HomeMy WebLinkAbout#2615 Recorded Resolution 4534~is
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 5 ..,~ 4
A RESOLUTION APPROVING A SUBDIVISION
OF A LOT LINE REARRANGEMENT FOR PROPERTY
LOCATED AT 879 BROWN R Q,<).D NQRTIJ .
FILE No. 261s Metro Legal Services Inc.
Box 491
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 City; and
WHEREAS, the City Council has considered the application for a subdivision of
a lot line rearrangement by George Stickney on behalf of DSR Investments, L.L.C., Derek Read
and Shannon Read (hereinafter "the subdividers") of properties legally described as:
attached "Exhibit A" (hereinafter "the properties")
to be rearranged by transferring of properties new legal descriptions as:
attached "Exhibit B"
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 September 18, 2000, at which time all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, .the subdividers have completed requirements of the City for a
subdivfsion to rearrange the property lines between the properties.
WHEREAS, At their regular meeting held on October 9, 2000, the Orono City
Council considered the subdivision application of George Stickney on behalf of Derek Read and
Shannon Read, noting the following findings of fact:
1. The property is located within the RR-lB , Single Family Rural Residential District
requiring a minimum of 2 acres lot area. The existing lots are as follows :
Page 1 of 8
¥4r 0 0
Parcel 1
Parcel 2
CITYofORO 0
RESOLUTION OF THE CITY COUNCIL
1.00 acre
4.45 acres
2.46 acres
4 t"' <i1ll Al NO. ;ui ·,·ci ·!
( excluding wetlands and areas below
the OHWL of Dickey Lake)
2. The subdividers have proposed a lot line rearrangement creating two lots meeting
the following:
Lot Area: Parcel 1
Parcel 2
1.10 acre
4.35 acres
2.36 acres ( excluding wetlands and areas below
the OHWL of Dickey Lake)
3. The lots meet the intent of the Comprehensive Plan of the City of Orono by not
allowing additional building sites not meeting the permitted density. Parcel 2 would
remain over two acres as guided by the Comprehensive Plan and Municipal Zoning Code.
4. The request for a lot line rearrangement will not create additional lots.
5. Parcel 1 is developed as a residential property and Parcel 2 is a vacant property.
6. Parcel 2 extends into Dickey Lake, parcel 2 could be considered as a lakeshore
lot, meeting the 200' width requirement both at the shoreline and the at the 150'
setback for the Natural Environment Lake. Parcel 2 would be reduced from a 50'
lot width to 30' at its lot line abutting Brown Road .. Parcel 1 currently does not
meet the minimum 200' lot width at Brown Road North. Rearrangement of the
common property line would create a conforming lot width of 218' for Parcel 1.
7. Because the lot line rearrangement is not a subdivision a plat is not required.
Applying front/back lot standards would require a 30' corridor to Parcel 2 and 3. 00
acres. The lot has proposed a 30' driveway corridor and would result in a lot more
than 3.00 acres when adding the areas that are to be dedicated as drainage
easements to the dry buildable portion of the property.
8. Both Parcels 1 and 2 are subject to hardcover restrictions from Dickey Lake and
a protected tributary located along the north property line of Parcel 1. Dickey's
Lake Creek has been identified as a protected waterway and requires a 75' setback
for structure and hardcover.
Page 2 of 8
CITYofORO 0
~
~~< ~ut RESOLUTION OF THE CITY COUNCIL
~~~ NO. 1 .~) e:) 4
9. A 300' shore land protection area has been established around protected tributaries.
The 300' would allow 0% hardcover within 75' of the high water level of the
creek, 25% hardcover between 75-250' from the creek and 30% from 250-300'.
10. The existing house would not require variances for its location. The survey,
attached "Exhibit C", indicates the house does meet required setbacks. The new
property line allows the house to expand to the flat area northwest of the structure.
The property owner should be advised new construction would require variances
for lot area since the lot is under the two acre minimum lot size for the district.
