HomeMy WebLinkAboutProject PacketTO:
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12903 1gTII AVENUE SOUTH
BURNSVlLLF,
(612) 866
(952) 895
l'VIN 55337
8600
5 ·1 3 .-1
FACSIMILE TRANSMITTAL SHEET
FROM:
Tc,1n \Xlolff ,.,f th,• \X!Ol .f..'I •'I.A, \X? OFFlCE
DATE'.
JUNR26.2000
FAX NUMBER:
(612) 249 -4616
'l'OTAL NO. ()l,' PAGES TNCLUDlNG COVfl.H:
:3
l'":t-JOND NUMl)!'·~R.
(612) 249 -4600
RE:
4355 Chipp.;wa Lane Lot
Rearrangement
LTROJZ?~'I' K l'Oll ltLVH::w
Y(JUR RE.PR REN CE NUMBER:
1 represent the. Sellers, Fred and Joy-cc Shet11.!ln-!=k. -~_._,_,,i,.-t,,...,1 ;._ •·• , u.py .. r I\,..-....... ..
Paxtial Release of T'vlortgagc signed by Victorin State Bank. If any problems with
t.tan.5missio:n, or if you need ru1.yrthu10 elct\ fron1. u~~, c,J.l the nun-1he:t:!-,;hown ·,1 hnvt->
Thil'! fo.c::iin.-u.l.1.., cont.a.inr. confidcnti~.I inf,::).t:i'l'l/;1.ti,.,n intr:•11r1P,-1 nn 1), fnt I hie 11~€·! of th<:
person to who1n it is addressed ,md n10.y contain inform:ition that .is lf".g:1lly privilceed, If you
a.Le: .L~ul lhc:: pi:..i::son to -wh,;,t'r\ thit'l ttnnt.1n"titmion •;r.•a.EJ a.ddr1.,,,.,,,d_, yn1.1 (;(re h,;•;•,,,hy nntifi,,cl I frn r
reading, d.isb:ibuting or copying th.is facsim.ilc is sttktly pmh.ibitcd. Tf you t·cc.:civcd this
facsituil~ by .m.istake, plea8e im1ncd.iatdy notify t11e sending pcuty by tdcphonc at th,:. :1hnvc
listcd number.
FACSlMTLE: (952) 895 -5121
PDl
FRIJM CIJl~RAD CARR
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PA~'nAI. RIJL~A.~~ (IF M(lk'IUA(rn
· By ti:nr,:-ao:t'u.!.ici, wUk Char.1¥u ur N,1urc.c:--ur
fdtntfty l'ul'IUllftHO Mit1n, Sl,t I S0?,,1ll
PHIJl'·lE HIJ.
Partial Release
of Mortgage
F'[l2
,:nt..,!lllll.
!"OR VA1,UABI.,ll; CONSmJr.ltA'l'HJN, the l't,r:J property in _HBNNJ;;fIN
Minneaota, legally described a& follows: ,, .. --· .. ----.---.. , Co11nty,
The east 1 O. 00 feet of that part of th.; wrt,:;f: three fourths of
the south ha.If of the nort,hwest qu.:,.rtc,r of t,h,-, .,,..,,r1,..,.,,, L '·J'-'•""'""
ot section 31, Township 119 North, ~an3e 23 w~~L of the 5th
!:>rt 11oipal N.e.ric:::IL">n, ._.,, i-::h li•• ,e.:,-, LI, ur Liu, 11or r 1, ~ 15P.i.,:, i:, :e<.>..,t
thereof, and north of th~ Luee Lino Trail right~of-way;
ALSO
Th$ 5o~th 151.00 feet of the north lfiA.00 f~~~ nf thQ wQQt
314.50 !aet of the east ~24.50 feet of the west three fourths
of thA Anllt-li h;>, r ,:.£ th .. no .. t,,.l\woot gu .......... .,. c.f: the .,..,., l.,i.~,~"' L
ciuarter of I'll'¼ in (If l'lrnrA "l'"""' OM n,nc,l,.d c<•ulln,.o on bu.~!,)
iB herebyrl'll(tQS"'dfrom th€! lien oit.h,, MM•l.u><g••, ,..,..,,, .. ,3 t-,, Lhu un,l,>roii;;,·,cd, dut.:.d Au,,,'"''" l , 1 2 ., __ ,, , HIS>'¼ _ ,
nxec.uted by ~t.·«iu.l n r i cJt ,_E..__S.b.,;,ma rw k ·,Jr , a od ,Joy c;:,e_.J::.._,Sh-.m.ak. .. u / ls..ui. .. ,
J:oyr.jl A Sherornsk ___ ,,, ____ .. ,,, , u Mo11.;:ai,:ur, to ---------· , __ _ Viot:Q;r,i.:, E':te,4-,~ . ..Ildnk ,, ____ ,,, ,llt<Mortgageo,,
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(Rcgint,r,'lr of T,U.,M) vf .H,:mu e pl n ___ , _____ County, M1nnesot11.
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por11tinn O co11v11ninn nf ilrt.ides of \r1~1,1•p,,t,.f.1,m nr ,;,hiui.t,t' frnm r.,,fornl to state, fltlil" t.t, federal, or fr(lm t•no forni of
entity to another, -~rc:rroR ____ .. ,
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STATE OF,, __ e,s ... l.-Di ... w ... E ... Su..OuTc,,.A..__~~~--t H,
COUNTY' OF_. cuv:e:.a f
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by ,Jerry '[, .J11] ius .... -----_____ and__ BP th Kroening
tltf! Viclll 'Presidei::it.-----____ a.nd V1r,;;, Pt:,1;>sicleat
of JZ1t:l'or.ia Stote Back ., ·-----,,,. ___ , 11 _c=poretie,n
undo,r ~he laws of Ml ooesctll , on behi,.lf vf th~ .. .,corpora t ! (in
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T'H' 1-. 1,,, •· , ,. , · ~u-. :,., 1. \~'•'--uu.,,;i,•t·►~ ri 1.~ \' .. ~= ,•,,M.L .!Ii ,.._J.,t •J ~1 .. !! 1
CCIHRAD CARR r1 ICIHC: HD. [IC,C, [IC,[1[1
ft£.ol:iU
The nort.l'i 217. 00 feet of that part of tbe ea$t". 324. 5 feet of LhEet
wast thrao fourtho of the sout.h hcslf ol the northwest qua:rter
of the southeast quarter of 8ection l1, 'l'owm:•hJ.p 118 North,
R~nge 23 West or the :stn 1-'t: .i.111::ipal HE,:i: ,i.d.i..in vhic:h lie::i wei:; t
of tho aa.at:: S3o.oo teet or t.he south :t)alf o.t the nort.hwf°.!;:;t
quart,u.-uf the aout:hea.lilt guartcr, H~l'lnepin Co1.wt.v, Minnesota
ORONO CITY COUNCIL MEETING
MONDAY, JUNE 12, 2000
7. #2581 John and Kristin Gehring, 1687 Concordia Street-Variances-Resolution No.
4477-Continued
· impairments by more than 8 feet because the neighbors have a deck and stairs off their house.
Peterson stated that the Planning Commission was more concerned with hardcover and lot ..
coverage issues than with the setback. Gaffron stated that the Planning Commission discussed
setback at the May 15 th meeting and that Bottenberg recommended a 50 foot setback at that time.
He pointed out it was discussed in Bottenberg 's staff memo at that time.
Mayor Jabbour questioned whether the Council should table the application to the next meeting
to enable a revised resolution reflecting the 50 foot setback to be prepared.
Gaffron suggested they issue building permits with the resolution brought back to Council in two
weeks. Barrett recommended making an oral amendment to the resolution at the meeting.
Gaffron offered to prepare a revised resolution for Council action that evening.
Mayor Jabbour moved, and Peterson seconded, to table Item 7 to a later point in the
meeting to enable a revised resolution to be prepared.
Vote: Ayes 4, Nays 0.
Item 7 is continued after the City Administrator's Report.
8. #2585 Thomas and Kathleen McCaffrey, 4265 /4355 Chippewa Lane-Subdivision
of a Lot Line Rearrangement-Resolution No. 4478
Barrett stated that his issue 'vvith the application was resolved and he was satisfied with it as
presented by staff.
Mayor .Jabbour moved, and Peterson seconded, to approve Resolution No. 4478 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, Subdivision 5(B)
permitting Parcel A to be 245 feet in width where a 370 foot width exists and 300 feet is
required in the RR&A zoning district.
Vote: Ayes 4, Nays 0.
9. #2587 Richard R. Rudd, 4575 Wayzata Boulevard-Preliminary Road
Plat-Resolution No. 4479
Weinberger stated that staff had a minor revision to the resolution presented in the packet.
Because it is being completed as a road plat only, platting only the 4575 lot, they
5
Application Date:
Completion Date:
Deadline:
4/19/00
4/19/00
8/17/00
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Paul Weinberger
Title Zoning Administrator
Item Description: #2585 Thomas and Kathleen Mccaffrey
Fred and Joyce Shemanek
4265 and 4355 Chippewa Lane
Subdivision of a Lot Line Rearrangement
DATE: June 5, 2000
ITEM NO.:
Agenda Section:
Zoning
Zoning: RR-IA, One Family Rural Residential, 5 Acre Minimum lot size
Application: To rearrange a common lot line to transfer 1.80 acres from property located at 4355
Chippewa Lane to 4265 Chippewa Lane.
List of Exhibits:
A Resolution
B Notice of Planning Commission Action
C Planning Commission Minutes (May 15, 2000)
D Septic Review by Chris Pence, On-Site Systems Manager
E Planning Report
Application Summary: The applicants have proposed to transfer 1.8 acre portion of the lot located
at 4355 Chippewa Lane to 4265 Chippewa Lane. The existing 4355 parcel is a legal conforming lot
consisting of 6.92 acres and having a lot width of370'. The transfer of 1.8 acres will result in a 5.12
acre parcel meeting the minimum lot size for the zoning district. However the proposed lot division
would transfer approximately 125' of frontage to the adjacent parcel leaving only 245' of frontage
where 300' is required. Please note the site plan attached as Exhibit A to the draft resolution.
The second lot is approximately 1 acre is size and would increase in lot size to 2.80 acres. The lot
would have 327' of frontage on Chippewa Lane.
This application requires the following approvals: 1) Class I subdivision of a lot line
rearrangement between two developed parcels, and 2) a variance to lot width as the property located
at 4355 would be reduced in lot width to less than 300'.
