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HomeMy WebLinkAbout1980-11-24 Resolution #12317357 •• V • Bcca ii ■■* "'H . a ■ *V •M \l. > A RESOLUTION NO. 1231 RESOLUTION APPROVING THE GRANTING OF A DRIVEWAY AND UTILITY EASEMENT OVER LOT 3, AUDITOR’S SUBDIVISION NO. 265, HENNEPIN COUNTY, MINNESOTA. # WHEREAS, Richard Lorge is the owner of property known as Lot 3, Auditor’s Subdivision No. 265, Hennepin County, Minnesota (hereinafter Lot 3); and * WHEREAS, Richard Lorge sold Lot 4, Auditor’s Subdivision NO. 265, Hennepin County, Minnesota, (hereinafter Lot 4) to Jerome M. Reinan and Sharon I. Reinan on May 29, 1980; and WHEREAS, Reinan is now selling Lot 4 to Mr. and Mrs. A. L. Kane; and WHEREAS, Lorge has stated to the City Council that at the time of the sale of Lot 4 to Reinan, he promised that some time in the future a driveway and utilities easement would be granted to Lot 4 over Lot 3 out to Casco Point Road at a location where the present driveway exits over Lot 3; and WHEREAS, Mr. and Mrs. Kane and Mr. Lorge and Mr. Reinan all individually and jointly desire to have the City approve of the granting of the easements, described further in Exhibit A attached hereto; and WHEREAS, the City Council of the City of Orono has previously reviewed a separate application by Mr. Lorge seeking several variances to allow Lot 3 to be a buildable lot; and WHEREAS, the City Council has indicated to Mr. Lorge at the City Council Meeting of November 10, 1980, that the City Council does not at this time believe Lot 3 was buildeble since it was in common ownership with Lot 4 and since the Orono zoning code specifically prohibited the building on a substandard lot when that substandard lot at one time was held in common ownership with an adjacent substandard lot as was the case with Lot 3 and 4 when they in conunon ownsrship by Mr# Lorge and the City Council also expressed numerous other concerns about the buildability of Lot 3 and directed staff to investigate the facts further; NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. That the City Council approves of the granting of the driveway and utility easements pursuant to the terms set forth in Exhibit A attached hereto. • i ^ j f- % 2, That the City Council is approving those easements only because of the representations made by Mr. Lorge that he wants the City to approve those easements even though he understands that the granting of these easements will thereafter result in Lot 3*s being used by the owners of Lot 4 for numerous purposes including driveway and utility access and he understands that the City Council has previously informed him that the possibility of having more than one home exiting out onto the dangerous curve on Casco Point Road from Lot 3 could be cause for a denial of any variance to the zoning code of the City of Orono to allow Lot 3 to be hereinafter buildable. 3. That the City Council finds that although this is a dangerous curve, "hat because this driveway over Lot 3 has historically served the house on Lot 4, that there is no new problem created by the approveof this easement since the traffic from Lot 4 should be similar to the traffic generated from Lot 4 in the past. 4. This resolution shall be effective upon signing theifeof by Mr. and Mrs. Lorge. This resolution consitutes the formal approval of the creation of those easements and filing of them with the Hennepin County Recorders Office, Hennepin County, Minnesota. This resolution was adopted by the City Council on the 24th day of November, 1980, by a vote of 5 ayes and 0 nayefs. Attest William B. Van Nest, Mayor inistrator Alberta Strom City Clerk I, Richard Lorge, agree that I have applied to the City of Orono for and join the application by the Kane's on file with the City of Orono for the approval of a driveway and utility easement as set forth in Exhibit A attached hereto. I understand that the city Council has previously indicated that the creation on a permanent basis of such a driveway and utility easement may constitute additional factors why the variances applied for Lot 3 could be denied by the City Council in the future. MARY A, ROBINSON NOf^'’V PUBLIC • MifJNCSOTA V^RIGHT COUNTY » ' ' Vy Commttsion Eipiret Mar. 17.1M7t Mr. Richard Lor Mrs. Richard Lorge ^^o^ to befo^jne^^thi^ ' ^ Rotary Public 1980. ■‘K-y '':.-y'yyy’ . :■‘,i-‘..-y • •• :. ■-. V* • ■ ■ ;■•■■•• =•>• ''^rXyi.U = ■pVT^:: •’ ^::-!V.r:V V-;: V'.\; rV" : ••::■•■•• •: i v-:., iV' 1'"^ V,'- f ’\ mmm •fc.1 V- i • f. r> ■ :••. '-Xi.’V. ■ T-[ *f bi'i, •'- m.,- ■ •"■ : 1 V , • -■i 't '•:' ,- . ’ # ■ i.r \ * ■1?