11. Development of Parcel 2 would require the Council approving sewer connection
to the property. The proposed Comprehensive Plan would bring both Parcels into
the MUSA allowing for the provision of sewer service to the site. The City
Council has recently approved sewer connection for the developed property. The
lot had a septic system that was non-compliant and no alternate sites were available
due to the size of the lot and creek north of the property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono
hereby approves the lot line rearrangement of the above referenced property by the subdividers
as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Coffin and
Gronberg, Inc., a registered Land Surveyor and Civil Engineer, dated September 6, 2000, attached
Exhibit "C", and grants a variance to Municipal Code Section 10.28, Subdivision 5 (B) to permit
Parcel 2 to be a "RECORD LOT" and are granted variances from the zoning chapter requirements
for lot width. The approval is subject to the following conditions:
1. Applicant shall dedicate drainage and utility easement 10' along exterior property
lines and 5' along interior property lines.
2. Applicant shall provide to the City any documentation relating to easements on both
properties.
3. 3 original surveys of the survey completed by a licensed surveyor in the State of
Minnesota shall be submitted, with signature blocks for final recording of the new
property line.
4. Drainage easement shall be recorded for the property below the 985.5' OHWL of
Dickey Lake and over City protected wetlands.
Page 3 of 8
CITYofORO 0
RESOLUTION OF THE CITY COUNCIL
4 C'iC"7::fJ NO. _ :.•~) .. :, ,5:
6. Accessory buildings shall be relocated to conform with Zoning Standards prior to
recording the new legal descriptions of the property.
7. A variance shall be granted creating a "RECORD LOT" for Parcel 2.
8. 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 or before April 9, 2001 together with a certified original copy
of this resolution.
9. The City of Orono shall not issue a building permit for improvements to either of
the new parcels prior to recording the subdivision.
10. 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.
LEGAL DOCUMENTS required:
a) Title Opinions addressed to the City. All owners, mortgage holders or others with
property interest indicated therein shall sign the plat and all other documents affected by
such interest.
b) The subdivider must provide certified copies of all recorded easements currently
affecting the property.
c) Three Copies of Certificate of Survey for filing with Hennepin County.
d) Drainage and Utility Easements documents.
Page 4 of 8
ATTEST:
CITY of ORONO
R ESOLUTION O F TH E CITY COUNCIL
{:'. 0l ' NO . ,, v> ,(), L!
Adopted by the City Council of Orono, Minnesota this 9th day of October, 2000.
)
) ss.
)
The foregoing instrument was acknowledged before me on this 9th day of October, 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.
e HE IDI N. STURMAN
NOrARY PUBLIC · MNNESOTA
My CommlNlon Expires Jan. 31, 2005 dh'1t -~
Notary Public
Page 5 of 8
"Exhibit A" .
CITYofORO 0
~ I>. ~+ 0t RESOLUTION OF THE CITY COUNCIL
~ NO. _____ _
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' .. : . Quarter.•i>ttne:'s.' ·tliwe_q~-. · fs~ik>b:27°,TmviisNJ)' .. 1it:Jitort11;'~~;~t;\v '·'"'bf .
· .... ·.tli~:¥1·.P~~~~-a~;~~:fg1~~~/~~~AJ°~ir.-~,~~:~Et~:~~r.::: ...
. sad Southeast Quatter:ofthe'Souihwest Qµ· iterdi'st&tit 3S4~.7SfeefNoiih.tiftli,c.r <-:~_-:-:-,:, .-.
• . ·• • •,-.. •~ •·.;,:, ••.,.,•• :•.': ~;_•• • .. :; ,.-.., ·••·. •., •--~ .• •• •-• •• l .,_ • ;; •· •· , ;: '..; -:,..•••• . .,1,-,•,•,,~•••<!t"~-"f•, '•• ,' t • · s:o~ · ·om ···or ·d s · theast Quart ·: ·tt1i' s ·· foi{ st,~' ~iN.fu'di,.t,.:.;;..-;• .,, .. ·--~,--.~·-.sru ... D.U .. ,.····. ef,9 .. ,¢ pu1_.Jl ..... ,.,._f, ... ,., ... ,.,-.-.~""'~•-
. ·.Ai#d ~f:ljll~ ~~5!2tfeet; t~~~ W:~(p~~efw;th.\h~S_p~~§f.~J!:-~.\>'i.,;:)_~ ·
, : Quarter. ~r-~~-.$.~frw~ Quarte(a. 4is~~: or 99.QJee_~:-~ s~ "@l~fJ.:ivit)t~4··• ·•' . · · ··.·. i: :3jt~:t~~E~. 1~·1he,p~trit···~·b~g, •..•. •.··. ·• • .•. •.;.'?\/:·• :••-"\,-,:·.·.