Lot Summaries: Lot Area Lot Area Lot Width Lot Width
Existing Proposed Existing Proposed
4265 Chippewa 1.00 Ac. 2.80 Ac. 200' 325'
4355 Chippewa 6.92 Ac. 5.12 Ac. 370' 245'
Total 7.92 Ac. 7.92 Ac. 570' 570'
Area, Lot Width and Yard Requirements
Lot Area 5.00 acres
Lot Width 300 feet
Front Yard 100 feet
Side Yard 50 feet
Rear Yard 100 feet
Planning Commission Recommendation: By a vote of 5 to O the Planning Commission
recommended approval subject to the property owners grant drainage and utility easements 10' in
width along exterior property lines and 5' along interior property lines.
Staff Recommendation: To adopt the attached resolution approving the lot line rearrangement as
submitted.
COUNCIL ACTION REQUESTED
To adopt or amend the attached resolution.
A RESOLUTION APPROVING A SUBDIVISION
OF A LOT LINE REARRANGEMENT FOR PROPERTIES
LOCATED AT 4265 AND 4355 CHIPPEWA LANE;
AND GRANTING OF AV ARIANCE TO MUNICIPAL CODE
SECTION 10.27, SUBDIVISION 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 City; and
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 5th
Principal Meridian, Hennepin County, 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
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 minimum of 5 acres lot area and 300' width. The existing lots
are as follows:
4265 Chippewa Lane
4355 Chippewa Lane
1 acre/200'
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
4355 Chippewa Lane
2.80 acres/325'
5 .12 acres/245'
3. The new property line would result in less than 300' of public road frontage for 4 3 5 5
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 area
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 property line being relocated.
Page 2 of 7
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 O to approve the land use application as presented.
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 &
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 the City
of Orono with either the Hennepin County Recorder's Office or Registrar of Titles
Office 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
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:
Linda S. Vee, City Clerk Gabriel 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.
NOTARY PUBLIC
Page 4 of 7
EXHIBIT A
PROPOSED PARCEL B (TO BE ADDED TO MCCAFFREY PARCEL)
The East 10.00 feet of that part of the West three fourths of the South Half of the
Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range
23 West of the 5th Principal Meridian, which lies south of the N0rth 368.00 feet thereof,
and north of the Luce Line Trail right-of-way;
ALSO
The South 151.00 feet of the North 368.00 feet of the West 314.50 feet of the East
324.50 feet of tile West three-fourths of the South Half of the Northwest Quarter of the
Southeast Quarter of said Section 31;
ALSO
The North 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 Section 31,
Township 118 North, Range 23 West of the 5th Principal Meridian which lies west of
the East 530.00 feet of said South Half of the Northwest Quarter of the Southeast
Quarter
Page 5 of 7
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EXHIBIT B
CHIPPEWA
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PROPOSED DIVIDING LINE---7
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PARCEL A
AREA 5. 12 ACRES
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PARCEL B
South line of North 217 fcf"t, :;outh 1/2, --.._
NW 1/4. Sf 1/4, s~c. J1 .. 11a ·2-' '.
S 89"28' 40" W 200.01
· }14.5
1.80 ACRES
N 89°28' 40" E 314.52
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EXHIBIT C
PROPOSED PARCEL A (REMAINING SHEMAN EK PROPERTY)
That part of the South Half of the Northwest Quarter of the Southeast Quarter of
Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian 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 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
CITY OF ORONO
P.O.Box66
Crystal Bay, MN 55323
PHONE:(952)249-4600 F AX:(952)249-4616
----------
TO: Thomas and Kathleen McCaffrey
4265 Chippewa Lane
Maple Plain, MN 55359
ZONING FILE #2585
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: May 17, 2000 ___________ , __________________ _
COPIES TO: Fred and Joyce Shemanek
4355 Chippewa Lane
Maple Plain, MN 55359
TYPE OF APPLICATION: X Variance
Conditional Use Permit
X Subdivision (Lot Line Rearrangement)
Other
-------------------------------------------
DATE OF MEETING: May 15, 2000 VOTE: 5 FOR
Planning Commission recommends the following:
_x_ Approval as submitted
__ Approval subject to conditions noted below
Denial for reasons noted below
Tabled for reasons noted below
__ No action required
NOTES AND SPECIAL CONDITIONS:
0 AGAINST
Applicant's next scheduled to appear before the City Council on Monday, June 12, 2000. If you
have any questions please contact the Zoning Department at (952) 249-4600.
If you desire certified copies of the official Planning Commission minutes, they are available
from the City Recorder after review and approval by the Planning Commission.
B
ORONO PLANNING COMMISSION
Monday,MaylS,2000
SCHEDULED PUBLIC HEARINGS
(#2) #2585 THOMAS AND KATHLEEN McCAFFREY, 4265/4355 CHIPPEWA LANE,
SUBDIVISION OF A LOT LINE REARRANGEMENT, 7:10 p.m. -7:28 p.m.
Thomas and Kathleen Mccaffrey, Applicants, were present.
Joyce Shemanek, Neighbor, was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger stated the Applicants are proposing to rearrange a common lot line to transfer 1.80
acres from the property located at 4355 Chippewa Lane to 4265 Chippewa Lane. The existing
4355 parcel is a legal conforming lot consisting of 6.92 acres and having a lot width of 370 feet.
The transfer of 1.8 acres will result in a 5.12 acre parcel meeting the minimum lot size for the
zoning district. The proposed lot division would transfer approximately 125 feet of frontage to the
adjacent parcel, leaving only 245 feet of frontage where 300 feet is required. The second lot is
almost one acre in size, with the transfer increasing the lot size to 2.80 acres. The lot would have
327 feet of frontage on Chippewa Lane.
Weinberger stated with the lot line rearrangement, the buildings would now meet the setback
requirements for the zoning district but would continue to be below the minimum lot size for this
zoning district.
Weinberger stated the lot line rearrangement is being proposed in this location due to the location
of some septic sites on the 4265 parcel west of the house. The sites are located within the area to
be transferred to the adjacent property. Additional testing was not completed on the property to
identify additional sites on the lots. It is possible the septic sites could be relocated to another site
on the property. The second parcel also has two septic sites available near the east property line
for the 4355 lot.
Weinberger noted the proposed lot line rearrangement does not increase the density between the
Page 9
ORONO PLANNING COMMISSION
Monday, May 15, 2000
two lots. Under the existing zoning, no future subdivision is possible. The lot would require a
variance for lot width since the lot would become substandard. The lot line rearrangement would
result in the 4355 lot being reduced in lot width to less than 300 feet and make it nonconforming.
Weinberger noted some of the other lots in this area do not meet the 300 foot frontage requirement.
The Applicants are also proposing to create a ten foot wide walking access to the Luce Line
Trail for the 4265 lot. City Code does not address creating lots with walkways to access public
land. Weinberger noted they have not heard any opposition to this walkway from the DNR.
Mccaffrey stated they are attempting with this lot line rearrangement to bring the lots more into
compliance with the five acre zoning concept. Mccaffrey stated they were only informed of the
300 foot frontage last week, which came as a surprise. Mccaffrey stated out of the seven lots on
Chippewa Lane, only one complies with the required frontage and one with the required acreage for
this zoning district. Mccaffrey stated he is unsure what the intent of the frontage requirement is.
Mccaffrey noted they have spent a considerable amount of money on surveys, title searches, and
septic testing on this lot line rearrangement.
Smith inquired why the Applicants are proposing to do this lot line rearrangement.
Mccaffrey stated they want to preserve their natural aesthetics. Mccaffrey stated the Shemaneks
are planning to retire and sell their property in the near future, which would allow for expansion of
their lot as well as legal access down to the Luce Line. Mccaffrey stated they also need to acquire
some additional land to the west in order to accommodate a mound septic system in the future.
Joyce Shemanek encouraged the Planning Commission to approve this lot line rearrangement,
noting they are doing something which will help their neighbor.
There were no further public comments regarding this application.
Lindquist commented that the City will still end up with two non-conforming lots regardless of how
the lot lot is rearranged.
Smith inquired whether this would become a flag lot in the future.
Weinberger stated based on the existing zone, the updated Comprehensive Plan is not proposing
Page 10
ORONO PLANNING COMMISSION
Monday,MaylS,2000
any changes to the density in this area.
Stoddard noted the Planning Commission has approved a walkway path down to the Luce Line in
the past.
Weinberger stated the DNR usually has concerns when people propose to remove trees down by
the Luce Line in order to construct a walking path and gain access to the trail. Weinberger stated
that should not be an issue in this case.
Smith commented that the City should be advising Applicants that are proposing to construct a
walkway to the Luce Line that they are not entitled to remove any trees or vegetation within the
DNR's easement.
Weinberger stated the Applicant has been informed of the easements in this area.
Stoddard moved, Nygard seconded, to recommend approval of Application #2585,
Thomas and Kathleen Mccaffrey and Fred and Joyce Shemanek, 4265 and 4355 Chippewa
Lane, for a subdivision lot line rearrangement. VOTE: Ayes 5, Nays O.
(#3) #2587 RICHARD R. RUDD, 4575 WA¥ZATA BOULEVARD, SUBDIVISION FOR PLATTING
A PUBLIC ROAD ADJACENT TO A PROPOSED SIX LOT PLAT LOCATED IN CITY OF MEDINA,
7:29 p.m. -7:48 p.m.
Kris Rudd, Applicant, was present.
Weinberger stated the Applicant is proposing to plat a segment of a road that is intended to be
a public road over a lot located at 4575 Wayzata Boulevard West. The total length of the road
located in Orono would be approximately 450 feet, ending in a cul-de-sac at the east end of the
property. Weinberger noted this lot is adjacent to the City of Medina.
Weinberger stated the entire concept for this development involves having access off of Town Line
Road, which is located in the western most part of Orono, with a double road entering the
development, going through the Rudd property, and ending in a cul-de-sac. Issues relating to access
have been raised in the past relating to properties located to the east of the proposed road.
Page 11
TO: Paul Weinberger, Zoning Administrator/Planner
FROM: Chris Pence, On-Site Systems Manager
DATE: May 26, 2000
SUBJECT: Septic Review for Application#2585, TomMcCaffreyandFred Shemanek, Lot Line
Rearrangement, Chippewa Lane.
The two properties in the proposed lot line rearrangement require the use of on-site sewage treatment
systems. Soil borings and percolation tests were performed by S-P Testing, Inc. on April 13, 2000
to identify primary and alternate drainfield sites on each lot.
The septic system at 4355 Chippewa Lane has been classified as non-compliant. A design has been
submitted that meets all current State and City codes. The existing septic system will need to be
replaced by December 31, 2010. If the septic system is found failing before that time, the septic
must be replaced within 90 days.
The septic system at 4265 Chippewa Lane has been classified as non-compliant. A design has been
submitted that meets all current State and City codes. The existing septic system will need to be
replaced by December 31, 2010. If the septic system is found failing before that time, the septic
must be replaced within 90 days.
