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Home My WebLink About#4365 - termination - 2010 � . � �S 1�� 4Sh�� . J �Y M1' r � I I� F� J i�I� ! � � I �� I �� Doc No A9591�193 Certified flled and/or recorded on 9 7124/1 Q 10:00 AM Office af the County i2ecorder Hennepin Cour�ty, Minnesota Michael H. Cunniff, County Recorder Jill L.Aiverson, County Auditor and Treasurer Qeputy 63 Pkg tD 672786 Doc Name:Termination Document Recording Fee $46.00 �Document Total $46.00 This cover sheet is now a permanent part of the recorded tincument. ,�y , . C�� .r�-- . TERMINATION OF CONDTTIONAL USE PERMYT Tlxe City of Orono,a Minnesota municipal corporation,has received a request from the property of owners of 1820 Fox Street,legaIiy described as: Lot 2,Block 1,H�Acres Two,to terminate the Conditional Use Permit recorded as document number 7223041. The City of Orono hereby confirms and agzees that the conditional use permit described in that certain Resolution No.4365 of the Ciry Council of the City of Orono,recorded in the office of ttze Hennepin County Recorder as document number 722304I on December 3, 1999, has terminated and is of no fitirther foree or effect. CTTY OF ORONO,�1�IINNESOTA gY �,c.,. �r GJ�r,�.`7.�` ,its Mayor By �- �/---Q-�� , its City Clerk STATE OF MiNNESOTA ) : ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me,a no#ary pubtic,this a5 day af October,2010,by .,Ia..,+.ca /r. w�- and L.rnda 5. Vee. respectively the Mayor and City Clerk of the City of Orono,a Minnesota raunicipal corporation, on behaif of the City. �- Q.�l�� E�� Notary Public aec�a�M • BARBARA G.SSLUS NOTARY PU9tJC-MINNESOTA My Canmfssfa�Exp�a Jan.31,2613 DRA.FTED BY: CampbellKnutson,P.A.(SMM) RETURN T0� 1380 Corporate CenterCurve,#317 BURNET TITI,E Eagan,Minnesota 55121 Telephone: (65l)452-5000 B O X 2'�8 ��'1�� l54438 • i— '/�/ 1O 7 � � O \ �,�a I �� CITY of ORONO �� 3��--. ' � � ,3 � � � � � �'�� Municipal Offices \`$►� �"` '"w��:a;� 1' � Street Address: Mailing Address: �� ,,;��'1 a,'�, �G 'kE3H0¢/ 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 October 27, 2010 Charles G. Carpenter III Fabyanske, Westra, Hart & Thomson, P.A. 800 LaSalle Avenue, Suite 1900 Minneapolis, MN 55402 RE: Termination of Conditional Use Permit 1820 Fox Street Mr. Carpenter, At the October, 25t" council meeting, your request for termination of the Conditional Use Permit for 1820 Fox Street was approved. Attached is the originai termination document. Please have this recorded with Hennepin County and provide the City with a copy of the "cover sheet" showing the recording information for our records. If you have any questions I can be reached at cmattson(a�ci.orono.mn.us or 952-249-4620. Sincerely, CITY OF ORONO C � �� Christine Mattson Planning Assistant Attachment: Original Termination of Conditional Use Permit Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us . , � I � i � � . . � i TERMINATION OF CONDITIONAL USE PERMIT The City of Orono, a Minnesota municipal corporation, has received a request from the property of owners of 1820 Fox Street, legally described as: Lot 2, Block l,Hi Acres Two,to terminate the Conditional Use Permit recorded as document number 7223041. The City of Orono hereby confirms and agrees that the conditional use permit described in that certain Resolution No. 4365 of the City Council of the City of Orono, recorded in the office of the Hennepin County Recorder as document number 7223041 on December 3, 1999, has terminated and is of no fi�rther force or effect. CITY OF ORONO,MINNESOTA By �e.� 7?� L� ` J , its Mayor By . (/.�—�/ , its City Clerk STATE OF MINNESOTA ) : ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me, a notary public,this a5 day of October, 2010, by Ja�.d n�• �U/u�c- and L��d� 5. I/e�, , respectively the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the City. �- C1.