•~ S~qth. ~48 f~f of~. p.~ rt~~ ~ott!ljf~~~~(l(ter,·cnne ~-~u~#es;. ~~#t,9(-_.-:~:~~ . .
. Seqti(?n ·21,·T(i~s4ip_Jl8 l'{ortl1; Ratige i1.'\Vestof th~-5th ptll!91Pal .M:eri~-,~~o.¥d ·:: • . as follows:· :-B~ at~ point on Jhe East'li~ ofs~d Sou_thea.sf Q;~azt.rr~dfJ~~(/, •·:. ; . > ·
Southwe~ Qilajtei ~~ant 3·54~ 75 _fecf North oft_he Sou~ C(5,r~er of sa!,.f1ou_~~~ .. · .
Q~arter of t,~-f SµuV1west_ Q~~er; -t~~nce .~?rt~· aI1on_¥ ~d ~f line a di~-~~ ~~3 ~'.is,-;. ' .
f~t; ~,~ W ~st pctr,~el _with the S;outh'lme of said Southe4St Qyiuter qft.~e. Sou.ilm.eti( . _ ·: .·:
Quarter a dist~ce of:990 feet~ then~~ S◊uth c:rallel with said lfut:line ~-dist~qf ~. _: ..
6~f2s:reet;th~nce~t to. the poiti(orbeg1rj.nin~~ _except the East ·25} f.~(o{~e~o~ .. ·
l 98 feet .of said South 2-48 feet. · · · · -. · · · . "' ., .· : . ;, ~ ' . . . . . . . .
• •• _. ,.A
Page 6 of 8 .
"Exhibit B"
CITY of ORO O ·
ED LEGAL DESCRIPT_19NIOLUTION OF THE CITY COUNCIL
1 NO. 4 f:! ;,~i/; 41
at part of the fo!lowing described pr::,perty:
The ~oulh 248 teer o;'ti1at part of the Southeast Quarter of the Southwest Quarter
of Se~Lion 27, Township 118 North, Range 23 West of the 5th principal Meridian,
described as follows: Bcgianing at a point on the Ea~t line of said Southeast
Quarter of the S0uthwe~t Quarter distant 354.75 feet North of the Southeast
comer of said Southeast Quarter of the Southwest Quarter; thence North along
said East line a distance of 635.25 feet; thence West parallel with the South line of
said Southeast Quarter of the Southwest Quarter a distance of 990 feet; thence
South parallel with said East line a distance of 635.25 feet; thence East to the point
of beginning,
which lies north and northeasterly of the following descrih,:d li:ie: Beginning at a point on
the East line of said Southeast Quarter of the Southwest Quar:.er dist:rnt 3 84. 76 feet No11h
of the Southeast comer of said Southeast Quarter of the Southv.:est Quarter; thence West
parallel with the South line of :;aid Southeast Quarter of the Southwest Quarter a distance
of 178.00 feet: thence Northwesterly deflecting right 54 degrees 25 minutes 38 seconds to
the north line of the above de5cribed property and said line there ending.
Parcel 2
That part of the following rlesc~becl µropeny:
The Soulh 24 8 feet of that part of the Southeast Quarter of the Southwest Quarter
of Section 27, Townshi!) i 18 North, Range 23 West of the 5th principal Meridian,
described as follows: Beginning at a point on the East line of said Southeast ·
Quarter of the Southwest Quarter distant 354.75 feet North of the Southeast
corner of said Southeast Quarter of the Southwest Quarter; thence North along
said East line a distance of635.25 feet; thence \Vest parallel·with the South line of
said Southeast Quarter of the Southwest Quarter a distance of 990 feet; thence
South pura\lel with said East line a distance of 635.25 feet; thence East to the point
of beginning,
which lies south and southwesterly of the following desc.-ibed line: Beginning at a point on
the East line of said Southeast Quant:r of the SQuthwest Quarter distant 384.76 feet North
of the Southeast corner of said Southeast Quarter of the Southwest Quarter; thence West
parallel with the South line of mid Southeast Quarter of the Southwest Quarter a distance
of 178.00 feet; thence Northwr.sterly dci1ccting right 54 degrees 25 minutes 38 seconds to
the nonh line of the above described property and said line there ending .
..
Page 7 of 8
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