persons desiring to be heard concerning
this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #10-3441.
2. The Property is approximately in 0.07 in area and 270 feet in width. It lies between
Bayside Road and Lake Minnetonka.
3. In 1974 and 1975 as part of the approval of the plat of Riedel Company Stubbs Bay
Addition(which is directly across Bayside Road from the Property) the four lots in
the subdivision were allowed to each have a dock on the Property. No information
can be found in City files as to how the Property was to be owned.
4. On October 4, 1975 the Riedel Company deeded Lot 2 of Riedel Company Stubbs
Bay Addition and the Lot 16 portion of the Property to John and Magdalen Pidgeon.
The deed noted there was a dock easement for the benefit of Lot 3 of Riedel
Company Stubbs Bay Addition on the west half of the Pidgeon's portion of the
Property. The deeds were recorded on October 7 and October 9, 1975. Both Mr.
and Mrs. Pidgeon are deceased. The property is held by Magdalen Pidgeon Trust.
5. On November 24, 1975 the Riedel Company deeded Lot 1 of Riedel Company
Stubbs Bay Addition and the Lot 1 portion of the Property to Herbert and Jane
Olson. The deed noted there was a dock easement for the benefit of Lot 4 of Riedel
Company Stubbs Bay Addition over part of the Olson's portion of Property.
Herbert and Jane Olson remain the owners of these properties.
6. The Planning Commission reviewed this application on January 19, 2010, and on
a vote of 6 - 0 recommended approval of the the request based on:
a. The use of the Property for a dock for each lot being allowed by the subdivision
approval; and
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
SIi04�G NO. 5 9 1 4
b. The showing that ownership of the the Property was divided when lots in Riedel
Company Stubbs Bay Addition were first conveyed,with easements established
for the other two lots in the subdivision.
CONCLUSIONS, ORDER AND CONDITIONS
NOW, THEREFORE, BE IT RESOLVED Based upon the above findings, the Orono City
Council hereby authorizes the division of tax parcel 05-117-23-24-0039 into one tax parcel for the
property owned by the Magdalen M. Pidgeon Trust and one tax parcel for the property owned by
Herbert and Jane Olson, conditioned on the portion of the Property owned by the Magdalen M.
Pidgeon Trust being combined with Lot 2 Block 1 Riedel Company Stubbs Bay Addition by a
special lot combination.
City Council also amends the approval of the Riedel Company Stubbs Bay Addition to waive the
requirement for City Council approval of the location and design of the docks as long as docks are
regulated by the Lake Minnetonka Conservation District or successor organization.
Adopted by the City Council of Orono this 8t" day of February, 2010.
ATTEST:
Linda S. Vee, City Clerk a es M. White, Mayor
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