�-ba'� ,%�� Notary Public BARBARA G. SILUS NOTARY PUBLIC-MINNESOTA �` ,,,-, . My Commission Expires Jan.31,2013 DRAFTED BY: Campbell Knutson,P.A. (SMM) 1380 Corporate Center Curve, #317 Eagan,Minnesota 55121 Telephone: (651)452-5000 154438 REQUEST FOR COUNCIL ACTION Date: 21 October 2010 Item No. � Department Approval: IA� Administrator A�proval: Agenda Section: Name: Melanie Curtis y� Title: Planning & Zoning Coordinator Item Description: 1820 Fox Street —Termination of CUP List of Exhibits: Exhibit A- Termination Document Exhibit B - Email Request Exhibit C - Resolution 4365 Application Summary: In 1999, the properties at 1700 and 1820 Fox Street received conditional use permit approval in order to construct a driveway across the common property line and conduct grading in excess of 500 cubic yards of material for the new driveway. Recently 1820 Fox Street has been offered for sale. This summer a new driveway access to serve the property was constructed entirely on 1820 Fox Street and the driveway access over 1700 Fox Street was abandoned. In order to clear up the property title, the owner has requested the CUP be terminated. The City Attorney has reviewed the request and revised the applicant's termination document language. Planning Staff Recommendation Staff recommends approval of the termination of the CUP per the attached document. COUNCIL ACTION REQUESTED Adopt or amend the attached document terminating the CUP for 1820 Fox Street. Council Exhibit A TERMINATION OF CONDITIONAL USE PERMIT The City of Orono, a Minnesota municipal corporation, has received a request from the property of owners of 1820 Fox Street, legally described as: Lot 2, Block 1, Hi Acres Two, to terminate the Conditional Use Permit recorded as document number 7223041. The City of Orono hereby confirms and agrees that the conditional use permit described in that certain Resolution No. 4365 of the City Council of the City of Orono, recorded in the office of the Hennepin County Recorder as document number 7223041 on December 3, 1999, has terminated and is of no further force or effect. CITY OF ORONO, MINNESOTA By , its Mayor By , its City Clerk STATE OF MINNESOTA ) : ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me, a notary public, this day of October, 2010, by and respectively the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the City. Notary Public DRAFTED BY: Campbell Knutson,P.A. (SMM) 1380 Corporate Center Curve,#317 Eagan, Minnesota 55121 Telephone: (651)452-5000 154438 � � Council Exhibit B Melanie Curtis From: Christine Mattson Sent: Monday, October 11, 2010 3:18 PM To: Melanie Curtis Subject: FW: Termination of Conditional Use Permit re 1820 Fox Street Attachments: Resolution.pdf; Termination of Conditional Use Permit.PDF From: Susanne M. HofFinan jmailto:SHoffman@fwhtlaw.com� On Behalf Of Charles G. Carpenter III Sent: Monday, October 11, 2010 3:03 PM To: Christine Mattson Cc: Charles G. Carpenter III Subject: Termination of Conditional Use Permit re 1820 Fox Street Sent on behalf of Charles G. Carpenter III: Chris, As you are likely aware per the voice mail you left me last week, our firm represented the current owner of the Nivin MacMillan residence at 1820 Fox Street(legal description is Lot 2, Block 1, Hi-Acres Two). Back in 1999,this property applied for and received a conditional use permit to allow for a driveway to be installed which served this 1820 Fox property but ran over the adjacent property to the east at 1700 Fox Street. A copy of the resolution is attached. That driveway has now been removed given that a new driveway located entirely on the 1820 property has been installed. Accordingly, we would like to terminate that conditional use permit. The conditional use permit was recorded in the real property records so to clear title,we'd like for the acknowledgment of its termination by the City to be in recordable form. I've attached such a form. Please contact me with any questions