HomeMy WebLinkAboutRe: City decline land donation _ -_o
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'��� CITY of ORONO
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� � �, ; Municipal Offices
� ` G~ Street Address: Mailing Address:
�`9kE8Hp'g'� 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
October 29, 2004
Robert and Caroline Fullerton
50 Landmark Drive
Long Lake,MN 55356
Re: Tax Parcel OS-117-23 21 0021 (Outlot A, Burgers Bayside 2nd Addition)
Dear Mr. And Mrs.Fullerton:
I ain writing in response to your query regarding the potential to donate the above referenced parcel to
the City. As you know, the Outlot is separated from your homestead parcel by the Luce Line Trail,
making your use,maintenaiice and control of the parcel somewhat difficult. As you suggested in your
discussion with City Planner Janice Gundlach,because the Outlot is adjacent to Bederwood Park, its
donation would on first blush appear to be a win-win situation if you are able to realize a satisfactory
tax write-off.
Outlot A and your homestead parcel(Lot 1, Block 1, Burgers Bayside 2nd Addition) are subject to a
Special Lot Combination Agreement which requires that the two parcels remain together under one
ownership. The basis for the Agreement is that your property is in the RR-lA Rural Residential Zoning
District which requires a minimum lot size of 5 dry-buildable(non-wetland) acres. Lot 1, Block 1
contains approximately 2 acres of dry land, and Outlot A contains approximately 4 dry acres.
The Agreement allows the City to consider your property in total as conforming to the 5-acre
requirement,whereas eliminating the Agreement and allowing you to dispose of the Outlot would
functionally result in making your property substandard. This has potential ramifications on your ability
to obtain permits to rebuild on the site, etc. Despite the fact that the land might make an attractive
addition to Bederwood Park, there are negative impacts in terms of setting a zoning precedent by
allowing your property to be separated into substandard parcels.
The City would not, for instance, allow an existing conforming 5-acre parcel in a 5-acre zone to be split
into two substandard parcels. We would not accept a donation of land that resulted in a property
becoming non-conforming. We must view your property in the same way- under the agreement, it is
one parcel for zoning purposes.
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
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October 29, 2004
Page 2
The only relief I can offer you is that it appears you may have around 6 dry-buildable acres in total,
where the minimum requirement is 5 dry-buildable acres. If you were to split off the excess dry
buildable acreage from the Outlot (which might amount to an acre or so, anc.e yon��iay�tb.e.wetlands
delineated), the City would likely accept that excess acreage donation as an addition to Bederwood
Park, as long as the donated land is contiguous with the Park. However, I do not see how an appraiser
or the City Assessor could value that acre as a building site;it would remain valued as relatively low-
value excess acreage as it is today.
In summary,while we appreciate your consideration in suggesting a land donation to the City,there
appear to be a nurnber of issues that make such a donation less attractive for both parties. Please feel
free to contact me at 952-249-4600 if you wish to discuss this further.
Sincerely,
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Michael P. Gaffron .
Planning Directar
cc: Ron Moorse, City Administratar -
Janice Gundlach�City Planner
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