Based on the above information, staff recommends approval of the lot line rearrangement. The City
requires the drainfield sites be fenced off prior to any grading or land alteration on these lots
D
TO:
FROM:
DATE:
RE:
Zoning:
Chair Hawn and Orono Planning Commissioners
Ron Moorse, City Administrator
Paul Weinberger, Zoning Administrator/Planner
May 10, 2000
Thomas and Kathleen McCaffrey
Fred and Joyce Shemanek
4265 and 4355 Chippewa Lane
Subdivision of a Lot Line Rearrangement
RR-IA, One Family Rural Residential, 5 Acre Minimum lot size
Application: To rearrange a common lot line to transfer 1.80 acres from property located at 4355
Chippewa Lane to 4265 Chippewa Lane.
List of Exhibits:
A Application
B Plat Map
C Property Survey/Site Plan
D Letter from Mike Gaffron (Dated 3/27 /00)
E Zoning Map
F Legal Descriptions
G Site Topography
H Property Owners List
Application Summary: The applicants have proposed to transfer a portion of 4355 Chippewa
Lane to 4265 Chippewa Lane. The existing 4355 parcel is a legal conforming lot consisting of 6.92
acres and having a lot width of 370'. The transfer of 1.8 acres will result in a 5.12 acre parcel
meeting the minimum lot size for the zoning district. .However the proposed lot division would
transfer approximately 125' of frontage to the adjacent parcel leaving only 245' of frontage where
300' is required.
The second lot is almost 1 acre is size and would increase in lot size to 2.80 acres. The lot would
have 327' of frontage on Chippewa Lane.
Thomas and Kathleen Mccaffrey
Fred and Joyce Shemanek
4265 and 4355 Chippewa Lane
Subdivision of a Lot Line Rearrangement
May 15, 2000
page-I
Total Area
Lot Area: (Existing)
ANALYSIS
7.92 acres
4265 Chippewa Lane
4355 Chippewa Lane
Lot Area: (Proposed) 4265 Chippewa Lane
4355 Chippewa Lane
Required Minimum Lot Size
Area, Lot Width and Yard Requirements
Lot Area 5 acres
Lot Width 300 feet
Front Yard 100 feet
Side Yard 50 feet
Rear Yard 100 feet
Access:
1.00 acre
6.92 acres
2.80 acres
5.12 acres
5.00 acres
Access to the properties would not change as a result of the proposed lot line rearrangement. Each
lot would front on Chippewa Lane.
Septic Sites:
Applicants have completed septic testing for the properties that has been reviewed by Staff and
preliminarily approved. The proposed 4265 parcel has identified septic sites to be located to the west
of the house. The sites are located within the area to be transferred to the adjacent property.
Additional testing was not completed on the property to identify additional sites on the lots. At issue
is the identified sites do not allow the 4355 parcel to maintain at a 300' width.
Sites have been identified near the east property line for the 4355 lot.
Surrounding Properties:
All property located around this site is in the RR-IA zoning district (Please refer to the attached
zoning map Exhibit E.) The draft version of the updated Comprehensive Plan has guided the future
land use of this site and all adjacent properties to be rural residential and rural service.
Thomas and Kathleen McCaffrey
Fred and Joyce Shemanek
4265 and 4355 Chippewa Lane
Subdivision of a Lot Line Rearrangement
May 15, 2000
page-2
All lots located on the north side of Chippewa Lane are between 1 and 2 acres and only 1 of the 7
lots has frontage of 300'.
Lot Width Variance:
Because the larger lot would result in less than 300' of frontage along Chippewa Lane a variance is
required for lot width. The property is a legal conforming lot for lot area and lot width prior to
subdivision. The only lot on the south side of the Chippewa Lane that is non-conforming is the 4265
lot.
Primary Issues for Discussion:
1. Orono has approved lot line rearrangements in the past. In most cases when lots did not meet
the minimum lot size requirements and the subdivision was approved the properties had
existed as two residential sites in the past. The proposed lot line rearrangement does not
increase the density between the two lots. Under the existing zoning no future subdivision
is possible.
Technically, the lot would require a variance for lot width since the lot would become
substandard.
2. The lot line rearrangement results in the 4355 lot being reduced in lot width to less than 300'.
This is significant because as the lot exists it is a conforming lot (lot area and lot width).
3. The Subdivision Code does not address creating lots with walkways to access public land.
Proposed is to provide a 1 O' wide walking access to the Luce Line Trail for the 4265 lot.
Planning Commission Options for Action:
1. Approval of variances based on the Statement of Hardship.
2. Denial of variances, stating reasons.
3. Table, requesting further information and provide direction to the applicant.
4. Other Action.
Thomas and Kathleen McCa:ffrey
Fred and Joyce Shemanek
4265 and 4355 Chippewa Lane
Subdivision of a Lot Line Rearrangement
May 15, 2000
page-3
CITY OF ORONO -SUBDIVISION APPLICATION
Application # 2 !;' g ~
Date Received ~;//~loo
Amount Paid $ '2, S:O ...
A
PROPERTY LOCATION / /1
Siteaddress £::Z6.5 ~ -'(35-5" C./2',(,4f'f ~.4-lrt-'Ve . St16c./4'i//Sl'c> N <?f-
Property Identification Number (PID) ✓ ¥ 3 :5:5-------,---------------'-Please check one -Property f]5.',abstract m-~t,,fiorrens?
Attach legal description to application . . ,
OWNER (if different than applicant) -./
Name . C7( &~ ;._}✓7 ~ S/t (?;?? f?
Address 1{.? S:,£ Q / /.f',?e ;,.-i,f :4 L -9 ~ e..
City 4/r1 p/e /'/& :0' ./477 ,:-1/ ,,
Phone (home) //72· ,,1./5'7
Zi-e_ Phone (work) ___ _
,j§3S-y ( attach list if more than one)
EXISTING LAND USE
Number of Tax Parcels
Development Size
Present use ( check)
Present Zoning District
PROPOSAL
Acres Dry Land
Acres Wet Land
Acres Total, all parcels
Residential; no. of units ----Other (specify) ___ _
Division for Tax Purposes
V Lot Line Rearrangement Only (no new building sites)
Subdivision for New Building Sites
Number of Building Sites <?S., Existing Units
New Units
Proposed Gross Density
Minimum Lot Size
Proposed Use (check)
----c<, Total Units
____ Units per __ Acres
____ Sq. Ft. Dry Buildable Land
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CITY of ORONO
Municipal Offices
Street Address: Mailing Address:
P.O. Box 66 2750 Kelley Parkway
Orono, MN 55356 Crystal Bay, MN 55323-0066
Tom Wolff
12903 18 th Ave. S.
Burnsville, MN 55337
Re: Lot line rearrangement at 4355/4265 Chippewa Lane (Shemanek & neighbor)
· Dear Mr. Wolff:
Enclosed please find a subdivision procedure packet for use in making the appropriate application
for approval of the lot line rearrangement as we discussed. This application, in which the 4355
parcel remains conforming (5 acres, 300' width) and the 4265 parcel remains substandard as to width
and area but gains in lot area, will be reviewed as a metes and bounds subdivision and will not
require a plat.
The application will require submittal of the application form, the required $350.00 fee and certified
property owners list, plus a survey showing existing and proposed boundaries and indicating existing
and proposed legal descriptions. The survey must show existing improvements, buildings, etc. to
confirm that all setbacks will still be met. It will also be important to confirm that a secondary
drainfield site will still be available for the home at 4355 within its remaining 5 acres.
This type of application typically requires one appearance before the Planning Commission (public
hearing) and one appearance before the City Council. The next deadline for applications is
Wednesday April 19 for the May 15 Planning Commission meeting. Final Council action would
likely be scheduled for June 12.
Please feel free to contact me or Planner/Zoning Administrator Paul Weinberger at 612-249-4600
if you have any questions .
. . ~nc,~~ely, ,;" ;__,,( .. ///'
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Michael P. Gaffron
Senior Planning Coordinator
encl.
cc: Paul Weinberger
Telephone (612) 249-4600 • Fax (612) 249-4616
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EXISTING SHEMANEK PROPERTY
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 West 200.00 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 5th Principal Meridian.
EXISTING MCCAFFREY PROPERTY
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.
PROPOSED PARCEL A (REMAINING SHEMANEK PROPERTY)
That part of the South Half of the Northwest Quarter of the Southeast Quarter of
Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian 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 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.
PROPOSED PARCEL B (TO BE ADDED TO MCCAFFREY PAF~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 Quarter of Section 31, Township 118 North, Range
23 West of the 5th Principal Meridian, which lies south of the N.:>rth 368.00 feet thereof,
and north of the Luce Line Trail right-of-way;
ALSO
The South 151.00 feet of the North 368.00 feet of the West 314.50 feet of the East
324.50 feet of tl1e West three-fourths of the South Half of the Northwest Quarter of the
Southeast Quarter of said Section 31;
ALSO
The North 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 Section 31,
Township 118 North, Range 23 West of the 5th Principal Meridian which lies west of
the East 530.00 feet of said South Half of the Northwest Quarter of the Southeast
Quarter
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RUN DATE 04/04/00
BATCH 550
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
"h,,J:~ ,..
