Loading...
HomeMy WebLinkAbout#5644-lot line re-arrang-2007 0 0 416 -=y; t.,0- CITY of ORONO tit ;% �, `k�Gti RESOLUTION OF THE CITY COUNCIL `4$ESHOg' NO. 5 6 Li / A RESOLUTION APPROVING A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 25 & 105 ORONO ORCHARD ROAD NORTH FILE NO. 07-3299 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Michael D. Benedict and Deborah A. Benedict, husband and wife, (hereinafteil "the Benedicts") are the owners of the property located at 25 Orono Orchard Road North within the City of Orono and legally described on Exhibit A, attached hereto (hereinafter "the Benedict Property"); and WHEREAS, James Roland Lowe III and Kelly M. Lowe, husband and wife, (hereinafter "the Lowes") are the owners of the property located at 105 Orono Orchard Road North within the City of Orono and legally described on Exhibit B, attached hereto (hereinafter "the Lowe Property"); and WHEREAS, the City Council of Oronohereinafter"City Crty 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 lot line rearrangement byl the Benedicts and the Lowes to allow the exchange of 1402 square feet of property(excluding right of way): and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 elt. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 16, 2007 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. FINDINGS 1. Thi Is application was reviewed as Zoning File#07-3299. I Page 1 of 3 • e. 0.4?.1 Off , ....,., kiri: ,;, CITYofORONO ..., ,, \ ,,,,,. A. 14 :4,),1-, 3.'4 ;k i; ' � 4RESOLUTION OF THE CITY COUNCIL `9k es1104 , NO. 5 6 4 2. Both properties contain a single family residence. The Lowe Property is nonconforming as to area when compared to the minimum 2.0 acre width standards of the RR-1B Rural Residential Zoning District in which both parcels are located while the Benedict Property conforms to this and other RR-1B sta#idards. 3. The Planning Commission reviewed this application on July 16, 2007 and on a vote of 6 - 0 recommended approval of the variance, based on the following findings: a. As a result of the proposed lot line rearrangement there will be no change in the status of either property. The Lowe Property will remain nonconforming as to lot area and conforming as to lot width and the Benedict Property will remain conforming as to lot area and width. b. No setback deficiencies will be created for the house, accessory structures, driveway, septic systems and alternative septic system location on either the Lowe Property or the Benedict Property. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the lot line rearrangement of the above referenced properties as shown on the certificate of survey by Charles E. Webb, Jr., attached in Exhibit C, subject to the following conditions: 1. The Benedicts and the Lowes shall provide to the City a title opinion and certified copies P p of all recorded easements currently affecting the properties involved in the lot line rearrangement. 2. The deeds a4d tax parcel combination forms effectuating aforesaid rearrangement shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before July 23, 2008 together with this resolution. The legal descriptions to be used for these deeds and forms are attached as Exhibits D and E. 3. The approval'granted by this resolution shall expire if the division has not been filed by the date specied above. In that event, it will be necessary to file a new application with the City of Orbno for subdivision review. Page 2 of 3 � °N o a CITY of ORONO ' � �, � . � � RESOLUTION OF THE CITY COUNCIL 41 Esnio* NO. 6 4 1! Adopted by the City Council of Orono, Minnesota this 23rd day of July, 2007. ATTEST: �- Lin a S. Vee, City Clerk ;„J es M. White, Mayor Page 3 of 3 564 . ZONING FILE i4O.07-3299 EXHIBIT A RESOLUTION NO. _r Co 0 5 =m omwm wm c;im ++ w 0. 