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HomeMy WebLinkAboutCity Council Resolution 1998-203CITY OF PLYMOUTH RESOLUTION 98-203 APPROVING LOT DIVISION/LOT CONSOLIDATION AND VARIANCE FOR DANIEL AND ANN MARIE ARNOLD FOR PROPERTY LOCATED AT 1745 TROY LANE NORTH AND 1755 TROY LANE NORTH (98004) WHEREAS, an application has been filed by Daniel and Ann Marie Arnold which requests approval of a lot division and lot consolidation at 1745 Troy Lane and 1755 Troy Lane, as legally described on Attachment One, attached hereto and hereby made a part hereof, and WHEREAS, the proposed lot arrangement for which the lot division and lot consolidation is sought is as legally described on Attachment Two, attached hereto and hereby made a part hereof, and WHEREAS, the applicant has also requested approval of a variance to reduce the size of a non -conforming FRD zoned parcel from 1.32 acres to 1.12 acres; and WHEREAS, the Planning Commission has considered the request at a duly called public meeting and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the lot division/lot consolidation and variance for Daniel and Ann Marie Arnold, subject to the following conditions: 1. This approval is for a lot division, lot consolidation and variance for 1745 Troy Lane and 1755 Troy Lane, in accordance with the application and plans received by the City on January 13, 1998. 2. Compliance with the City Engineer's Memo. 3. Submittal of required drainage and utility easement documents as approved by the City Engineer prior to filing of the lot division/lot consolidation with Hennepin County. Resolution 98-203 (98004) Page 2 of 9 4. A driveway easement must be maintained for any portion of the driveway that continues to be shared between the subject lots. 5. Prior to filing of the lot division/lot consolidation with Hennepin County, the applicant shall provided the City with a ponding easement to the 100 -year high water elevation of Mooney Lake (990.0') for the property at 1755 Troy Lane Lane. 6. If the property is Torrens, a Duplicate Certificate of Title is required for recording of the easements. 7. The Variance allows the lot area of 1745 Troy Lane to be reduced from 1.32 acres to roughly 1.13 with the findings that: a) The circumstances relating to the proposal are somewhat unique due to the lot arrangement with the driveway easement. This condition was not created by the current landowners. b) The variance is not based upon a desire to increase the value or income potential of the land. c) The granting of the variance would not be detrimental to the public welfare. d) The granting of the variance would not have adverse impacts on surrounding properties, because many nearby lots are roughly the same size as the resulting lots. Adopted by the City Council on April 1, 1998. Resolution 98-203 (98004) Page 3 of 9 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on April 1, 1998 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Resolution 98-203 (98004) Page 4 of 9 ATTACHMENT ONE (EXISTING LEGAL DESCRIPTIONS) PARCEL A (1745 Troy Lane North) Land situated in the County of Hennepin and State of Minnesota, to wit: That part of Tract B, Registered Land Survey No. 854, lying Easterly of a line and extensions thereof, beginning at a point on the Northwesterly line of said Tract B, 212.73 feet Southwesterly from the most Northerly corner thereof, to a point on the Southerly line of said Tract B, 230.50 feet West of the Southeast corner thereof and there ending, Files of Registrar of Titles, County of Hennepin. Together with a non-exclusive easement for private roadway purposes in connection with the occupancy of Tracts B, C, D and part of J, over Tracts H and I said Registered Land Survey as shown in deed Doc. Nos. 627903, 652946 and 674607, Files of Registrar of Titles; (See Inst) Portion of Government Lot 3 and accretions thereto is subject to a roadway easement as contained in deed dated August 31, 1949, recorded in Book 1823 of Deeds, page 571; (Now described as Tract I, RLS No. 854) The East 33 feet of Government Lot 5 and accretions thereto is subject to a private roadway easement as reserved in the deed dated July 5, 1952 and recorded in Book 1947 of Deeds, page 230; (Now described as