38 31-118-23 43 0015
00038 ADDRESS UNASSIGNED ✓
W F & E KNAPP
WILLIAH F & EVELYN KNAPP
85 CRISTOFORI CIR
HAPLE PLAIN HN 55359
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HENNEPIN COUNTY·PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 31-118-23 44 0001
00038 ADDRESS UNASSIGNED
STATE OF MINN
STATE OF MINN (DNR>
(LUCE LINE TRAIL)
, TOTAL BATCH
REPORT NO. PI435401
PAGE -30
550 00020
4;7~S
tj35S-
(! hi ;;::e0a La /)e.,,
350~· /4-f ~/}/
3/-//f-~3-1~-6cX)~ -oolh
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF HY KNOWLEDGE AND BELIEF. ;
. DATE /=-':'J~(')cJ BvfE1ct s;i ctd A/:/ -------------z-~{>
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RUN DATE 04/04/00
BATCH 550
PROP ADDR
OWNER NAHE
TAXPAYER
NAtfE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAtfE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
38 31-118-23 41 0013
04145 WATERTOWN RD ,/
HR & HE PLANK
HICHAEL R & HARV E PLANK
327 NORTH CARRINGTON
BUFFALO NV 82834
38 31-118-23 42 000&
00038 ADDRESS UNASSIGNED
STATE OF HINH
STATE OF HINH (DNRJ
(LUCE LINE TRAIL>
38 31-118-23 42 0011
04305 CHIPPEWA LA
J L CORNICK & D L CORNIC~,✓
JANES & DEBRA CORNICK
4305 CHIPPEWA LA
HAPLE PLAIN HN 55359
h_ 31-118-23 42~014 ~ 0032°'--. TURNUAtrRD .... -/
J L & R Y1ELINSKY J~V,'
J L P LINSKY JR ..__)
3 URNHAH
.APLE PLAIN H 55359
38 31-118-23 42 0017
04385 CHIPPEWA LA
J H FRITZLER ET AL
J HARC FRITZLER t,/
DESVL L PETERSON
4385 CHIPPEWA LA
HAPLE PLAIN HN 55359
38 31-118-23 43 0002
00038 ADDRESS UNASSIGNED
STATE OF HINN
STATE OF HINN (DHRJ
(LUCE LINE TRAIL)
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEH
PROPERTY OWNERS LIST
38 31-118-23 42 0001
04245 CHIPPEWA LA
ROBERT LEWIS SORENSEN
JD & G H GRANGAARD ,;I
8509 CARDIFF LA
EDEN PRAIRIE HN 55344
.38 31-118-23 42 0009
04325 CHIPPEWA LA
DANIEL P & REBECCA J SCHULTZ ✓
DANIEL & REBECCA SCHULTZ
4325 CHIPPEWA LA
HAPLE PLAIN HN 55359
38 31-118-23 42 0012
04220 CHIPPEWA LA ✓
PANELA GAIL ANDERSON
PANELA G ANDERSON
4220 CHIPPEWA LANE
HAPLE PLAINS HN 55359
38 31-118-23 42 0015
043&0 CHIPPEWA LA ✓
LE HARTINEAU/J H MARTINEAU
LARRY E & JEAN H MARTINEAU
43&0 CHIPPEWA LA
HAPLE PLAIN HN 55359
38 31-118-23 42 0018
00320 TURNHAM RD
J L & RP ZELINSKY JR
J L & RP ZELINSKY JR
320 TURNHAM RD
HAPLE PLAIN HN 55359
38 31-118-23 43 0011
00145 TURNHAM RD
BEAL SAVINGS BANC
DAVID A DETERS V
145 TURNHAM RD
HAPLE PLAIN HN 55359
REPORT NO. PI435401
PAGE 29
38 31-118-23 42 0002
042&5 CHIPPEWA LA ✓
T J & KL MCCAFFREY
THOHAS J HCCAFFREV
42&5 CHIPPEWA LA
MAPLE PLAIN HN 55359
38 31-118-23 42 0010
04315 CHIPPEWA LA
GREGORY HALLDIN ET..AL
GREGORY HALLDIN ./'
4315 CHIPPEWA LANE
HAPLE PLAIN HN 55359
~-31-118-23 4Yli013
0032a, TURNHAfiRD.
J L & Jt,r,ZELINSKY JR
J L & R,,f''ZELINSKY JR
320 JYRNHAH RD
vs . ~ ~ ~ /'3 HAPLt PLAIN HN~55359
----yYIP'I • r, f).3-1-J--C:D
38 31-118-23 42 001& -2. ,_ , 1 ~-
04355 CHIPPEWA LA ~ .:;J .. j_~
FE JR & J E SHEHANEK V ~
FRE_DERICK E SHEHANEK JR ( dJ'1 fa
RT 2 BOX l&
HAPLE PLAIN HN 55359
38 31-118-23 43 0001
00038 ADDRESS UNASSIGNED
STATE OF HINN
STATE OF HINH (DNRJ
(LUCE LINE TRAIL>
38 31-118-23 43 0014
001&5 CRISTOFORI CIR
JR & J K LESSER y'
JOHN LESSER
165 CRISTOFORI CIR
HAPLE PLAIN HN 55359 "' ~:c
N
ORONO PLANNING COMMISSION
Mond ay, May 15, 2000
(#2579 James Kemna, Continued)
to see a plan that brings the project closer into compliance with the front and side yard setbacks.
Stoddard stated he is in agreement with Lindquist and that the addition needs to comply with City
Code as much as possible.
Weinberger stated the Applicant would need to meet the 15 foot side yard setback for the garage
since the proposed garage is over 750 feet. If the garage is under 750 feet , the Applicant would
need to meet a 10 foot setback.
Nygard commented he does have a problem with granting the variance since the hardship is
supposed to be created by the land.
Kemna commented he has a limited amount of land available to work with between the house and
the garage .
Berg commented she understands the Applicant 's dilemma and the difficulty of trying to construct
the addition at the rear of the house.
Smith pointed out the Appl icant will need to consider the possibility that Willow may eventually be
widened or have shoulders added, which would lessen the setback from the road to the residence
even further .
Smith stated the Applicant has the option of having the Planning Commission table this application
to allow the Applicant to revise his plans , or vote on the application . Smith noted due to the
comments by the Planning Commission members , it appears the application will be denied.
Weinberger noted the time limit on this application will not expire prior to the next Planning
Commission meeting . We inberger stated the Applicant will need to submit a letter requesting the 60
day time limit be waived in the event he needs more time to develop new plans .
Kemna indicated he would like his application to be tabled.
Lindquist moved, Smith seconded, to table Application #2579, James and Candace Kemna,
1110 Willow Drive South, to allow the Applicant time to revise his plans.
VOTE: Ayes 5, Nays 0.
Smith recommended the Applicant work with City Staff on these issues .
SCHEDULED PUBLIC HEARINGS
(#2) #2585 THOMAS AND KATHLEEN McCAFFREY, 4265/4355 CHIPPEWA LANE,
SUBDIVISION OF A LOT LINE REARRANGEMENT, 7:10 p .m. -7:28 p.m .
Thomas and Kathleen Mccaffrey, Applicants , were present.
Joyce Shemanek , Neighbor, was present.
The Certificate of Ma iling and Affidavit of Publication were noted .
Weinberger stated the Applicants are proposing to rearrange a common lot line to transfer 1.80
Page 6
ORONO PLANNING COMMISSION
Monday, May 15, 2000
(#2579 James Kemna, Continued)
residence significantly closer to the street than the residences surrounding it.
Weinberger stated the proposed addition would not exceed what is allowed for structural coverage
and meets the hardcover requirements since the property is located within the shoreland setback
area.
The Applicant has indicated a hardship due to the growing demands of his family and the need for
additional living space as well as the proposed location of the addition being the most logical place
for the addition.
City Staff is recommending denial of the variances to permit additional structure ahead of the
existing setback due to the encroachment into the front yard setback and enhancement of a
non-conforming building.
Kemna stated he is proposing to construct the addition onto the existing residence in order to allow
room for a dining area, which his present residence does not have. Kemna stated his daughter is
visually impaired and is in need of a lab setup at home, and due to the small size of the bedrooms,
they need to add additional living space to the residence. Kemna indicated he has spoken with
his neighbors regarding this project, who are not opposed to the addition.
Kemna stated they are proposing the addition in this location to avoid the necessity of rearranging
their entire floor plan by going out the back of the house. Kemna stated he would like to expand his
garage in an effort to avoid the need for a storage shed.
Smith commented the Planning Commission would like the Applicant to be able to address his
needs, but noted the Applicant will need to address City Staff's concerns.
Kemna stated he could reduce the size of the addition to 18 feet in an effort to reduce the
encroachment. Kemna indicated he has not had any plans prepared due to the costs involved.
Kemna stated his residence is located at the end of the road with a number of trees. Kemna noted
his property was originally constructed in 1932.
Smith recommended the Applicant consider constructing an addition from the rear of the home.
There were no public comments.
Lindquist indicated he is in agreement with Staff's recommendations, particularly in regards to the
house.
Kemna inquired whether the Planning Commission would be willing to compromise on the size of
the structure.
Lindquist stated in his view any addition to the house would need to be constructed at the rear of the
house in order to preserve the uniformity of the neighborhood and to avoid having a residence
located significantly closer to the road than the surrounding residences. Lindquist suggested the
Applicant discuss Staff's recommendations with his builder.
Kemna indicated if is he required to construct the addition to the rear of his house, he would be
forced to change his entire floor plan.
Smith suggested the Applicant bring the garage into conformance. Smith indicated she would like
Page 5
ORONO PLANNING COMMISSION
Monday, May 15, 2000
Joyce Shemanek, Neighbor, was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger stated the Applicants are proposing to rearrange a common lot line to transfer 1.80
(#2585 Thomas Mccaffrey, Continued)
acres from the property located at 4355 Chippewa Lane to 4265 Chippewa Lane. The existing
4355 parcel is a legal conforming lot consisting of 6.92 acres and having a lot width of 370 feet.
The transfer of 1.8 acres will result in a 5.12 acre parcel meeting the minimum lot size for the
zoning district. The proposed lot division would transfer approximately 125 feet of frontage to the
adjacent parcel, leaving only 245 feet of frontage where 300 feet is required. The second lot is
almost one acre in size, with the transfer increasing the lot size to 2.80 acres. The lot would have
327 feet of frontage on Chippewa Lane.
Weinberger stated with the lot line rearrangement, the buildings would now meet the setback
requirements for the zoning district but would continue to be below the minimum lot size for this
zoning district.
Weinberger stated the lot line rearrangement is being proposed in this location due to the location
of some septic sites on the 4265 parcel west of the house. The sites are located within the area to
be transferred to the adjacent property. Additional testing was not completed on the property to
identify additional sites on the lots. It is possible the septic sites could be relocated to another site
on the property. The second parcel also has two septic sites available near the east property line
for the 4355 lot.
Weinberger noted the proposed lot line rearrangement does not increase the density between the
two lots. Under the existing zoning, no future subdivision is possible. The lot would require a
variance for lot width since the lot would become substandard. The lot line rearrangement would
result in the 4355 lot being reduced in lot width to less than 300 feet and make it nonconforming.
Weinberger noted some of the other lots in this area do not meet the 300 foot frontage requirement.
The Applicants are also proposing to create a ten foot wide walking access to the Luce Line
Trail for the 4265 lot. City Code does not address creating lots with walkways to access public
land. Weinberger noted they have not heard any opposition to this walkway from the DNR.
McCaffrey stated they are attempting with this lot line rearrangement to bring the lots more into
compliance with the five acre zoning concept. McCaffrey stated they were only informed of the
300 foot frontage last week, which came as a surprise. McCaffrey stated out of the seven lots on
Chippewa Lane, only one complies with the required frontage and one with the required acreage for
this zoning district. McCaffrey stated he is unsure what the intent of the frontage requirement is.
McCaffrey noted they have spent a considerable amount of money on surveys, title searches, and
septic testing on this lot line rearrangement.
Smith inquired why the Applicants are proposing to do this lot line rearrangement.