4c.,r3cOc ©00 m « +4 422141: 60 eo 2 " o o = C m �p 0 M 010, c• � : re f., t = O , = 5 = 4) 71 . 0 w m 00 .1- = co m •~ co w .1 fA Z O O :21i no p 4 o 0 m 0 = m w r. m m ©'= *" m m W 63 0113) M Ol w ,a t0 .i w `a O r- U � a o � m c v= mClimwMo me m �f V1 W O = p 0 2 :1 : : 61502 ,1; : m = _ = mN 45. gm ° ° m 3 = ota c Cl) m = •p1L +-' wa o v = tDo � "t0X0 O o. �' 0 .c caw.. 3 'CZ ov 'rr m0 c cw am c "- ZoAdmlimm Lom a � o oo • u m m msw •5,o° ww • 3 m cwt ego 0 0 ;c - w 3741- caoO0d `—c° rm "°-1 voi 00 5 ; .E5 L � q c m os ms 4i; 4.7, m0 65tZ, tog ° 0 ` g sc m 2 w oowW o w, 5 ... co ,cNo CM � To 0 0 w OM ++ m oiO �„> > a 0 m O c _ mw w = 04.. 0 0 am = omomdaco , c ea c — c - - c3 . Cl) •a w = c ... ea ° mwow .c = c — 0 .O C e c e. o ,c c � o m QZ mw •o= otnw V oZ 2 564. ZONING FILE NO.07-3299 EXHIBIT B RESOLUTION NO. co m s w- m c s •• o o ,_ ✓ W � o - - *IS o t' • m m m 3 't • ! m « w . r,, o o 4„ 0 0 sZ m in s p o o) in-eh 0 m m CO mZ g r5 - O c 0 O O = . O el 3t S. • km co o ++ O N W C mw ea :7 w 0 °' al co 0730 3s w mr Cl) = y 'Cr� - � pa° m w0. a o2 v a ,w O[A C p wcm _5, mm ® fac d3 Nlw oem0 oc. .- ao ° co o 41 - n- mW .o ' sem " ; 2 ea c mac = s o, grim ++ is o W Of0N a " •jm .° =To m o u) o v) w �'.t C ea aoo al ° Norm 0 >mcw ... ea ,mo• w m P. N .. U) *0 a) LO `a C4 HU 0 W V.am mcy a to' • � L ,� wr Ut N w O 0 0 0 C o m w 0)C \ rt., eat— ea F' 0 O c ++ ++ a O ea9, M m .+ w+ 4 1: pc `m 3 ` s = z e/ r. a N — o r a p v I- 0o LZVvyo Cl) ) i 4t 09 564 ZONING FILE NO.07-3299 EXHIBIT C RESOLUTION NO. -`rs s71) •• ` / $A \ ./.... / ; T ' I �• Y C -�� tip\ �0 I" 0 o I CI) - ,� o O h b I % ,-----247=-G , , 1 g''4. .'r,i z, i \ OIC t I •--- - ,, W ,oI nit 2 I X69' �,' i o J 4 461 03 THE S 400.00 FT I 15 Q' I \ -WEST 200.00-.-- • _1 - - 59.42 - ' • ART oF Su vex• 3NcU w(es a Webb,,(r. p L,S. 'fi2.Z(c) dA.d. 6A-1/07 N O 2 C) P O O w Parcel to be Deeded from the Lowe's to the Benedict's (05-17-2007) That part of the Southwest Quarter of the Southwest Quarter of Section 35, Township 118 North, Range 23 West of the 5th Principal Meridian,described as follows: to Commencing at the southwest corner of said Southwest Quarter of the Southwest Quarter; C7 thence easterly, on an assumed bearing of EAST, along the south line of said Southwest Quarter of the Southwest Quarter a distance of 883.74 feet; thence North 48 degrees 30 minutes 00 seconds West a distance of 755.95 feet; thence South 51 degrees 32 minutes 25 seconds West to the east line of the west 250.00 feet of said Southwest Quarter of the Southwest Quarter and the point of beginning of the parcel to be described; thence South 51 degrees 32 minutes 25 seconds West to the north line of the south 400.00 feet of said Southwest Quarter of the Southwest Quarter; thence easterly along said north line to said 0 east line; thence northerly to the point of beginning and there terminating. '-3 O O C.3i 0\ .,fa O O triParcel to be Deeded from Benedict's to the Lowe's (05-17-2007) That part of the Southwest Quarter of the Southwest Quarter of Section 35, Township 118 North, to Range 23 West of the 5th Principal Meridian,described as follows: trf Commencing at the southwest corner of said Southwest Quarter of the Southwest Quarter; thence easterly, on an assumed bearing of EAST, along the south line of said Southwest Quarter of the Southwest Quarter, a distance of 883.74 feet; thence North 48 degrees 30 minutes 00 seconds West a distance of 755.95 feet to the point of beginning of the parcel to be described; thence North 48 degrees 30 minutes 00 seconds West to the east line of the west 250.00 feet of said Southwest Quarter of the Southwest Quarter; thence southerly along ti, said east line to the intersection with a line that bears South 51 degrees 32 minutes 25 O seconds West from the point of beginning; thence northeasterly to the point of beginning and C there terminating. y °z 0 cs.