you or the City may have and, in any case, to coordinate logistics. Thanks for your help. Charlie Carpenter 612-359-7638 Susanne M. Ho�fnaan Legal Administrative Assistant to Paul L. Ratelle, Charles G. Carpenter III, and Megan Kennedy Fabyanske, Westra, Hart&Thomson, P.A. 800 LaSalle Avenue, Suite 1900 Minneapolis, MN 55402 Phone: (612) 359-7600 Fax: (612) 359-7602 Direct: (612) 359-7669 Email: shoffman(a�finrhtlaw.com www.fwhlaw.com This message is intended only for the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited, and you are requested to please notify us immediately by either e-mail or telephone, and return the original message to us at the above address. 1 ' Council � � '"�� Exhibit C '/ ��? � ' V\ �O p ` �� CITY of URON� � � ,�{� G'ti � RESOLUTION OF THE CITY COUNCIL �,$ p44' NO. � � 4�' � ESH A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 19-21 FILE #2524 WHEREAS, W. Duncan MacMillan and Craigbank Associates, (hereinafter "the applicants") are the owners of the properties located at 1700 Fox Street and 1820 Fox Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block l, HI Acres Two, Hennepin County and that part of the Northeast Quarter . of the Southeast Quarter of Section 3, Township 117 North, Range 23 West of the Fifth Principal Meridian, Hennepin County, Minriesota (hereinafter "property"); and WHEREAS, the applicants have applied to the City far a conditional use permit to permit land alteration of greater than 500 cubic yards and to allow grading within 5' of the property line for relocating a driveway across a commonly owned property line per Section 10.03, Subdivisions 19-21. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #2524 for property located at 1700 Fox Street and 1820 Fox Street. 2. The property is located in the RR-1B, One Family Rural Residential Zoning District. 3. The property owners of 1700 Fox Street will file an easement in favor of the 1820 Fox Street property for the purposes of access. 4. The existing driveway is at a 13% slope without a significant landing to Fox Street. The new drive would begin at 2% for the first �0' and then an 8% drive would continue to the house. Page 1 of 6 / O�r � I /O O �� - CITY of ORONO � � � � �� ,'� RESOLUTION OF THE CITY COUNCIL �kES� N 0. `� � � � � 5. The easement is 30' in width (legal description attached as E�chibit A). 6. The proposed grading would not impact existing or future septic sites on the property due to disturbed soil and slopes. 7. The City Council finds that granting a conditional use permit to allow grading within 5' of the property line and to allow land alteration of b eater than �00 cubic yards will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 8. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19-21, to permit grading within 5' of the property line and land alteration of greater than 500 cubic yards, subject to the following conditions: 1. The applicants shall file an access easement in favor of the 1820 Fox Street property over the 1700 Fox Street property. 2. The existing curb cut located on the 1820 Fox Street property shall be closed within 30 days of completion of the existing driveway. 3. The applicants shall obtain a land alteration permit from the City for grading, per the site plan attached to this resolution as Exhibit B. 4. Authorities granted by this resolution are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or this conditional use pernut will expire on that date (October 1 l, 2000). Page 2 of 6 / / O `\ � � ' /O O �a. - C ITY of ORONU � � ti �� ,'�� RESOLUTION OF THE CITY COUNCIL t � ,�, � 4'� N0. � �� C� ;�: �kESHO 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority �anted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby a�ree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this l lth day of O�tober,;�'999. ATTEST: r'�� ;� ;' ,,� / �� ,•,/ � . ,, ��,• � ��'�.