Mccaffrey stated they want to preserve their natural aesthetics. McCaffrey stated the Shemaneks
are planning to retire and sell their property in the near future, which would allow for expansion of
their lot as well as legal access down to the Luce Line. McCaffrey stated they also need to acquire
some additional land to the west in order to accommodate a mound septic system in the future.
Page7
ORONO PLANNING CO~llSSION
Monday,MaylS,2000
(#2585 Thomas McCaffrey, Continued)
Joyce Shemanek encouraged the Planning Commission to approve this lot line rearrangement,
noting they are doing something which will help their neighbor.
There were no further public comments regarding this application.
Lindquist commented that the City will still end up with two non-conforming lots regardless of how
the lot is rearranged.
Smith inquired whether this would become a flag lot in the future.
Weinberger stated based on the existing five acre minimum lot size requirement for subdividing in
the RR-1A District, the updated Comprehensive Plan is not proposing any changes to the density
in this area.
Stoddard noted the Planning Commission has approved a walkway path down to the Luce Line in
the past.
Weinberger stated the DNR usually has concerns when people propose to remove trees down by
the Luce Line in order to construct a walking path and gain access to the trail. Weinberger stated
that should not be an issue in this case.
Smith commented that the City should be advising Applicants that are proposing to construct a
walkway to the Luce Line that they are not entitled to remove any trees or vegetation within the
DNR's easement.
Weinberger stated the Applicant has been informed of the DNR owned property in this area.
Stoddard moved, Nygard seconded, to recommend approval of Application #2585,
Thomas and Kathleen Mccaffrey and Fred and Joyce Shemanek, 4265 and 4355 Chippewa
Lane, for a subdivision lot line rearrangement. VOTE: Ayes 5, Nays 0.
(#3) #2587 RICHARD R. RUDD, 4575 WAVZATA BOULEVARD, SUBDIVISION FOR PLATTING
A PUBLIC ROAD ADJACENT TO A PROPOSED SIX LOT PLAT LOCATED IN CITY OF MEDINA,
7:29 p.m. -7:48 p.m.
Kris Rudd, Applicant, was present.
Weinberger stated the Applicant is proposing to plat a segment of a road that is intended to be
a public road over a lot located at 4575 Wayzata Boulevard West. The total length of the road
located in Orono would be approximately 450 feet, ending in a cul-de-sac at the east end of the
property. Weinberger noted this lot is adjacent to the City of Medina.
Weinberger stated the entire concept for this development involves having access off of Town Line
Road, which is located in the western most part of Orono, with a double road entering the
development, going through the Rudd property, and ending in a cul-de-sac. Issues relating to
access have been raised in the past relating to properties located to the east of the proposed road.
Pages
TO:
FROM:
DATE:
RE:
Zoning:
Chair Hawn and Orono Planning Commissioners
Ron Moorse, City Administrator
Paul Weinberger, Zoning Administrator/Planner
May 10, 2000
Thomas and Kathleen McCaffrey
Fred and Joyce Shemanek
4265 and 4355 Chippewa Lane
Subdivision of a Lot Line Rearrangement
RR-lA, One Family Rural Residential, 5 Acre Minimum lot size
Application: To rearrange a common lot line to transfer 1.80 acres from property located at 4355
Chippewa Lane to 4265 Chippewa Lane.
List of Exhibits:
A Application
B Plat Map
C Property Survey/Site Plan
D Letter from Mike Gaffron (Dated 3/27 /00)
E Zoning Map
F Legal Descriptions
G Site Topography
H Property Owners List
Application Summary: The applicants have proposed to transfer a portion of 4355 Chippewa
Lane to 4265 Chippewa Lane. The existing 4355 parcel is a legal conforming lot consisting of6.92
acres and having a lot width of 370'. The transfer of 1.8 acres will result in a 5.12 acre parcel
meeting the minimum lot size for the zoning district. However the proposed lot division would
transfer approximately 125' of frontage to the adjacent parcel leaving only 245' of frontage where
3 00' is required.
The second lot is almost 1 acre is size and would increase in lot size to 2.80 acres. The lot would
have 327' of frontage on Chippewa Lane.
Thomas and Kathleen McCaffrey
Fred and Joyce Shemanek
4265 and 4355 Chippewa Lane
Subdivision of a Lot Line Rearrangement
May 15, 2000
page-I
Total Area
Lot Area: (Existing)
ANALYSIS
7.92 acres
4265 Chippewa Lane
4355 Chippewa Lane
Lot Area: (Proposed) 4265 Chippewa Lane
4355 Chippewa Lane
Required Minimum Lot Size
Area, Lot Width and Yard Requirements
Lot Area 5 acres
Lot Width 300 feet
Front Yard 100 feet
Side Yard 50 feet
Rear Yard 100 feet
Access:
1.00 acre
6.92 acres
2.80 acres
5.12 acres
5.00 acres
Access to the properties would not change as a result of the proposed lot line rearrangement. Each
lot would front on Chippewa Lane.
Septic Sites:
Applicants have completed septic testing for the properties that has been reviewed by Staff and
preliminarily approved. The proposed 4265 parcel has identified septic sites to be located to the west
of the house. The sites are located within the area to be transferred to the adjacent property.
Additional testing was not completed on the property to identify additional sites. on the lots. At issue
is the identified sites do not allow the 4355 parcel to maintain at a 300' width.
Sites have been identified near the east property line for the 4355 lot.
Surrounding Properties:
All property located around this site is in the RR-lA zoning district (Please refer to the attached
zoning map Exhibit E.) The draft version of the updated Comprehensive Plan has guided the future
land use of this site and all adjacent properties to be rural residential and rural service.
Thomas and Kathleen McCaffrey
Fred and Joyce Shemanek
4265 and 4355 Chippewa Lane
Subdivision of a Lot Line Rearrangement
May 15, 2000
page-2
All lots located on the north side of Chippewa Lane are between 1 and 2 acres and only 1 of the 7
lots has frontage of 300'.
Lot Width Variance:
Because the larger lot would result in less than 300' of frontage along Chippewa Lane a variance is
required for lot width. The property is a legal conforming lot for lot area and lot width prior to
subdivision. The only lot on the south side of the Chippewa Lane that is non-conforming is the 4265
lot.
Primary Issues for Discussion:
1. Orono has approved lot line rearrangements in the past. In most cases when lots did not meet
the minimum lot size requirements and the subdivision was approved the properties had
existed as two residential sites in the past. The proposed lot line rearrangement does not
increase the density between the two lots. Under the existing zoning no future subdivision
is possible.
Technically, the lot would require a variance for lot width since the lot would become
substandard.
2. The lot line rearrangement results in the 4355 lot being reduced in lot width to less than 300'.
This is significant because as the lot exists it is a conforming lot (lot area and lot width).
3. The Subdivision Code does not address creating lots with walkways to access public land.
Proposed is to provide a 1 O' wide walking access to the Luce Line Trail for the 4265 lot.
Planning Commission Options for Action:
1. Approval of variances based on the Statement of Hardship.
2. Denial of variances, stating reasons.
3. Table, requesting further information and provide direction to the applicant.
4. Other Action.
Thomas and Kathleen McCaffrey
Fred and Joyce Shemanek
4265 and 4355 Chippewa Lane
Subdivision of a Lot Line Rearrangement
May/5, 2000
page-3
CITY OF ORONO -SUBDMSION APPLICATION
Application # 2 q g ~
Date Received '-// f ~loo
Amount Paid $ '2, S:O
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PROPERTY LOCATION / //
Siteaddress .t/.265"' (i' .e/35"!:" C/4(.4f?fH.l.4 lt1.,ve St16d~1//$/o N c:>f-
Property Identification Number (PID) ___ "' ---·-----------~¥ 3 :05-
Please check one -Property f./5.',abstract ffl:',&.s1.£torrens?
Attach legal description to application . . •
EXISTING LAND USE
Number of Tax Parcels
Development Size
Present use ( check)
Acres Dry Land
Acres Wet Land
Acres Total, all parcels
Residential; no. of units ----Other (specify) ___ _
Present Zoning District
PROPOSAL
Division for Tax Purposes
V Lot Line Rearrangement Only (no new building sites)
Subdivision for New Building Sites
Number of Building Sites ~ Existing Units
New Units
Proposed Gross Density
Minimum Lot Size
Proposed Use (check)
----?<, Total Units
____ Units per __ Acres
____ Sq. Ft. Dry Buildable Land
Residential ----
----Other (specify) ___ _
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CITY of ORONO
Municipal Offices
Street Address: Mailing Address:
2750 Kelley Parkway
Orono, MN 55356
P.O. Box 66
Crystal Bay, MN 55323-0066
Tom Wolff
12903 18 th Ave. S.
Burnsville, :MN 55337
Re: Lot line rearrangement at 4355/4265 Chippewa Lane (Shemanek & neighbor)
-Dear Mr. Wolff:
Enclosed please find a subdivision procedure packet for use in making the appropriate application
for approval of the lot line rearrangement as we discussed. This application, in which the 4355
parcel remains conforming (5 acres, 300' width) and the 4265 parcel remains substandard as to width
and area but gains in lot area, will be reviewed as a metes and bounds subdivision and will not
require a plat.
The application will require submittal of the application form, the required $350.00 fee and certified
property owners list, plus a survey showing existing and proposed boundaries and indicating existing
and proposed legal descriptions. The survey must show existing improvements, buildings, etc. to
confirm that all setbacks will still be met. It v.ill also be important to confirm that a secondary
drainfield site will still be available for the home at 4355 within its remaining 5 acres.
This type of application typically requires one appearance before the Planning Commission (public
hearing') and one appearance before the City Council. The next deadline for applications is
Wednesday April 19 for the May 15 Planning Commission meeting. Final Council action would
likely be scheduled for June 12.
Please feel free to contact me or Planner/Zoning Administrator Paul Weinberger at 612-249-4600
if you have any questions.
, -~nc_~~ely, ;~ ;_.,,(, ///
d~"':. ;/ -✓ :Vc~
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Michael P. Gaffron
Senior Planning Coordinator
encl.
cc: Paul \Veinberger
Telephone (612) 249-4600 • Fax (612) 249-4616
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EXISTING SHEMANEK PROPERTY
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 West 200.00 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 5th Principal Meridian.
EXISTING MCCAFFREY PROPERTY
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.
PROPOSED PARCEL A (REMAINING SHEMAN EK PROPERTY)
That part of the South Half of the Northwest Quarter. of the Southeast Quarter of
Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian 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 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.