Tract H, RLS No. 854) The portion of Government Lot 3 and accretions thereto and the East 33 feet of Government Lot 5 and accretions thereto are subject to a private roadway easement and incidental rights and obligations, all as set forth in that certain easement agreement dated March 1, 1955, recorded in Book 2038 of Deeds, page 600, as subsequently amended by an agreement dated June 28, 1957, and recorded in Book 2154 of Deeds, page 580; (Said Roadway now Tracts H and I, RLS No. 854) Subject to agreements as shown in deed Doc. No. 674607, Files of Registrar of Titles. PARCEL B (1755 Troy Lane North) Land situated in the County of Hennepin and State of Minnesota, to wit: That part of Tract B, Registered Land Survey No. 854, lying Westerly of a line and extensions thereof beginning at a point on the Northwesterly line of said Tract B, 212.73 feet Southwesterly from the most Northerly corner thereof, to a point on the Southerly Resolution 98-203 (98004) Page 5 of 9 line of said Tract B, 230.50 feet West of the Southeast corner thereof and there ending, Files of Registrar of Titles, County of Hennepin. Together with a non-exclusive easement for private roadway purposes in connection with the occupancy of Tracts B, C, D and part of J over Tracts H and I, said Registered Land Survey as shown in deed Doc. Nos. 627903, 652946 and 674607, Files of Registrar of Titles; (See Inst) Subject to a roadway easement as contained in deed dated August 21, 1949, recorded in Book 1823 of Deeds, page 571 as to portion of Government Lot 3 and accretions thereto; (Now described as Tract I, Registered Land Survey No. 854) Subject to a private roadway easement as reserved in the deed dated July 5, 1952 and recorded in Book 1947 of Deeds, page 230 as to the East 33 feet of Government Lot 5 and accretions thereto; (Now described as Tract H, Registered Land Survey No. 854) Subject to a private roadway easement and incidental rights and obligations, all as set forth in that certain easement agreement dated March 1, 1955, recorded in Book 2038 of Deeds, page 600 as subsequently amended by an agreement dated June 28, 1957 and recorded in Book 2154 of Deeds, page 580 as to the portion of Government Lot 3 and accretions thereto and the East 33 feet of Government Lot 5 and accretions thereto; (Said roadway now Tracts H and I, Registered Land Survey No. 854) Subject to agreements as shown in deed Doc. No. 674607, Files of Registrar of Titles; Subject to an easement for lake access over that part of said Tract B described as follows: Beginning at a point on the Southerly line of said Tract B, 230.50 feet Westerly of the Southeast corner thereof, thence Westerly along said Southerly line to the most Westerly corner thereof, thence Southwesterly along the Northwesterly line of said Registered Land Survey to the shore of Mooney Lake; thence Northwesterly along said shore to its intersection with an extension Westerly of a line drawn parallel with and 10 feet at right angles Northerly of the Southerly line of said Tract B to the Westerly line of land hereinabove described; thence Southerly to the point of beginning as shown in deed Doc. No. 960432, Files of Registrar of Titles. Note: The parcel designations used herein are f )r convenience only and do not represent an integral part cif the legal descriptions. Resolution 98-203 (98004) Page 6 of 9 ATTACHMENT TWO (PROPOSED LEGAL DESCRIPTIONS) PARCEL A (1745 Troy Lane North) Land situated in the County of Hennepin and State of Minnesota, to wit: That part of Tract B, Registered Land Survey No. 854, lying Easterly of a line and extensions thereof, beginning at a point on the Northwesterly line of said Tract B, 212.73 feet Southwesterly from the most Northerly corner thereof, to a point on the Southerly line of said Tract B, 230.50 feet West of the Southeast corner thereof and there ending, Files of Registrar of Titles, County of Hennepin. Together with a non-exclusive easement for private roadway purposes in connection with the occupancy of Tracts B, C, D and part of J, over Tracts H and I said Registered Land Survey as shown in deed Doc. Nos. 627903, 652946 and 674607, Files of Registrar of Titles; (See Inst) Portion of Government Lot 3 and accretions thereto