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Home My WebLink About#4478-lot line re-arrangement-2000 � , ��__—_ � � �� v� � ae. - ,� C ITY of ORONO �' � RESOLUTION OF THE CITY COUNCIL � �l ti � ti ��9kESH�4�G NO. �" �` '� � - _�� A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMEN'T FOR PROPERTIES LOCATED AT 4265 Ai�1D 43�5 CHIPPEWA LANE; AND GRPiNTING OF A VARIA:\CE TO MUNICIPAL CODE SECTION 10.27, SUBDIVISION 5 (B) FILE NO. 258� WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and `YHEREAS, 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 C i�_; and `VHEREAS, the City Council has considered the application for a subdivision of a lot line rearranQement by Thomas McCaffrey and Kathleen McCaffrey and Frederick Shemanek and Joyce Shemanek (hereinafter "the subdividers") of properties legally described as: Parcel A That part of the South Half of the Northwest Quarter of the Southeast Quarter which lies West of the east quarter thereof and East of the West 421.7 feet thereof and north of the railroad right-of- way, EXCEPT the North 217.00 feet of the East 530.00 feet of said South Half of the Northwest Quarter of the Southeast Quarter, Section 31, Township 118 North, Range 23 West of the Sth 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, Af[er due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zonin; and Planning Codes, the Orono Planning Commission held a public hearing on May 15, 2000, at which time all persons desiring to be heard concernin� this application were given the opportunity to speak thereon; and Page 1 of 7 � e �e /��0� � �\ /O O\\\ �ae � 1 CITY of ORONO a ��i ti '/ �,� �,'� � RESOLUTION OF THE CITY COUNCIL � ;� �� 9.kESH� N O. � �— W��REAS, the subdividers have completed all requirements of the City for a subdivision to reanange 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 findin;s 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 1 acre/200' 4355 Chippewa Lane 6.92 acres/370' 2. The subdividers have proposed a lot line rearrangement creating two substandard lots, one still substandard in area, the other becomin� substandard in width. 4265 Chippewa Lane 2.80 acres/325' 4355 Chippewa Lane 5.12 acres/245' 3. The new property line would result in less than 300'of public road frontage for 43» 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 allo�vs 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 existinJ 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 /�.-_�. % °�\ ro o'�;,, ��, - ,i C ITY of ORON4 � �� ''� G�%� RESOLUTION OF THE CITY COUNCIL t�SH�4L�'� N O. ,� � rt�� - 6. The house located at 4265 Chippewa Lane encroaches into a required side yard setback. Reananging the property line would result in the house being more than the 50 feet required for side setbacks in the RR-lA zoning district. No new substandard setbacks for existing buildings will result from this rearrangement. 7. The Orono Planning Commission reviewed this application on May 15, 2000 and recommended by a vote of 5 to 0 to approve the land use application as presented. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono hereby approves the lot line 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 & Gronber„ Inc., dated March 23, 2000, attached Exhibit "B", and grants a variance to Municipal Code Section 10.?7, 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 �ubject to the following conditions: 1. The new legal description for Parcel A, as shown on the survey sited above, shall read as follows: E�ibit "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 tlie 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 /i" O� , �' �'� �O o �,, � �aa ,� C ITY of ORONO � �;; �� ,'�'/% RESOLUTION OF THE CITY COUNCIL �t�SH�/ N0. 4 � "� c'`�'i LEGAL DOCUMENTS required: a) Title Opin.ions 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 cunently 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: � �� ,� � ,% / � r�� / G�/ , �--� �°��T�_�� r�-2-' �-'--� .- T / � Linda S. Vee, City Clerk Gabri Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 2000, by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Mirinesota municipal corporation and said instrument was executed on behalf of the City. .-., .,.:._ � CAROLE A HASEMAN ��i,�,./,/ �. �� ,�>,,r��,�� NOTARYPUBUC•MlNNESOTA NOTARY PUBLIC 1�r Cainribsion ExpYes,lan.31.20� Page 4 of 7 . •. EXHIBIT A � � � � - PROPOSED PARCEL B (TO BE ADDED TO MCCAFFREY PA�CEL) The East 10_00 feet of that part of the West three fourths of the South Ha(f of the Northwest Qua�ter of the Southeast Quarter of Section 31, To�vnship 118 No�th, Range 23 West of the Sth Principal Meridian, which lies south of the ��rth 368.00 feet thereof, and north of the Luce Line Trail right-of-way; A�.SO The South 151.00 feet of the North 368.00 feet of the West 314.50 feet of the East 324.50 feet of t1�e 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 pa�t of the East 324.5 feet of the West three-fourths of the South Half of the Nocthwest 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 tF�e Northwest Quarter of the Southeast Quarter Page S of 7 ,r , EXHIBIT B L�. Q. ";.� �� 3�0.,o CHIPPEWA LANE N gg.28•40�� E zao.o, u �6.31 124.9$ 1539 1 u " I ol ..", � � o i o n u � �� 200 � � � Z I Vf v+est Me o� Ewt 655 teet. Souin 1/7.--' � � O raw tia. � t/s. Sac 3i-it8-23 I o i NOV`�'l p w I � I � U � � � � tIQ�JS( ' � � R1 I ni —weat I:ne ol Eo.� S.SO �eet. Sou�h �/2. � n� � Nw t/a. 5E �/�. kc. J�-ft8-23 I � N � o� � McCAFFREY � o � ❑ � Eaal 4+e ot wr�t •��7 �:cl. $ovth tj,', �! � CnR�GE � --Ewt �� Nw t/�. SE �/�. Sec S�-I18-23 v� . Eaat SJ� , w I PARCEL B I sF v. 0 m� Soulh G�e <�t NorU 217 fcel, i.oulh t/2,-� GAF � NW t/l. SE t/�, Sec. tt..i18•Z.S . 'v� � I 1 O� � .�a i 5 89'28'40" W 200.01 �v � _ I - � � �,..s �, ( }2ti.5 � c PROPOSED DIVIOING LINE-—--1 c ' N � AREA = �.80 l�CkF_5 I SHENlANEK c y�RN f � : � -�`'esl w�. � � ��' J I I Q4 N �9•z8�40�� _ 3,4.5z o � � i � Soul� f o1 NorU 368 /ecl, $outh 1/:,=. � nw t/�. :,F �/+. Sea St-tiA-2.; � o •L«o�s i � i U i � � u PARCEL A '^ � � o � �' A O I v ( W � AREA = 5.12 ACHE$ ' I m ' i � AI °' I �,o • I i t 2�6� I • -• . -- - - -� - -- --. . ._ - �- -- -- ---- GR.\VCl ORlvt � �_�__ ... ._. . . . . .. - - - •- �•- --•- --- --.� A=�Ua•06'g,.. 5 H9'31'QQ' W 433.28- ---�- - -- R-t9 t0.08 � L I;CE Llf�lE= TRnIL ' � �-172i ' � � . � • - - - - - �- ---- - - -- � - -- Page 6 of 7 EXHIBIT C � � �� PROPOSED PARCEL A (REMAINING SHEMANEK PROPERII� That part of the South Ha1F 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 qua�te�the�eof 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 t1-�e No�th 368.00 feet of the West 314_50 fe�t of the East 324.50 feet thereof. Page 7 of 7