HomeMy WebLinkAboutResolution 5364 � °�
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= CITY of ORONO
\`'N' er4a 1 ,:4
+ Fe 0 RESOLUTION OF THE CITY COUNCIL
L`-ikES80'.- NO. 5 ?3 ;
A RESOLUTION APPROVING A SUBDIVISION
OF A LOT LINE REARRANGEMENT
FOR PROPERTIES LOCATED AT
4480 FOREST LAKE LANDING & 1090 WILDHURST TRAIL
FILE 05-3112
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 Orono (hereinafter "City Council") has adopted
subdivision regulations for the orderly,economic and safe development of land within the City;and
WHEREAS,the City Council has considered the application for a subdivision of a
lot line rearrangement by Loren F. Schoenzeit and Stacey J. Schoenzeit, husband and wife and
Bradley J. Larsen and Judith A. Larson, husband and wife (hereinafter "the Subdividers") of
properties legally described as:
See Attached Exhibit A ✓
(hereinafter"the Properties"); and
WHEREAS,the Properties consist of two developed lots owned by the Subdividers
and shown on the survey attached hereto as Exhibit"B"; and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on May 16,2005 and again on June 20, 2005,at which times all
persons desiring to be heard concerning this application were given the opportunity to speak thereon;
and
WHEREAS, the Subdividers have completed or have agreed to complete all
requirements of the City for a metes and bounds subdivision of a lot line rearrangement for division
and combination purposes, resulting in the relocation of the common lot boundary between the
Properties, as shown on the survey attached as Exhibit"B"and resulting in a new legal description
for each parcel as shown in Exhibit "C"; and
Page 1 of 3
#' 4::°410
- CITY of ORONO
, i ry,r
‘' s��;� �� RESOLUTION OF THE CITY COUNCIL
` RESII0* N0.
WHEREAS,the intent of the rearrangement is to allow for construction of a major
remodel/addition project or a new residence for the parcel located at 4480 Forest Lake Landing.
WHEREAS, the LR-1B Single Family Lakeshore Residential District requires a
minimum lot area of 1.0 acres and a minimum lot width of 140'. Prior to the lot line rearrangement
the Properties were substandard in lot area and lot width compared to the standards of the LR-1B
zoning district; and after the lot line rearrangement the Properties remain substandard in lot area and
lot width. Post lot line re-arrangement, 1090 Wildhurst Trail will be approximately 389 s.f. smaller
in lot area and 3' wider in width at the shoreline and 2' wider in width at the 75' setback. Post lot
line re-arrangement, 4480 Forest Lake Landing will be approximately 393 s.f. larger in lot area and
2' shorter in width at the shoreline and 1' shorter in width at the 75' setback. However, the two
Properties continue to meet the intent of the Community Management Plan of the City of Orono as
no new buildable lots were created,thus having no impact on the overall density; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Orono hereby approves the lot line rearrangement of the Properties by the Subdividers as shown on
the certificate of survey by Advance Surveying&Engineering,dated June of 2001 and most recently
revised July 27, 2005, as attached in Exhibit"B", subject to the following conditions:
1. Prior to recording the lot line rearrangement with Hennepin County, subdividers shall
provide a title opinion for the Properties confirming ownership and encumbrances.
2. Prior to recording the lot line rearrangement with Hennepin County, subdividers shall
dedicate to the public 5' drainage and utility easements along both sides of the new shared
property boundary.
3. Prior to recording the lot line rearrangement with Hennepin County, a 20' sewer easement
centered over the existing sewer line shall be dedicated for the Properties. The language of
the easement will permit any existing encroachments to remain.
4. While approval of this lot line rearrangement allows hardcover in the 75'-250' zone for 4490
Forest Lake Landing, also known as 1090 Wildhurst Trail, to increase from 45.79% to
45.98%when 25%is normally permitted,it does not officially establish findings for approval
of a hardcover variance, but merely reflects the changes in lot area.
5. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City
of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on
Page 2 of 3
p O
-i,-,;-,,...„,''t,- CITYof ORONO
'� , iii, A RESOLUTION OF THE CITY COUNCIL
•L`.-kES8o4. NO. 6 4
or before January 8, 2006 together with a certified original copy of this resolution.
6. The approval granted by this resolution shall expire if the division has not been filed by the
date specified above. In that event,it will be necessary to file a new application with the City
of Orono for subdivision review.
Adopted by the City Council of Orono, Minnesota this 8th day of August, 2005.
ATTEST:
_�, J
1 iii
inda S. Vee, City Clerk Barbara A. Peterson, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN
c��7ty G
The foregoing instrument was acknowledged before me on this'_day of /,,; t ,2005
Barbara A. Peterson, Mayor of the Cityof Orono, a Minnesota municipal coi or .tion and said
by Y p corp
or
was executed on behalf of the City.
1l '
Nota ' s.
.�..�,,.. JACQUELYN M.YOUNG
'' .,c..)„' Notary Public-Minnesota
My Commission Expires Jan 31,2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this (L,iday of '� ,...1 f ,2005
by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
l...i4-)c,,,,-L /C.a_ ( /..)c,c c :____'
ti RACHEL DODGE
ti Notary Public
v.'IF. '= NOTARY PUBLIC-MINNESOTA
l\ ;,;. My Commission Expires Jan.31,2010 Page 3 of 3
EXHIBIT A
EXISTING LEGAL DESCRIPTIONS
5364
-' Existing: 4480 Forest Lake Landing
o4 Tract A,Registered Land Survey No. 1472, Hennepin County, Minnesota.
1 And,
That part of the Southerly 15 feet of Lot 7, Tonkaview Gardens, Hennepin County, Minn., lying Westerly of the
following described line: Commencing at the Southwesterly corner of said Lot 7; thence Easterly along the
Southerly line of said Lot 7, a distance of 55 feet to the point of beginning of the line being described; thence
deflecting left 104 degrees 54 minutes to the Northerly line of said Southerly 15 feet and there ending.
0 Existing: 1090 Wildhurst Trail(also known as 4490 Forest Lake Landing)
ncs Lot 7, Tonkaview Gardens, Hennepin County, Minn., except that part of the Southerly 15 feet of Lot 7, lying
Westerly of the following described line: Commencing at the Southwesterly corner of said Lot 7;thence Easterly
. along the Southerly line of said Lot 7, a distance of 55 feet to the point of beginning of the line being described;
' thence deflecting left 104 degrees 54 minutes to the Northerly line of said Southerly 15 feet and there ending.
I . •
EXHIBIT C 5 3 8 4
PROPOSED LEGAL DESCRIPTIONS
Proposed: 4480 Forest Lake Landing
Tract A,Registered Land Survey No. 1472,Hennepin County, Minnesota.
And,
That part of the Southerly 15 feet of Lot 7, Tonkaview Gardens, Hennepin County, Minn., lying Westerly of the
following described line: Commencing at the Southwesterly corner of said Lot 7; thence Easterly along the
Southerly line of said Lot 7, a distance of 55 feet to the point of beginning of the line being described; thence
deflecting left 104 degrees 54 minutes to the Northerly line of said Southerly 15 feet and there ending.
And,
That part of the Southerly 25 feet of Lot 7, Tonkaview Gardens, Hennepin County, Minn., lying Westerly of the
following described line: Commencing at the Southwesterly corner of said Lot 7; thence Easterly along the
Southerly line of said Lot 7, a distance of 55 feet; thence deflecting left 104 degrees 54 minutes to the Northerly
line of said Southerly 15 feet; thence deflecting right 139 degrees 48 minutes 49 seconds to the Southerly line of
said Lot 7 and the point of beginning of the line being described; thence deflect 180 degrees to the Northerly line
of said Southerly 25 feet and there ending. EXCEPT that part of the Southerly 15 feet of said Lot 7, lying
Westerly of the following described line: Commending at the Southwesterly corner of said Lot 7; thence Easterly
along the Southerly line of said Lot 7, a distance of 55 feet to the point of beginning of the line being described
thence deflecting left 104 degrees 54 minutes to the Northerly line of said Southerly 15 feet and there ending.