PROPOSED PARCEL B (TO BE ADDED TO MCCAFFREY PARCEL)
The East 10.00 feet of that part of the West three fourths of the South Half of the
Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range
23 West of the 5th Principal Meridian, which lies south of the N0rth 368.00 feet thereof,
and north of the Luce Line Trail right-of-way;
ALSO
The South 151.00 feet of the North 368.00 feet of the West 314.50 feet of the East
324.50 feet of tl1e West three-fourths of the South Half of the Northwest Quarter of the
Southeast Quarter of said Section 31;
ALSO
The North 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 Section 31,
Township 118 North, Range 23 West of the 5th Principal Meridian which lies west of
the East 530.00 feet of said South Half of the Northwest Quarter of the Southeast
Quarter
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RUH DATE 04/04/00
BATCH 550
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
38 31-118-23 43 0015
00038 ADDRESS UNASSIGNED ✓
W F & E KNAPP
HILLIAH F & EVELYN KNAPP
85 CRISTOFORI CIR
MAPLE PLAIN HN 55359
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HENNEPIN COUNTY·PROPERTY INFORMATION SYSTEH
PROPERTY OWNERS LIST
38 31-118-23 44 0001
00038 ADDRESS UNASSIGNED
STATE OF MINN
STATE OF MINN (DNRJ
(LUCE LINE TRAIL)
~ lOTAL BATCH
REPORT NO, PI43540l
PAGE -30
550 00020
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I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWLEDGE AND BELIEF. ;
. DATE f-:-5:('e,1 nvl£.1c t. s;, a Ill A,//' . ___. ....... ______ -.z .... t,)
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RUN DATE 04/04/00
BATCH 550
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER HAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAl1li/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR.
PROP ADDR
OWNER NAHE
TAXPAYER
HAHE/ADDR
38 31-118-23 41 0013
04145 WATERTOWN RD ✓
HR & HE PLANK
HICHAEL R & HARV E PLANK
327 NORTH CARRINGTON
BUFFALO NY 82034
38 31-118-23 42 0006
00038 ADDRESS UNASSIGNED
STATE OF HINH
STATE OF HINH (DNRJ
(LUCE LINE TRAIL)
38 31-118-23 42 0011
04305 CHIPPEWA LA
J L CORNICK & D L CORNIC~,✓
JAMES & DEBRA CORNICK
4305 CHIPPEWA LA
MAPLE PLAIN HN 5535'J
)8---.,_ 31-118-23 42~014 -~
00320-.... TURNHAtr'RD ..._" /
J L & R~dfLINSKV J~V _,
fil"RP'l_ELINSKV JR ..__)
3 URNHAH
APLE PLAIN tiM"-., 55359
38 31-118-23 42 0017
04385 CHIPPEWA LA
J ti FRITZLER ET Al
J HARC FRITZLER I/
DESVL L PETERSON
4385 CHIPPEWA LA
MAPLE PLAIN HN 5535'J
38 31-118-23 43 0002
00038 ADDRESS UNASSIGNED
STATE OF l1INN
STATE OF l1INN (DNR)
(LUCE LINE TRAIL)
HENNEPIN COUNTY PROPERTY INFORMATION SVSTEH
PROPERTY OWNERS LIST
38 31-118-23 42 0001
D4245 CHIPPEWA LA
ROBERT LEWIS SORENSEN
J D & G H GRANGAARD v/
8509 CARDIFF LA
EDEN PRAIRIE HN 55344
.38 31-118-23 42 0009
04325 CHIPPEWA LA
DANIEL P & REBECCA J SCHULTZ ✓
DANIEL & REBECCA SCHULTZ
4325 CHIPPEWA LA
MAPLE PLAIN MN 55359
38 31-118-23 42 0012
04220 CHIPPEWA LA ✓
PAMELA GAIL ANDERSON
PAMELA G ANDERSON
4220 CHIPPEWA LANE
MAPLE PLAINS MN 55359
38 31-118-23 42 0015
04360 CHIPPEWA LA ✓
LE MARTIHEAU/J 11 MARTINEAU
LARRY E & JEAN H MARTINEAU
4360 CHIPPEWA LA
MAPLE PLAIN MN 55359
38 31-118-23 42 0018
00320 TURNHAM RD
J L & RP ZELINSKY JR
J L & RP ZELINSKY JR
320 TURNHAM RD
MAPLE PLAIN MN 55359
38 31-118-23 43 0011
00145 TURNHAM RD
BEAL SAVINGS BANC
DAVID A DETERS V
145 TURNHAH RD
MAPLE PLAIN MN 55359
REPORT NO. PI43540l
PAGE 2'J
38 31-118-23 42 0002
04265 CHIPPEWA LA ✓
T J & KL HCCAFFREV
THOHAS J MCCAFFREY
4265 CHIPPEWA LA
MAPLE PLAIN MN 55359
38 31-118-23 42 0010
04315 CHIPPEWA LA
GREGORY HALLDIN ET..Al
GREGORY HALLDIN ✓
4315 CHIPPEWA LANE
MAPLE PLAIN MN 55359
~"31-118-23 4~013
00320., TURNHAfl RD.
J L & k,p,ZELINSKV JR
J L & R,,r'ZELINSKY JR
320 JURNIIAH RQ
vs __ y,L--b
f!AY~k i MAPL1 PLAIN HN~55359
~I• £1 :).3-'t~-(;D'
38 31-118-23 42 .0016 '2. /-, 1 S'~
04355 CHIPPEWA LA . ~ .:,J , J...~
FE JR & J E SHEl1AHEK V ~
FRE_DERICK E SIIEMANEK JR ( t»1 fa
RT 2 BO)( 16
MAPLE PLAIN 11N 55359
38 31-118-23 43 0001
00038 ADDRESS UNASSIGNED
STATE OF HINH
STATE OF HINH (DHRJ
(LUCE LINE TRAIL)
38 31-118-23 43 0014
00165 CRISTOFORI CIR
JR & J K LESSER .,...
JOHN LESSER
165 CRISTOFORI CIR
MAPLE PLAIN HN 55359 I'-'
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•.
21-APR-2000 13:03 Gold-Fax Hessage Page 1/6
@. Chicago Tide
11
Fax Transmittal Sheet
DATE: 21-APR-2000 TIME: 13:03
NUMBER OF PAGES: 6 (Including this cover sheet)
FROM: PC
VOICE PHONE #: 612-826-3064
COMPANY: Chicago Title Insurance Company
ADDRESS: 9855 West 78th Street
Eden Prairie., MN 55344
FAX: (612)826-3060
TO:
COMPANY: BRUCE BOEDER For Your Information
NUMBER DIALED: 4750301
Subject
COMMT. & INVOICE FOR 26-22372
The materials enclosed with this facsimile transmission are private and confidential and are
th!! property of th!! St!ndt!r. Th!! information conlaint!d in th!! matt!rial is privi)t!gt!d and is
in1ended only for the use of the individual(s)-or entity(ies) named above. If you are not the
intended recipien1. be advised that any unauthorized disclosure. copying , distribution or the
laking of any aclion in rdiant.:t! on the conte:,nls of this information is strictly prohibited .
If you have received this facsimile 1ransmissior1 in error , please noiify us immediately by
lelephone so that we ca11 arrange for return of lhe forwarded documents . Thank You!
11
21-APR-2000 13:03
File Number: 2622372
RE: Thomas McCaffery
Gold-Fax Message
CHICAGO TITLE INSURANCE COMP ANY
SCHEDULE A
Effective Date April 5, 2000
Page 2/6
at 7:00AM
1. Ow11er's Policy to be issued: OWNER POLICY Amount $50,000.00
Proposed Insured:
Thomas McCaffery
Loan Policy to be issued: Amount
Proposed Insured:
2. The estate or interest in the land desc1ibed or refened to in this Conurutrnent and covered
herein is a fee simple and title thereto is at the effective date hereto vested in:
Frederick E. Shemanek, Jr. and Joyce E. Shemanek, husband and wife as joint tenants
3. The land ref erred to in the Commitment is described as follows:
The east 10.00 feet of that part of the west three fourths of the south half of the northwest
quarter of the southeast quarter of Section 31, Township 118 North, Range 23 West of the 5th
Principal Meridian, which lies south of the north 368.00 feet thereof, and north of the Luce
Line Trail right-of-way;
ALSO
The south 151.00 feet of the 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 quarter of
said Section 31;
ALSO
The north 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 Section 31, Township 118 North,
Range 23 West of the 5th Principal Meridian which lies west of the east 530.00 feet of the south
half of the northwest quarter of the southeast quarter, Hennepin County, Minnesota
Abstract.
Note: If there are any questions concerning the content of this commitment, please contact our
customer support area at (612)826-3086.
* * * To schedule a closing please contact one of the following * * *
*** Coon Rapids {612)427-6831 *** Edina (612)826-3052 ***
*** Plymouth (612)476-8786 *** Woodbury (651)735-7957 ***
COMA 3/98
21-APR-2000 13:03
File Number: 2622372
Gold-Fax Message
CHICAGO TITLE INSURANCE COMP ANY
SCHEDULEB
GENERAL EXCEPTIONS
Page 3/6
Upon payment of the full consideration to, or for the account of, the grantors or mo11gagors,
and recording of the deeds and/ or mortgages, the form and executfon of which is satisfactory
to the Company, the policy or policies will be issued containing exceptions in Schedule B
thereof to the following matters (unless the same are disposed of to the satisfaction of the
Company):
1. If an owner's policy is to be issued, the mo1tgage encumbrance, if any, created as part
of the purchase transaction.
2. Defects, liens, encumbrances, adverse claims or other matters, if any created, first
appearing in the public records or attaching subsequent to the effective date hereof
but prior to the date the proposed insured acquires for value of record the estate or
interest or mo1tgage thereon covered by this commitment.
3. Rights or cJaims of parties in possession not shown by the public records.
4. Encroachments, overlaps, bounda1y line disputes, and any other matters which would
be discJosed by an accurate survey and inspection of the premises.
5. Easements or claims of easements not shown by the public records.
6. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter
furnished, imposed by la,v and not shown by public records.
7. Taxes or special assessments which are not shown as existing liens by the public
records.
8. General and special taxes and assessments as hereafter listed, if any (all amounts
sho-wn being exclusive of interest, penalties, and costs):
(A) Real estate taxes payable in 2000 are $2,422.62 and are unpaid.
Base tax $2,392.70, Homestead.
Property Identification No. 31118 23 42 0016
Note: There are no delinquent ta,,es of record.
Note: 1st half taxes payable on or before May 15th; 2nd half taxes payable on or
before October 15th.
(B)The proposed legal description is a split or subdivision of an existing property tax
parcel. Approval of the split by an appropriate municipality or township must be
obtained and evidence of the approv-dl must be submitted to Chicago Title prior to
the closing.
(C)There are no levied or pending assessments of record.
