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Home My WebLink AboutResolution 4478 � , f v•- � ? /� /� O� . • O O ��b. - CITY of ORONO � � ti �� G'� RESOLUTION OF THE CITY COUNCIL ��kESH.�4�' N0. 4 � '�' � . A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 4265 AND 4355 CHIPPEWA LANE; AND GRANTING OF A VARIANCE TO MUNICIPAL CODE SECTION 10.27, SUBDNISION 5 (B) FILE NO. 2585 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 regulations for the orderly,economic and safe development of land within the Ciry; ancl WHEREAS, the City Council has considered the application for a subdivision of • a lot line rearrangement by Thomas McCaffrey and Kathleen McCaffrey and Frederick Shemanek and Joyce Shemanek (hereinafter "the subdividers") of properties legally described as: Parcel A That part of the South Half of the Northwest Quarter of the Southeast Quarter which lies West of the east quarter thereof and East of the West 421.7 feet thereof and north of the railroad right-of- way, EXCEPT the North 217.00 feet of the East 530.00 feet of said South Half of the Northwest Quarter of the Southeast Quarter, Section 31, Township 118 North, Range 23 West of the Sth Priricipal Meridian, Hennepin Counry, Minnesota. Parcel B . The North 217 feet of the West 200 feet of the East 530 feet of the South One-half�of the Northwest Quarter of the Southeast Quarter, Section 31, Township 118, Range 23, according to the Government Survey thereof, Hennepin County, Minnesota. to be rearranged by transferring a portion of Parcel A to Parcel B legally described as: Exhibit "A"; 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 15, 2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and Page 1 of 7 . � � j . /� O� � O O ��b. - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL ��kESH�4�' . N0. 4 � `� � � WHEREAS, the subdividers have completed all requirements of the City for a subdivision to rearrange the property lines between 4265 and 4355 Chippewa Lane. WHEREAS, At their regular meeting held on June 12, 2000, the Orono City Council considered the subdivision application of Thomas and Kathleen McCaffrey and Frederick and Joyce Shemanek, noting the following findings of fact: � 1. The property is located within the RR-lA, Single Family Lakeshore Residential District requiring a minunum of 5 acres lot area and 300' width. The existing lots are as follows: � 4265 Chippewa Lane 1 acre/200' 4355 Chippewa Lane 6.92 acres/370' • 2. The subdividers have proposed a lot line rearrangement creating two substandard lots, one still substandard in area, the other becoming substandard in width. 4265 Chippewa Lane 2.80 acres/325' . 4355 Chippewa Lane 5.12 acres/245' 3. The new properry line would result in less than 300'of public road frontage for 4355 � ' Chippewa Lane. A variance should be granted for lot width. While 4355 is a legal conforming lot for lot area and lot width prior to subdivision,4265 is substandard in both width and area. The total combined area and width of both lots is less than 10 acres and less than 600' in width so it is not possible to have both lots meet all azea and width standards. The proposed rearrangement is a compromise that allows most efficient use of the available land for maintaining the two existing lots in a manner in keeping with the goals of the 5 acre zoning district. 4. The property line has been placed to permit two conforming septic sites on each resulting lot. The City's On-Site Systems Manager has determined the existing septic systems are non-compliant. � 5. The total dwelling units on the properties will not increase as a result of the common properry line being relocated. � Page 2 of 7 �-_' . /� �11�' • � � �b. - CITY of ORONO � � �,� G'ti� RESOLUTION OF THE CITY COUNCIL �`qkESH�4�' NO. L� L,� `� � 6. The house located at 4265 Chippewa Lane encroaches into a required side yard setback. Rearranging the property line would result in the house being more than the 50 feet required for side setbacks in the RR-lA zoning district. No new substandard setbacks for existing buildings will result from this rearrangement. 7. The Orono Planning Commission reviewed this application on May 15, 2000 and recommended by a vote of 5 to 0 to approve the land use application as presented. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono hereby approves the lot line reanangement of the above referenced property by the subdividers as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc., dated March 23, 2000, attached Exhibit "B", and grants a variance to Municipal Code Section 10.27, Subdivision 5 (B)to permit a resulting Parcel A to be 245 feet in width where a 370 foot width exists and 300 feet is required in the RR-lA zoning district. The approval is subject to the following conditions: � 1. The new legal description for Parcel A, as shown on the survey sited above, shall read as follows: Exhibit "C" 2. New drainage and utility easements 5 feet along interior property lines and 10 feet along exterior property lines shall be recorded with this resolution. 3. A variance shall be granted for lot width for Parcel A. . 4. The aforesaid division shown on the Certificate of Survey shall be filed by tfie City � of Orono with either the Hennepin County Recorder's Office or Registrar of Titles � O�ce on or before December 12, 2000 together with a certified original copy of this resolution. 5. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, a new application shall be required for the City of Orono review. � Page 3 of 7 �� °� � o 0 ��e. - CITY of URONO � � �,� G'� RESOLUTION OF THE CITY COUNCIL . ��kESH�4��' N0. � � `� c�. � LEGAL DOCUMENTS required: � a) Title Opinions or title documents acceptable to City Attorney shall be approved prior to recording this resolution. All owners, mortgage holders or others with property interest indicated therein shall consent to the subdivision. b) The subdivider must provide certified copies of all recorded easements currently affecting the property. . c) 3 original signed Certificate of Survey documents shall be submitted by the � applicant. , ' Adopted by the City Council of Orono, Minnesota this 12th day of June, 2000. ATTEST: � , - i da S. Vee, City Clerk Gabri Jabbour, Mayor . STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 2000, by � Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. • 7 ' , . ` caaa.E a w�sE�uw (��'�,�� .ri. ��.� / ��-�� NOTARY PUBLIC M�r Cdnn�sion ExpNea Jm.91,2005 ? • , Page 4 of 7 ' ' � EXHIBIT A � � � � • PROPOSED PARCEL B (f0 BE ADDED TO MCCAFFREY PA:�CEL) The East 10.00 feet of that part of.the West three fourths of the South Half of the � Northwest Quarter of the Southeast Qua�ter of Section 31, To�vnship 118 North, Range 23 West of the 5tfi Principal Meridian, which lies south of the t�orth 368.00 feet thereof, and north of the Luce Line Trail right-of-way; A`SO The South 151.00 feet of fhe North 368.00 feet of the West 314.50 feet of the East 324.50 feet of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quart�r of said Section 31; � ALSO The No[th 217.00 feet of that part of the East 324.5 feet of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of Sec6on 31, Township 118 North, Range 23 West of the 5th Principa( Meridian which lies west of the East 530.00 feet of said South Half of the Northwesf Quarter of the Southeast Quarter � . � Page 5 of 7 � • � EXHIBIT B � � � � � � � CHIPPEWA � LANE N as•ss�40° E zoo.o, W 370.10 124.95 � � �4.57 ( 15.39 �, . aN I C N .O . ' � I v . � . ° 200 � ' I � � , Z weal Gx oi Ewt 655 feet. Sadn I/?.--� 0 - � p tm t/�. SE t/t. Ssc. 3t-1tE-2J I • ' °w_ ++OU:C ' �• u � 1O . '_� � ��OUSC � � � m � � N -wG7t �n! OI Ep�l S.Sfl letl. $oulh 1/2. � N N I � Nw f/a. 5g t/�. $ec. 3�-ti8-23 I � � � —° McCAFFREY ° o� ❑ � Eoal Mne ol wc�l •9�7 r.cl. Soulh �/S, v� CAR4GF. � —Eaat �� Nit i/�. SE I/4. Sec 51-118-23 cn . Ewt 53t w 1 PARCEL B I se ,i•. � Soulb M�e nl Notlh 217 fCrl. '.oulh 1/2,�� - � GAR �' NYf t/4. SE t/4. $eC. tl..�18-2.1 iOI O� I � � N� S 89'26'40" W 200.01 � ' , , io z l. • • sus c' f 32a.5 �� PROPOSEO DIVIOING LINE----j � I `" c � AREA = 1.80 ACKf_5 - SHEN�ANEK c� B'RN � U • � -wesl 6n. °' � MY 1/1, V ' • • � 4, Q , N 89'28'40" i: 314.52 Z � . , � o 1 Swtn r,,. �i N«tn J68 rect. Soutn l/:.-" � Nw 1/4. � I/•t, $-�. Si-IIA-23 ' O �•L��o.�5 i ., i w � � t w PARCEL A � N � � �' N . ' O' t . �I �\REa = 5.t 2 ACFtES w� • , I m � N ' � # I � ' �� , �10 ' . ' � t ' 2o.e• � • -• - --- - -. . _ _. _.. .. __ .- •- -- -- ., I ---• . . .. CRAVCI . �79 ... ..... .. _ . . , . .. DRIVE _ ... _ � A=U4•06'S�.. '� 5 N9'31'OQ'� 1N 433.�6-._ ---•—•- -- • • - — ; Ra t9 to.08 I • ' ' � �uc� ur��E_ Tr�ni� � � � �Y,3,�, - - - — - .- ---- - - �-- - - -- .. - �- - ---- - -- -��- - - — -� - - - �- -� -�-- - -� ---._ �� ..��.__ . .--� -- - -----�.__ .. . Page 6 of 7 ' ~ • � � EXHIBIT C � � � � • . PROPOSED PARCEL A (REMAINING SHEMANEK PROPER'TY) That part of the South Half of�the No�thwest Quarter of the Southeast Qua�ter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian wfiich lies West of the east qua�te�thereof and East oP fhe West 421.7 feet thereof and north of fhe railroad right-of-way, EXCEPT the East 10.00 feet thereof; ALSO EXCEPT the North 368.00 feet of the West 314.50 feet of the East 324.50 feet thereof. • • Page 7 of 7,