EXCEPT,
That part of Tract A, Registered Land Survey No. 1472, Hennepin County, Minnesota, lying northerly of the
following described line: Commencing at the northwest corner of said Tract A; thence North 78 degrees 45
minutes 29 seconds East on an assumed bearing along the northerly line of said Tract A a distance of 72.50 feet to
the point of beginning;thence North 79 degrees 25 minutes 12 seconds East a distance of 228 feet more or less to
the shore of Forest Lake and there terminating.
Proposed: 1090 Wildhurst Trail(also known as 4490 Forest Lake Landing)
Lot 7, Tonkaview Gardens, Hennepin County, Minn., except that part of the Southerly 15 feet of Lot 7, lying
Westerly of the following described line: Commencing at the Southwesterly corner of said Lot 7; thence Easterly
along the Southerly line of said Lot 7, a distance of 55 feet to the point of beginning of the line being described;
thence deflecting left 104 degrees 54 minutes to the Northerly line of said Southerly 15 feet and there ending.
And,
That part of Tract A, Registered Land Survey No. 1472, Hennepin County, Minnesota, lying northerly of the
following described line: Commencing at the northwest corner of said Tract A; thence North 78 degrees 45
minutes 29 seconds East on an assumed bearing along the northerly line of said Tract A a distance of 72.50 feet to
the point of beginning; thence North 79 degrees 25 minutes 12 seconds East a distance of 228 feet more or less to
the shore of Forest Lake and there terminating.
EXCEPT,
That part of the Southerly 25 feet of Lot 7, Tonkaview Gardens, Hennepin County, Minn., lying Westerly of the
following described line: Commencing at the Southwesterly corner of said Lot 7; thence Easterly along the
Southerly line of said Lot 7, a distance of 55 feet; thence deflecting left 104 degrees 54 minutes to the Northerly
line of said Southerly 15 feet; thence deflecting right 139 degrees 48 minutes 49 seconds to the Southerly line of
said Lot 7 and the point of beginning of the line being described; thence deflect 180 degrees to the Northerly line
of said Southerly 25 feet and there ending.
' EXHIBIT B R .
010606 7/117/23 SCHOENZEIT,STACEY
ADVANCE SURVEYING & ENGINEERING CO. .
5300 S.Hwy.No.101 Minnetonka,MN 55345 Phone(952)474 7964 Fax(952)474 8267
SURVEY FOR: STACEY SCHOENZEIT LEGAL DESCRIPTION FOR TRANSFER PARCEL(4480 TO 4490)
That part of Tract A,Registered Land Survey No.1472,Hennepin County,Minnesota,lying northerly of the
following described line:Commencing at the northwest corner of said Tract A;thence North 78 degrees 45
SURVEYED: June,2001 DRAFTED:June 16,2001. minutes 29 seconds East on an assumed bearing along the northerly line of said Tract A a distance of 72.50
REVISED:July 3,2001,update boundary feet to the point of beginning;thence North 79 degrees 25 minutes 12 seconds East a distance of 228 feet
REVISED:July 6,2001,add driveway easement more or less to the shore of Forest Lake and there terminating.
REVISED:January 28,2002 to show sewer line and adjust elevations
REVISED:May 23,2002 to show topography around the house LEGAL DESCRIPTION FOR TRANSFER PARCEL(4490 TO 4480)
REVISED:April 20,2005 to show additions and proposed propertly line adjustment. That part of the Southerly 25 feet of Lot 7,Tonkaview Gardens,Hennepin County,Minn.,lying Westerly of
REVISED:May 3,2005 to show additional patio and individual areas. the following described line: Commencing at the Southwesterly corner of said Lot 7;thence Easterly along
REVISED:June 9,2005 to show changes requested by client email. the Southerly line of said Lot 7,a distance of 55 feet;thence deflecting left 104 degrees 54 minutes to the
REVISED:July 27,2005 to show legals for property line adustment. Northerly line of said Southerly 15 feet;thence deflecting right 139 degrees 48 minutes 49 seconds to the
Southerly line of said Lot 7 and the point of beginning of the line being described;thence deflect 180 degrees
LEGAL DESCRIPTION FOR 4480 FOREST LAKE LANDING: to the Northerly line of said Southerly 25 feet and there ending.