9. Property lies \\~thin lhe northwest 1 /4 of the southeast 1 /4 of Section 31, Township
118, Range 23.
COMB 3/sa
21-APR-2000 13:03 Gold-Fax Message Page 4/6
CHICAGO TITLE INSURANCE COMP ANY
SCHEDULE B -Exceptions Continued
File Number: 2622372
10. Any charges for municipal services (i.e., water, sewer, conection of nuisance conditions,
etc.) are the responsibility ofthe parties to this transaction. For information regarding the
existence of any such bills, contact the approp1iate municipal office.
11. We require that standard fmm of affidavit, or affidavits, be furnished us at closing.
12. We require Deed from Frede1ick E. Shemanek, Jr. and Joyce E. Shemanek, husband and
wife to Thomas McCaffery.
13. Mm1gage dated August 12, 1994, filed August 29, 1994 as Document No. 6332304,
executed by Frede1it:k E. Shemanek, Jr. and Joyce E. Shemanek, a/k/a Joyce A.
Shemanek, husband and ,vife to Victoria State Bank in the 01iginal p1incipal amount of
$60,000.00. Modified and Extended in Document No. 7187943 dated September 15, 1999,
filed September 28, 1999.
Obtain partial release or subordination agreement as required by the lender being
insured.
14. The C.ompany hereby excludes from coverage Judgments, Bankruptcies, Federal Tax
Liens, State Tax Liens, Probate or Guardianships against Thomas McCaffe1y now of
record or anything put of record in the future.
15. The abstract of title is in Chicago Title's file.
16. Subject to roads or highways as shown by maps of record.
17. Note: Subject premises is commonly known as Minnesota .
18. Note: Identification will be required from all parties required to sign documents at
closing.
19. Note: The following is not a part of Schedule B, and is shown for info1mation only. This
wilJ not be included on the final policy.
Please be advised that the Tax Reform Act of 1986 requires that the following information
be provided at closing:
A) Seller's Tax Identification Number or Social Security Number.
B) Seller's full address after the closing.
20. Note: As of August 1, 1997, Minnesota law requires that al1 documents being recorded be
on paper that measures no larger than 8.5 inches by 14 inches and must be typed in at
least 8-point type. The top of the first page must contain a blank space which is at least
three inches wide as measured from the top of the pa~e Additionally, t:be title of the
document must be prominently displayed at the top of the first page below the blank
space. Chicago Title Insurance Company will not be responsible for any loss, damages or
costs associated with any delays caused by a party's failure to comply wit.h this legislation.
COMBC 3/Ba
21-APR-2000 13:03 Gold-Fax Message
CHICAGO TITLE INSURANCE COMPANY
9855 West 78th Street, Suite 101, Eden Prairie, MN 55344
(612) 826-3000 Fax: (612) 826-3046
0009977 -ooo
Bruce A Boeder
Bruce A Boeder, P.A
1000 Superior Boulevard
Wayzata, Minnesota 55391
ORDER NUMBER: 2622372
ORIGINAL INVOICE: 04/21 /00
INVOICEASOF: 04/21/00
POLICY(S) APPLIED FOR:
OWNER POLICY $50,000.00
YOUR REFERENCE: THOMAS MCCAFFERY
CODE
AS
ATE
TPl
INVOICE2 10/94
DESCRIPTION AMOUNT
Assessment Searches 30.00
Abstract Title Evid./fr underlying 150.00
Title Insurance 330.00
BALANCE DUE: $510.00
NOTE: If this file is not closed at a Chicago Title office, work-done charges must
still be paid to Chicago Title.
Please send remittance to: Chicago Title Insurance Company
Attention: Accounting Department
9855 West 78th Street
Eden Prairie, MN 55344
Page 5/6
21-APR-2000 13:03 Gold-Fax Message
CHICAGO TITLE INSURANCE COMPANY
9855 West 78th Street, Suite 101, Eden Prairie, MN 55344
(612) 826-3000 Fax: {612) 826-3046
0009977 -000
Bruce A Boeder
Bruce A Boeder, PA
1000 Superior Boulevard
Wayzata, Minnesota 55391
ORDER NUMBER: 2622372
ORIGINAL INVOICE: 04/21/00
INVOICE AS OF: 04/21 /00
POLICY (S) APPLIED FOR:
OWNER POLICY $50,000.00
YOUR REFERENCE: THOMAS MCCAFFERY
CODE
AS
ATE
TPl
INVOICE2 10/94
DESCRIPTION AMOUNT
Assessment Searches 30.00
Abstract Title Evid./fr underlying 150.00
Title Insurance 330.00
BALANCE DUE: $510.00
NOTE: If this file is not closed at a Chicago Title office, work-done charges must
still be paid to Chicago Title.
Please send remittance to: Chicago Title Insurance Company
Attention: Accounting Department
9855 West 78th Street
Eden Prairie, MN 55344
Page 6/6
I •
Application # 2 ~ g ~
Date Received (..//, 't loo
Amount Paid $. ·i, S::O ....
CITY OF ORONO -SUBDIVISION APPLICATION
PROPERTY LOCATION /
Siteaddress ./.:lb.5 ~ -,13 £"5"' Ch'wei-v.4 il'l~e . Su Jd,-v/S /o N (?/
Property Identification Number (PID) -----:---,------------------'-4/ 3 ~
Please check one -Property f3 5::f'a bstract « ..(./1 £torrens?
Attach legal description to application .
. •
APPLICANT ~ / / ~,,., A//
Nrune "/,he,~ A s €'~ ~ d /4 R "LI //L <-c?r r:r r .e1,
Addres1smG5 Ch/'"j?f?ewA £,-'!&1\/e Phone (home)1S-.z "l'l~ 8"/2C,
City d;,4f?le e'/..f!N" /,JJ/11 Zip __ Phone(work)~/-Z.336 S-~.a f
g3s.:r
OWNER (if different than apP.licant) ... J
Nrune &e,t?t' tf V~v ee J/fe-,Jlff!ll'.e l:
Address £,1s-'S: d~,,:cewA· L .ttJN' e, Phone (home) ~Z2 · 6.t/5'7
City &~ele r'/&;-z ~t'v',, ZiE., Phone(work) ___ _
( attach list if more than one) 6 S3 o'?'
EXISTING LAND USE
Number of Tax Parcels
Development Size
Present use ( check)
Acres Dry Land
Acres Wet Land
Acres Total, all parcels
Residential; no. of units ----
Other (specify) ___ _
Present Zoning District
PROPOSAL
Division for Tax Purposes
V Lot Line Rearrangement Only (no new building sites)
Subdivision for New Building Sites
Number of Building Sites oZ,, Existing Units
New Units
Proposed Gross Density
Minimum Lot Size
Proposed Use (check)
----
v(. Total Units
____ Units per Acres
____ Sq. Ft. Dry Buildable Land
Residential ----
----Other (specify) ___ _
9
MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION
1. Payment offees (refer to "application fees" listed below.
2. Completed application form.
3 . Preliminary plat information on Certificate of Survey.
4. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603
Govt. Center 348-3271).
5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application.
Zoning Official's Signature__________________ Date _____________ _
MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION
1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if applicable).
2. Signed Certificate of Survey or mylar copies of formal plat.
3. Title opinion .
4 . Easements, covenants, etc.
5. Developers Agreement and Letter of Credit.
Zoning Official's Signature__________________ Date _____________ _
I. APPLICATION FEES (Zoning Administrator to check [X] those which apply)
A. Application Base Fees:
Sketch Plan Review (Class I, II & III) $250.00 =:K=: Subdivision of a Lot Line Rearrangement $350 .00
___ Subdivision Application (Class I & II) $350.00
___ Preliminary Subdivision Application $375 .00 + $25 .00/lot (Class III & all non-residential)
__ Final Plat Application (Class III) $200 .00
___ Legal Review and Filing:
___ Subdivision only $75 .00
Subdivision w/easements and covenants min . $200.00 ---
---Park Fees (to be determined per Section 11 .62)
___ Legal and Engineering Review Fees (as incurred)
___ Renewal of Class I and II Subdivision Application $200 .00 (No change from original application)
___ Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application)
Renewal of Final Class III Subdivision Application $150.00 (No change from original application)
B. Special Improvement Fees:
___ Proposed Private Roads $600.00 + $.50/lineal ft .; ___ Jin . ft . x .50 = $ __ _
___ Proposed Public Roads $900 .00 + $.50/lineal ft .; ___ !in. ft. x .50 = $ __ _
___ Request for City to Accept Existing Private Road $900.00
___ Proposed Sanitary Sewer Main Extension $250.00 + $25 /stub
___ Proposed Watermain Extension $250.00 + $25 /stub
___ Proposed Storm Sewer System (excluding culverts) $200 .00
___ On-Site System , Site Evaluation Review (applicable to rural subdivision applications)
$50.00/per lot x ___ new lots
C. Flexible Application Fees/Misc. Fees
___ Variance $220 .00 ($50.00 per each additional variance)
Easement Vacation Associated with Subdivision $100 .00
___ PRD Application with Subdivision $30.00/Dwelling Unit
Totals
The applicant hereby agrees to provide all information required or requested by the Zoning Administrator , City Engineer, City Attorney ,
Planning Commission a~d C uncil necessary to process this application and further agrees to pay all additional fees established by
ordinance . 1 (l. /J :~
Applioant'sSignatme ~J-/?l ~j Dale 1(-,!_<7 · t?O
Owner's Signature_____________________ Date=-----------------
Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting . Planning Commission meetings
are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission
and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your
place and to advise the Building & Zoning Office of this change prior to the meeting .
10
EXISTING SHEMANEK PROPERTY
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 West 200.00 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 5th Principal Meridian.
EXISTING MCCAFFREY PROPERTY
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.
PROPOSED PARCEL A (REMAINING SHEMAN EK PROPERTY)
That part of the South Half of the Northwest Quarter of the Southeast Quarter of
Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian 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 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.
PROPOSED PARCEL B (TO BE ADDED TO MCCAFFREY PAf~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 Quarter of Section 31, Township 118 North, Range
23 West of the 5th Principal Meridian, which lies south of the N0rth 368.00 feet thereof,
and north of the Luce Line Trail right-of-way;
ALSO
The South 151.00 feet of the 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 North 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 Section 31,
Township 118 North, Range 23 West of the 5th Principal Meridian which lies west of
the East 530.00 feet of said South Half of the Northwest Quarter of the Southeast
Quarter
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CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
DATA PRIVACY ADVISORY
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
In accordance with M.S. 13.04, Subd. 2 , "Rights of subjects of data", we would like to
inform you that your request for a permit or license from the City of Orono or any of its
departments may require you to furnish certain private or confidential information.