is subject to a roadway easement as contained in deed dated August 31, 1949, recorded in Book 1823 of Deeds, page 571; (Now described as Tract I, RLS No. 854) The East 33 feet of Government Lot 5 and accretions thereto is subject to a private roadway easement as reserved in the deed dated July 5, 1952 and recorded in Book 1947 of Deeds, page 230; (Now described as Tract H, RLS No. 854) The portion of Government Lot 3 and accretions thereto and the East 33 feet of Government Lot 5 and accretions thereto are subject to a private roadway easement and incidental rights and obligations, all as set forth in that certain easement agreement dated March 1, 1955, recorded in Book 2038 of Deeds, page 600, as subsequently amended by an agreement dated June 28, 1957, and recorded in Book 2154 of Deeds, page 580; (Said Roadway now Tracts H and I, RLS No. 854) Subject to agreements as shown in deed Doc. No. 674607, Files of Registrar of Titles; And excepting therefrom that part of the following described property: That part of Government Lot 3, section 30, Township 118, Range 22, described as follows: Beginning at the point of intersection of the centerline of Tract I, Registered Land Survey No. 854, with the Northwesterly line of said Registered Land Survey; thence Northwesterly on a line forming an angle in the Westerly quadrant of 85 degrees and 45 minutes with said Northwesterly line, a distance of 160 feet; thence deflecting right 14 degrees a distance of 48.1 feet; thence deflecting left 97 degrees, 28 minutes and 48 Resolution 98-203 (98004) Page 7 of 9 seconds a distance of 126.71 feet; thence Southerly to a point on the Northwesterly line of said Registered Land Survey distant 229.27 feet Southwesterly from the point of beginning; thence Northeasterly along said Northwesterly line to the point of beginning. Which lies Northerly and Northwesterly of a line described as follows: Commencing at the point of intersection of the centerline of said Tract I with the Northwesterly line of said Registered Land Survey No. 854; thence Northwesterly, along the Northeasterly line of the tract hereinabove described a distance of 110.00 feet, to a point hereinafter referred to as "Point A"; thence continuing Northwesterly, along the last described course, a distance of 19.00 feet, to a point hereinafter referred to as "Point B"; thence Westerly, deflecting to the left 56 degrees 52 minutes 00 seconds, to the Westerly line of the tract of land hereinabove described, said point hereinafter referred to as "Point C"; thence Southerly, along said Westerly line, a distance of 36.00 feet, to the point of beginning of the line to be described; thence Easterly, along a line passing through the above referenced "Point A," to a point distant 74.00 feet Westerly from said "Point A"; thence Northeasterly, to a point on a line drawn between the above referenced "Point B" and "Point C", distant 58.00 feet Westerly from said "Point B"; thence Easterly to said "Point B" and said line there terminating. PARCEL B (1755 Troy Lane North) Land situated in the County of Hennepin and State of Minnesota, to wit: That part of Tract B, Registered Land Survey No. 854, lying Westerly of a line and extensions thereof beginning at a point on the Northwesterly line of said Tract B, 212.73 feet Southwesterly from the most Northerly corner thereof, to a point on the Southerly line of said Tract B, 230.50 feet West of the Southeast corner thereof and there ending, Files of Registrar of Titles, County of Hennepin. Together with a non-exclusive easement for private roadway purposes in connection with the occupancy of Tracts B, C, D and part of J over Tracts H and I, said Registered Land Survey as shown in deed Doc. Nos. 627903, 652946 and 674607, Files of Registrar of Titles; (See Inst) Subject to a roadway easement as contained in deed dated August 21, 1949, recorded in Book 1823 of Deeds, page 571 as to portion of Government Lot 3 and accretions thereto; (Now described as Tract I, Registered Land Survey No. 854) Subject to a private roadway easement as reserved in the deed dated July 5, 1952 and recorded in Book 1947 of Deeds, page 230 as to the East 33 feet of Government Lot 5 and accretions thereto; (Now described as Tract