Par 1: Tract A,Registered Land Survey No.1472,Hennepin County,Minnesota. EXCEPT that part of the Southerly 15 feet of said Lot 7,lying Westerly of the following described line:
Commencing at the Southwesterly corner of said Lot 7;thence Easterly along the Southerly line of said Lot 7,
Par 2: That part of the Southerly 15 feet of Lot 7,Tonkaview Gardens,Hennepin County,Minn.,lying a distance of 55 feet to the point of beginning of the line being described;thence deflecting left 104 degrees 54
Westerly of the following described line: Commencing at the Southwesterly corner of said Lot 7;thence minutes to the Northerly line of said Southerly 15 feet and there ending.
Easterly along the Southerly line of said Lot 7,a distance of 55 feet to the point of beginning of the line being
described;thence deflecting left 104 degrees 54 minutes to the Northerly line of said Southerly 15 feet and
there ending.
55'S'S
LEGAL DESCRIPTION FOR 4490 FOREST LAKE LANDING: B
Lot 7,Tonkaview Gardens,Hennepin County,Minn.,except that part of the Southerly 15 feet of said Lot 7, 20 0 0 20 40
lying Westerly of the following described line: Commencing at the Southwesterly corner of said Lot 7;thencetillimlI��
Easterly along the Southerly line of said Lot 7,a distance of 55 feet to the point of beginning of the line being SCALE N FEET
described;thence deflecting left 104 degrees 54 minutes to the.Northerly line of said Southerly 15 feet and
there ending.
SCOPE OF WORK:
1. Showing the length and direction of boundary lines of the above legal description. The scope of our 4\t' ')
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services does not include determining what you own, which is a legal matter. Please check the legal v
description with your records or consult with competent legal counsel,if necessary,to make sure that it is
correct,and that any matters of record,such as easements,that you wish shown on the survey,have been n^\ ,
shown. , X938.5 3t B•L.9'
2. Showing the location of existing visible improvements. (� / 9 9„..
3. Setting new monuments or verifying old monuments to mark the corners of the property. X94s ti N x93,9 Wu' !�
4. Showing elevations on the site at selected locations to give some indication of the topography of the site. / -' .,939.5 x933.6 64 '29.9 0
..X 943.] 942.5 X1.5
The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at
x936136.5 x\ r �,
least one other feature shown on the map when determining other elevations for use on this site. y� ��Ja�j x9s.a 913.3 z- \ " \lat ��
5. Showing and tabulating hard cover and areas of the parcels for your review and for the review of such om a3 ° W.o• n3s.z o U�
7`I' 1 944.7 1 STORY IRAME \ `'6'>• 29_
government agencies as may have jurisdiction over hard cover requirements. �� ? 951.9 t 4490 FOREST L/90 u"C"C
BENCHMARK: 1 £
6. We show a proposed division of the roe Please review the proposal to see that it is what you 1ti x956.9 t "^ 6." \ TOP a 61.,NC1E 934.4
P Po property.rtY• P P N.
intend and submit to thosegovernmental agencies that have to obtain their approvals, it'you can, 's,s
g jurisdictionPP I \:947.9 946.1 :40.
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before making any decisions regarding the property. I �' v' wv.t oc H�' "� - %g��`1 M
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STANDARD SYMBOLS&CONVENTIONS: a X953.8 \ 2 9437 j '935.1 ,
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RESOLUTION#) Ct
5364
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on August 8, 2005 , and that the same
is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 16th day of
August , 2005.
i .7,fia...i ee_e__
t. _ inS. Vee, City Clerk
ry
(SEAL).' t _ . k' 1i:..
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