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Home My Public Portal About2023-105 Reso Herman Clarke Lot SplitResolution No. 2023-105 November 21, 2023 Member DesLauriers introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-105 RESOLUTION APPROVING LOT SPLIT OF PROPERTY LOCATED SOUTHWEST OF 1248 HIGHWAY 55 WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Paul E. Hermann and Robert M. Clarke (collectively, the “Owners”) each own an undivided ½ interest of a strip of property located north of Highway 55 and east of Arrowhead Drive (the “Property”), legally described in Exhibit A, attached hereto; and WHEREAS, the Property is bisected by Meander Road, a public roadway and the City has established different land use guiding and zoning designations for the portion of the Property north of Meander Road and south of Meander Road; and WHEREAS, Medina Ventures, LLC (the “Applicant”) intends to acquire the portion of the Property south of Meander Road and include it in the final plat of Meander Park and Boardwalk (the “Plat”); and WHEREAS, the Applicant has concurrently requested final approval of the Plat and has requested that the lot split of the Property be effectuated in coordination with recordation of the Plat, such that practical combined effect of the lot split and Plat does not result in additional parcels; and WHEREAS, on October 10, 2023, the Planning Commission held a duly noticed public hearing, reviewed the information provided by the Applicant and City staff, heard testimony from interested parties, and recommended approval of the lot split subject to a series of terms and conditions; and WHEREAS, on November 8, 2023, the City Council reviewed the lot split, considered the recommendation of the Planning Commission and heard additional testimony; and WHEREAS, subject to the fulfillment of the conditions noted below, the City Council makes the following findings of fact regarding the proposed lot split based on the requirements of the Subdivision Ordinance: a. The proposed lot split is not in conflict with the Comprehensive Plan and is not premature for consideration. b. The subdivision is appropriate for the physical conditions on the site including the topography, storm water, natural resources, and soils. Resolution No. 2023-105 November 21, 2023 c. The Property is bisected by Meander Road and the portions north and south of Meander Road are zoned differently. The Property does not meet the minimum dimensional standards of either zoning district. The proposed lot split is conditioned on the southern portion of the Property being combined with an adjoining plat, which practically improves conformity and serves the purposes of the city zoning and subdivision regulations. d. The proposed lot split is not likely to cause substantial environmental damage. e. The proposed lot split is not likely to be injurious to public health. f. The proposed lot split and its improvements will not conflict with public or private streets, easements, or right-of-ways. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the lot split such that the resulting parcels shall be legally described as shown in Exhibit B, attached hereto, subject to the following conditions: 1) The lot split of the Property shall only be effectuated in coordination with the recordation of the Meander Park and Boardwalk plat. 2) The Owners and Applicant acknowledge that the proposed division results in two parcels which do not meet minimum dimensional standards and which are not buildable without being combined with additional land. The division is nevertheless approved at the request of the Owners and Applicant in-lieu of platting the parcels as outlots. 3) Park dedication shall be deferred for this division until subsequent platting/subdivision of the parcels. 4) The Owners and Applicant shall abide by the requirements of the City Attorney related to title matters and recording instructions, including but not limited to those deemed necessary to facilitate the recordation of this lot split in conjunction with the Meander Park and Boardwalk plat. 5) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the lot split and other relevant documents. 6) The lot split shall be effectuated within 180 days of the date of this resolution or the approval shall be considered void, unless a written request for time extension is submitted by the Applicant and approved by the City Council. Dated: November 21, 2023. Kathleen Martin, Mayor ATTEST: Caitlyn Walker, City Clerk Resolution No. 2023-105 November 21, 2023 The motion for the adoption of the foregoing resolution was duly seconded by member Albers and upon vote being taken thereon, the following voted in favor thereof: Albers, DesLauriers, Martin And the following voted against same: (Absent: Cavanaugh, Reid) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023-105 November 21, 2023 EXHIBIT A Existing Legal Description of the Property Prior to Lot Split Resolution No. 2023-105 November 21, 2023 EXHIBIT B Proposed Legal Descriptions After the Lot Split Parcel North of Meander Road That part of Government Lot 4, Section 2, Township 118, Range 23 lying and being south of the following described line: Commencing at a point on the East Line of Government Lot 4, Section 2, Township 118, Range 23, 400 feet north of the Southeast Corner of said Government Lot 4, thence west on a line parallel to the South line of said Government Lot 4 a distance of 1000 feet to a point; thence southwest to the Southwest corner of said Government Lot 4 and there ending; Excepting the East 220 feet thereof. And The East 220 feet as measured along the South line of Government Lot 4 of the following described parcel: That part of Government Lot 4, Section 2, Township 118, Range 23, Hennepin County, Minnesota lying and being south of the following described line: Commencing at a point on the East line of Government Lot 4, Section 2, Township 118, Range 23, 400 feet north of the Southeast corner of said Government Lot 4; thence west on a line parallel to the South line of said Government Lot 4 a distance of 1000 feet to a point; thence southwest to the Southwest corner of said Government Lot 4 and there ending. And That part of the East 60.00 feet of the East Half of the Southwest Quarter of the Southwest Quarter of Section 2, Township 118, Range 23, Hennepin County, Minnesota lying northerly of a line describes as commencing at the southeast corner of said Southwest Quarter of the Southwest Quarter; thence North 00 degrees 16 minutes 12 seconds East, assumed bearing, along the east line of said Southwest Quarter of the Southwest Quarter a distance of 518.85 feet to the point of beginning of the line to be described; thence North 87 degrees 21 minutes 24 seconds West a distance of 13.70 feet; thence southwesterly, westerly and northwesterly 70.66 feet along a non-tangential curve concave to the north having a radius of 45.93 feet and a central angle of 88 degrees 08 minutes 28 seconds, the chord of said curve bears North 87 degrees 21 minutes 24 seconds West and there terminating. (Being Registered Land) Parcel South of Meander Road That part of the East 60.00 feet of the East Half of the Southwest Quarter of the Southwest Quarter of Section 2, Township 118, Range 23, Hennepin County, Minnesota lying southerly of a line describes as commencing at the southeast corner of said Southwest Quarter of the Southwest Quarter; thence North 00 degrees 16 minutes 12 seconds East, assumed bearing, along the east line of said Southwest Quarter of the Southwest Quarter a distance of 518.85 feet Resolution No. 2023-105 November 21, 2023 to the point of beginning of the line to be described; thence North 87 degrees 21 minutes 24 seconds West a distance of 13.70 feet; thence southwesterly, westerly and northwesterly 70.66 feet along a non-tangential curve concave to the north having a radius of 45.93 feet and a central angle of 88 degrees 08 minutes 28 seconds, the chord of said curve bears North 87 degrees 21 minutes 24 seconds West and there terminating. (Being Registered Land) And The East 60.00 feet of that part of the Northwest Quarter of the Northwest Quarter lying north of State Highway Number 55 and being in Section 11, Township 118, Range 23, Hennepin County, Minnesota, excepting that part which lies southwesterly of the following described line: Commencing at the southwest corner of the Southwest Quarter of Section 2, Township 118, Range 23; thence run northerly along the west line of said Southwest Quarter on an assumed bearing of North 00 degrees 04 minutes 04 seconds East for a distance of 379.45 feet (115.655 meters); thence South 34 degrees 59 minutes 05 seconds East for 92.45 feet (28.180 meters) to the actual point of beginning of the line to be described; thence South 69 degrees 59 minutes 37 seconds East for 1443.57 feet (440.00 meters) and said line there terminating. (Abstract Property)