You are notified that:
1. The information you furnish will be used to determine your qualification for the
permit or license requested.
2. You may refuse to supply data, but refusal may require that the City deny the ·
permit or license.
3. The information may be shared with other local , state or federal agencies to the
extent necessary to process the permit or license.
4. . If your requested permit or license requires Council action to approve, some
information may becoml;! public .
5. You have certain rights under M.S . 13 .04 (see following page) to review private
data on yourself.
, 6 ~ / Your full name is required to process this application or permit.
7E!_ ~ ,4J Gb J N #CQ 1::: a 1= r
First Middle Last
V 6.£ d ijf<-'!'. ,1 ,! /f .,/ IL
Address
/»/1pif //4-r/7 /J?A/' S-s3ls -,
City State Zip Phone
r I r/stand my rights as stated above.
~A ~ Signature ~ -;
15
Telephone (612) 249-4600 • Fax (612) 249-4616
Sec.13.04 RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. The rights of individual on whom the data is stored or to
be stored shall be as set forth in this section.
Subd. 2. Information required to be given individual. An individual asked to supply
private or confidential data concerning himself shall be informed of: (a) the purpose and
intended use of the requested data within the collecting state agency, political subdivision, or
statewide system; (b) whether he may refuse or is legally required to supply the requested data;
( c) any known consequence arising from his supplying or refusing to supply private or
confidential data; and ( d) the identity of other persons or entities authorized by state or federal
law to receive the data. This requirement shall not apply when an individual is asked to supply
investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer.
The commissioner of revenue may place the notice required under this subdivision in the
individual income tax or property tax refund instructions instead of on those forms.
Subd. 3. Access to data by individual. Upon request to a responsible authority, an
individual shall be informed whether he is the subject of stored data on individuals, and whether
it is classified as public, private or confidential. Upon his further request, an individual who is
the subject of stored private or public data on individuals shall be shown the data without any
charge to him and, ifhe desires, shall be informed of the content and meaning of that data. After
an individual has been shown the private data and informed of its meaning, the data need not be
disclosed to him for six months thereafter unless a dispute or action pursuant to this section is
pending or additional data on the individual has been collected or created. The responsible
authority shall provide copies of the private or public data upon request by the individual subject
of the data. The responsible authority may require the requesting person to pay the actual costs
of making, certifying, and compiling the copies.
The responsible authority shall comply immediately, if possible, with any request made
pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays,
Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with
the request within that time, he shall so inform the individual, and may have an additional five
days within which to comply with the request, excluding Saturdays, Sundays and legal holidays.
Subd. 4. Procedure when data is not accurate or complete. An individual may contest
the accuracy or completeness of public or private data concerning himself. To exercise this right,
an individual shall notify in writing the responsible authority describing the nature of the
disagreement. The responsible authority shall within 30 days either: (a) correct the data found to
be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data,
including recipients named by the individual; or (b) notify the individual that he believes the data
to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement
is included with the disclosed data.The determination of the responsible authority may
beappealed pursuant to the provisions of the administrative procedure act relating to contested
cases.
16
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STORM SEWER DISTRICT BOUNOARY
SO,OOL DISTRICT BOUNDARY
WATERSHED DISiRICT BOllNOARY
INCREMENT OOUNOARY
(SI
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S31
HENNEPIN COUNTY, MINNESOTA
BUREAU OF Pua IC SERVI CE
OEPARTl,IENT OF PROPERTY· TAX
ANO Pua IC RECCROS
SURVEY DIV' ,ION
\.,
RUN DATE 04/04/00
BATCH 550
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
38 31-118-23 41 0013
04145 WATERTOWN RD ,/
HR & HE PLANK
MICHAEL R & HARV E PLANK
327 NORTH CARRINGTON
BUFFALO NY 82834
38 31-118-23 42 0006
00038 ADDRESS UNASSIGNED
STATE OF MINN
STATE OF MINN (DNRJ
(LUCE LINE TRAIL)
38 31-118-23 42 0011
04305 CHIPPEWA LA
J L CORNICK & D L CORNIC~,,/
JAMES & DEBRA CORNICK
4305 CHIPPEWA LA
MAPLE PLAIN HN 55359
3 31-118-23 42,>014 ~
003 TURl\iHAtf'RD .... -/
J L & VZELINSKY J~V _,
J L P ELINSKV JR --.)
3 URNHAM
APLE PLAIN H 55359
38 31-118-23 42 0017
04385 CHIPPEWA LA
J M FRITZLER ET AL
J MARC FRITZLER V
DESYL L PETERSON
4385 CHIPPEWA LA
MAPLE PLAIN MN 55359
38 31-118-23 43 0002
00038 ADDRESS UNASSIGNED
STATE OF MINN
STATE OF MINN (DNRJ
(LUCE LINE TRAIL)
RUN DATE 04/04/00
BATCH 550
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 31-118-23 43 0015
00038 ADDRESS UNASSIGNED/
W F & E KNAPP
WILLIAN F & EVELYN KNAPP
85 CRISTOFORI CIR
MAPLE PLAIN HN 55359
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 31-118-23 42 0001
04245 CHIPPEWA LA
ROBERT LEWIS SORENSEN
JD & G H GRANGAARD y'
8509 CARDIFF LA
EDEN PRAIRIE MN 55344
,38 31-118-23 42 0009
04325 CHIPPEWA LA
DANIEL P & REBECCA J SCHULTZ,./
DANIEL & REBECCA SCHULTZ
4325 CHIPPEWA LA
MAPLE PLAIN HN 55359
38 31-118-23 42 0012
04220 CHIPPEWA LA ✓
PAMELA GAIL ANDERSON
PAMELA G ANDERSON
4220 CHIPPEWA LANE
MAPLE PLAINS HN 55359
38 31-118-23 42 0015
04360 CHIPPEWA LA ✓
LE MARTINEAU/J H MARTINEAU
LARRY E & JEAN M MARTINEAU
4360 CHIPPEWA LA
MAPLE PLAIN HN 55359
38 31-118-23 42 0018
00320 TURNHAM RD
J L & RP ZELINSKY JR
J L & RP ZELINSKY JR
320 TURNHAM RD
MAPLE PLAIN HN 55359
38 31-118-23 43 0011
00145 TURNHAM RD
BEAL SAVINGS BANC
DAVID A DETERS V
145 TURNHAM RD
MAPLE PLAIN HN 55359
HENNEPIN COUNTV·PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 31-118-23 44 0001
00038 ADDRESS UNASSIGNED
STATE OF HINH
STATE OF HINH (DNRJ
(LUCE LINE TRAIL)
REPORT NO. PI435401
PAGE 29
38 31-118-23 42 0002
04265 CHIPPEWA LA ✓
T J & KL MCCAFFREY
THOMAS J MCCAFFREY
4265 CHIPPEWA LA
HAPLE PLAIN MN 55359
38 31-118-23 42 0010
04315 CHIPPEWA LA
GREGORY HALLDIN E"[AL
GREGORY HALLDIN .r
4315 CHIPPEWA LANE
MAPLE PLAIN MN 55359
~31-118-23 4Joo13
0032~, TURNHAir°Ro'
J L & R,~fLINSKY JR
J L & R.,,P ZELINSKY JR
320 JYRNHAH 'RQ__
HAPLt PLAIN HN~55359
vs_.~1--P
~~ tff
--yri,v1. r, :}.3-'t;;J_-C£)
38 31-118-23 42 .0016 '2 I-/ IS'-
04355 CHIPPEWA LA ,/ ..::,J , L~
FRE.DERICK E SHEHANEK JR ( trJll fa FE JR & J E SHEHANEK ~
RT 2 BOX 16
MAPLE PLAIN HN 55359
38 31-118-23 43 0001
00038 ADDRESS UNASSIGNED
STATE OF HINH
STATE OF MINN (DNRJ
(LUCE LINE TRAIL)
38 31-118-23 43 0014
00165 CRISTOFORI CIR
JR & J K LESSER v'
JOHN LESSER
165 CRISTOFORI CIR
MAPLE PLAIN HN 55359
REPORT NO. PI435401
PAGE 30
,, TOTAL BATCH
4;;,&S
lj-35S-
550 00020
(! hi fp?lVtl La /)-e-
-350~· /4-f ~
3/-//f-~3_ /c:2,_ DM,;2_, -oolh
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF HY KNOWLEDGE AND BELIEF. _ ;,.--.. \ .
DATE 1=5-.().C.J Bv®1ti Set tld} 'i/
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CHIPPEWA LANE
370 10 N 89°28' 40" E 200.01
1fj.52
--~~-----~ Z 4 5)
I 124.95 rn Jg
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200
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NW 1/4, SE 1/4, Sec. Jl-118-23
l GARAG~
McCAFFREY
+ 2. 80
South line of North 217 rcE"t, South 1 /2, -..
NW 1/4. SE 1/4, Sec . .\1 ·-118 -2.1 '.
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South line of North 368 feet, South 1 /2, ·--'
NW 1/4, SE 1/•I, Sec. 31-118-23
PARCEL A
AREA = 5.12 ACRES
+-5 12
N 89°28' 4-0" E 314.52
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LUC[ TRAIL l 00 fJ7.21
March 27, 2000
Tom Wolff
12903 18 th Ave . S.
Burnsville, MN 55337
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN
Re: Lot line rearrangement at 4355/4265 Chippewa Lane (Shemanek & neighbor)
Dear Mr. Wolff:
55323-0066
Enclosed please find a subdivision procedure packet for use in making the appropriate application
for approval of the lot line rearrangement as we discussed. This application, in which the 4355
parcel remains conforming (5 acres, 300' width) and the 4265 parcel remains substandard as to width
and area but gains in lot area, will be reviewed as a metes and bounds subdivision and will not
require a plat.
The application will require submittal of the application form, the required $350.00 fee and certified
property owners list , plus a survey showing existing and proposed boundaries and indicating existing
and proposed legal descriptions . The survey must show existing improvements , buildings , etc. to
confirm that all setbacks will still be met. It will also be important to confirm that a secondary
drainfield site will still be available for the home at 4355 within its remaining 5 acres.
This type of application typically requires one appearance before the Planning Commission (public
hearing) and one appearance before the City Council. The next deadline for applications is
Wednesday April 19 for the May 15 Planning Commission meeting. Final Council action would
likel y be scheduled for June 12.
Please feel free to contact me or Planner/Zoning Administrator Paul Weinberger at 612-249-4600
if you have any questions.
,/'
Sincerely , _ .-A J ,/
~C._ //~/)·¥:__
/ /;'/
Michael P. G affr'~n
Senior Planning Coordinator
encl.
cc: Paul Weinberger
Telephone (612) 249-4600 • Fax (612) 249-4616