�- ��'-L--� ,��'i �' ;,: Linda S. Vee, City Clerk Charles el , A ing, Ma Niviri S. MacMilla.n • A W. Duncan MacMillan, husband & wife, k � �� ,-� SA�' � bMI'► ^r�, Property Owner(s)of 182 ox Street �� .-� Cra.igbank Associates ' ==� 1��- _.,- Pres. By its General Partners: • Partnership Holdings, LLC ` W. Duncan MacMillan 1982 Trust �� 1�1 � �"'`�Trustee Property Owner(s) of 1700 Fox Str�et STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instnunent was acknowledged before me on this l lth day of October, 1999, by Charles Kelley and Linda S. Vee, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � /� � / t .��.�� .�:�,��1--,��-�,�; � t A- c��a�� / ( pr� [ A f i •---,`� 1�t�fl� L Y ��'4,.h R AY'.�� L` i' ; � Notary Public �� f NCiER�'Ft,�� : "°TA �': �, F Eh`i�!Frlt,CGJ:TY f' � � - FJs�Crr rr,,sicr E;�pues J n 31.20C� , -=� _ , ' -�--..-...`_..,� .�_ .. __«..��..x.�...� �.._., __., Page 3 of 6 . /,, _o� � � �O O �e. - C ITY of ORONO ,� � � � �� ,'� RESOLUTION OF THE CITY COUNCIL l � � � �:b � �kESH04 NO. STAT F MINNESOTA ) ) ss. COLTNTY OF HENNEPIN ) On this 13thday of october , 1999 before me a Notary Public within and for said county, personally appeared �^1. Duncan MacMillan , husband of Niv��cA�i�lan known to me to be the person(s) described in and who executed the fore�oing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. :,M� , �cr.A s.►+o�s�a - �r;,Y � i! PNqTAFtY PUESL!"..AAINNE9CfiA � �; .., ��, � ;•�c;�:��•� ►�r c�n�R r,��r�.�,�o N tary Public �F,wv� STATE OF NIINNESOTA ) ) ss. COLJNTY OF HENNEPIN ) On this 13thday of october , 1999 before me a Notary Public within and for said county, personally appeared Nivin S. MacMillan , wife of W. Duncan M�cMillan l:now�n to me to be the person(s) described in and who executed the foreaoing instrument, and acknowledged that he (they) executed the same as his (their) free act andvdeed. -T'� RE6ECCA 8.H0@1c� � � � rro�raar��c-s�Fe+�aRa C��. ' �';:��` ►�r��s.�as.�ao N tary Public „�.�,��.�. �I�1�rkf�s��/3 STATE OF ) �SS<x ) ss. COUNTY OF ) On this /S� day of ��g�' , 199� before me a Notary Public within and for said county, personally appeared ,7ohn x. MacMillan zv known to me to be the person(s) described in and who executed the foregoing instrument, and acicnowledDed that he (they) executed the same as his (their) free act and deed. � Notary�u lic � [U�t9iU�SSt� P/`�� r nabe 4 of 6 �� ,� �� / ' • � � Exhib it A DESCRIPTfON FOR: W. Duncan MacMillan >y - � 62200-004 �� SCHOELL 8�MADSON,INC. -- Engineers+Surveyors+Planners Soil Testing♦ Environmental Services — — 10580 Wayzata Bivd. �_� Minnetonka,MN 55305 �' 612/546-7601 Fax:612-546-9065 I Driveway Easement A 40.00 foot perpetual easement for driveway purposes over and across the following described property: The Northeast Quarter of the Southeast Quarter of Section 3,Township 117 North, Range 23 West of the 5th Principal Meridian. The centerline of said easement is described as follows: Commencing at the southeast corner of Lot 2, Block 1, HI-ACRES TWO, according to the recorded plat thereof; thence on assumed bearing of North 89 degrees 58 minutes 03 seconds East along the easterly extension of the south line of said Lot 2, a distance of 116.00 feet, to the point of beginning of the center line to be described; thence North 00 degrees 01 minutes 57 seconds West a distance of 6.00 feet; then northwesterly a distance of 31.45 feet, along a tangential curve concave to the southwest having a radius of 57.50 feet and a central angle of 31 degrees 20 minutes 00 seconds, to a point of compound curvature; thence northwesterly and westerly a distance of 152.50 feet, afong said compound curve concave to the southwest having a radius of 187.50 feet and a central angle of 46 degrees 36 minutes 00 seconds and said centerline there terminating. Date: August 12, 1999 Theodore D. Ke�nna Land Surveyor MN. Lic. 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