HomeMy WebLinkAboutResolution 4405 t
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�,� G'�� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION OF INTENT
TO ENTER INTO AN AGREEMENT
WITH THE OWNERS OF PROPERTY '
LOCATED AT 4220 COUNTY ROAD 6
WHEREAS,the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Hennepin County has completed an upgrade of County State Aid
Highway No. 6 (hereinafter "Co. Rd. 6") in Orono, which upgrade required the acquisition of
additional right-of-way from property owners abutting Co. Rd. 6; and
WHEREAS,Robert and Julie Hanning are the owners of the property located at 4220
Co.Rd. 6("the property")from which Hennepin County required the acquisition of approximately
• 23,300 s.f. or approximately 0.53 acres of land for road right-of-way; and
WHEREAS,the Hannings in 1998 requested that the City Council allow the use of
the right-of-way taken by the County as area credit towards the 5-acre minimum lot area requirement
at the time of future subdivision of their property; and
WHEREAS, the Hannings are in litigation with Hennepin County regardi.ng the
value of the property taken for right-of-way; and
WHEREAS, the City of Orono has a financial interest in the outcome of said
litigation because the City is required to pay half of the costs of acquisition of right-of-way for the
, Co. Rd. 6 upgrade project; and
WHEREAS,the value of the land taken for right-of-way is influenced by how the
taking impacts the ability of the property to be subdivided in the future; and .
WHEREAS, it was not the intent of the City of Orono to render the property no
longer subdividable as a result of the taking, assuming that the property was subdividable prior to
the taking; and
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WHEREAS,the City Council wishes to enter into an agreement with the Hannings
to allow use of the taken right-of-way as area credit for a future subdivision, subject to reasonable
specified conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. The Hannings are owners of real property described in Exhibit A,which property is located
in the RR-1 A Single Family Rural Residential Zoning District requiring 5 dry buildable acres
in each building site.
2. Hennepin County has acquired an easement for road purposes over the portion of the
• property described in Exhibit B.
� 3. Orono Municipal Zoning Code Section 10.02.34 excludes the use of area dedicated as public
right-of-way as credit towards lot area requirements.
4. The Property contained approximately 11.2 dry buildable acres prior to the right-of-way
easement acquisition and contains appro�mately 10.8 dry buildable acres after the
acquisition.
5. The impact of the easement makes creation of a regulazly shaped new building lot even more
difficult than before the acquisition, due to the location of the existing residence on the
properry.
6. The basis for creation of the 5-acre zoning district in 1974 was to retain the low-density rural
character of northwest Orono. Allowing subdivision of the 11-acre property into two lots of
approximately equal area will not be in conflict with the City's rural philosophy. �
7. Granting area credit for the area of the road easement w-ill allo�v a subdivision creating a new
building lot that is less irregularly shaped than the lot that could be created absent such
credit. �
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8. Granting such credit is reasonable given the impact of this taking on the developability of the
property. Further, because the credit that would be granted for each newly created 5-acre �
building site would be approximately 1/4 acre or less,the new lots would have 95%of their
area outside the easement,and this 5% "variance"has little impact on the future use of each �
5-acre lot,as compared to the major impact if 1/4 acre of a 1 acre or 1/2 acre lot was in right-
�of-way.
9. The granting of this credit is unique to to this property because it involves the settlement of
� litigation in regards to a right-of-way condemnation, which is not the case in mosf other
properties in this or other zoning districts in Orono.
CONCLUSION, STATEMENT OF INTENT AND CONDITIONS
• NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orono hereby declares its intent as follows:
1. The City Council intends to enter into a formal agreement with the Hannings and their heirs,
. successors and assigns,which agreement will incorporate the following:
a. A future subdivision of the property undertaken while the 5-acre minimum lot size
is applicable to the property, shall be granted dry buildable area credit for the dry
buildable land taken through condemnation for County highway construction
purposes.
b. The dry-buildable area creditable toward a future lot shall be an amount equal�to the
dry-buildable area of taken right-of-way that directly abuts said future lot and that lies
directly between Co. Rd. 6 and said lot. .
2. The intent of this agreement is that the property owners will be in no better and no worse of
a position for accomplishing a reasonable subdivision of their property than they were prior
to the right-of-way taking.
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3. Nothing in this agreement will purport to grant,nor commit to granting,any variances to the
Orono Zoning Code, except that the agreement will establish that the City will as a
stipulation of settlement agreement grant a variance to Section 10.02.34 to allow the use of
area dedicated as public road right-of-way toward the�-acre minimum lot area requirement
based on the findings noted above.
4. The agreement is predicated on settlement of the condemnation appeal action in a dollar
amount acceptable to the City Council and Hennepin County.
Adopted by the City Council of Orono, Minnesota at a regular meeting held this 13�' day of
December, 1999.
ATTEST:
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inda S. Vee, City Clerk Gabrie Jabbour, Mayor � ` �
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