H, Registered Land Survey No. 854) Resolution 98-203 (98004) Page 8 of 9 Subject to a private roadway easement and incidental rights and obligations, all as set forth in that certain easement agreement dated March 1, 1955, recorded in Book 2038 of Deeds, page 600 as subsequently amended by an agreement dated June 28, 1957 and recorded in Book 2154 of Deeds, page 580 as to the portion of Government Lot 3 and accretions thereto and the East 33 feet of Government Lot 5 and accretions thereto; (Said roadway now Tracts H and I, Registered Land Survey No. 854) Subject to agreements as shown in deed Doc. No. 674607, Files of Registrar of Titles; Subject to an easement for lake access over that part of said Tract B described as follows: Beginning at a point on the Southerly line of said Tract B, 230.50 feet Westerly of the Southeast corner thereof, thence Westerly along said Southerly line to the most Westerly corner thereof, thence Southwesterly along the Northwesterly line of said Registered Land Survey to the shore of Mooney Lake; thence Northwesterly along said shore to its intersection with an extension Westerly of a line drawn parallel with and 10 feet at right angles Northerly of the Southerly line of said Tract B to the Westerly line of land hereinabove described; thence Southerly to the point of beginning as shown in deed Doc. No. 960432, Files of Registrar of Titles; Together with that part of the following described property: That part of Government Lot 3, section 30, Township 118, Range 22, described as follows: Beginning at the point of intersection of the centerline of Tract I, Registered Land Survey No. 854, with the Northwesterly line of said Registered Land Survey; thence Northwesterly on a line forming an angle in the Westerly quadrant of 85 degrees and 45 minutes with said Northwesterly line, a distance of 160 feet; thence deflecting right 14 degrees a distance of 48.1 feet; thence deflecting left 97 degrees, 28 minutes and 48 seconds a distance of 126.71 feet; thence Southerly to a point on the Northwesterly line of said Registered Land Survey distant 229.27 feet Southwesterly from the point of beginning; thence Northeasterly along said Northwesterly line to the point of beginning. Which lies Northerly and Northwesterly of a line described as follows: Commencing at the point of intersection of the centerline of said Tract I with the Northwesterly line of said Registered Land Survey No. 854; thence Northwesterly, along the Northeasterly line of the tract hereinabove described a distance of 110.00 feet, to a point hereinafter referred to as "Point A"; thence continuing Northwesterly, along the last described course, a distance of 19.00 feet, to a point hereinafter referred to as "Point B"; thence Westerly, deflecting to the left 56 degrees 52 minutes 00 seconds, to the Westerly line of the tract of land hereinabove described, said point hereinafter referred to as "Point C"; thence Southerly, along said Westerly line, a distance of 36.00 feet, to the point of beginning of the line to be described; thence Easterly, along a line passing through the above referenced "Point A," to a point distant 74.00 feet Westerly from said "Point A"; thence Northeasterly, to a point on a line drawn between the above referenced "Point B" Resolution 98-203 (98004) Page 9 of 9 and "Point C", distant 58.00 feet Westerly from said "Point B"; thence Easterly to said "Point B" and said line there terminating. Subject to and together with an easement for ingress and egress over Tracts H and I, Registered Land Survey No. 854 and that part of said Government Lot 3, which is a strip of land 33 feet wide lying within a distance of 16.5 feet on each side of the following described centerline to -wit: Beginning at the point of intersection of the centerline of said Tract I with the Northwesterly line of said Registered Land Survey; thence Northwesterly along the Northeasterly line of the Tract hereinabove described, a distance of 160 feet; thence deflecting right 14 degrees, a distance of 48.1 feet to the most Northerly corner of said Tract and there ending. Note: The parcel designations used herein are f )r convenience only and do not represent an integral part cif the legal descriptions.