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HomeMy Public PortalAbout1992-017Member 7Th/'P5 introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. RESOLUTION GRANTING DEVELOPMENT PLAN AND SITE PLAN APPROVAL TO DALE HAROLD JOHNSON AND DEBORAH CLARK JOHNSON AND HAROLD L. JOHNSON AND DOROTHY L. JOHNSON WHEREAS, Dale Harold Johnson and Deborah Clark Johnson are the owners of certain property located in Hennepin County, Minnesota and hereinafter known as the West Lot, which property is legally described as follows: Tract A, Registered Land Survey No. 1210, Files of Registrar of Titles, County of Hennepin, except that part thereof lying East of the following -described line and its Northerly extension: Commencing at the most Southerly corner of Tract B, said registered land survey; thence Northwesterly along the Easterly line of said Tract A a distance of 224.88 feet to an angle point in said Easterly line thence Northeasterly along said Easterly line a distance of 13 feet to the point of beginning of the line being described thence deflecting left 64 degrees 20' to the North line of said Tract A and there ending; and WHEREAS, Harold L. Johnson and Dorothy L. Johnson are the owners of certain property located in Hennepin County, Minnesota and hereinafter known as the East Lot, which property is legally described as follows: That part of Tract A, Registered Land Survey No. 1210, Files of Registrar of Titles, County of Hennepin, lying East of the following described line and its Northerly extension: Commencing at the most Southerly corner of Tract B , said registered land survey; thence Northwesterly along the Easterly line of said Tract A a distance of 224.88 feet to an angle point in said Easterly line; thence Northeasterly along said Easterly line a distance of 13 feet to the point of beginning of the line being described; thence deflecting left 64 degrees 20' to the North line of said Tract A, and there ending. and WHEREAS, Dale Harold Johnson and Deborah Clark Johnson, husband and wife; and Harold L. Johnson and Dorothy L. Johnson, husband and wife are hereinafter collectively referred to as the Owners; and REE30708 ME230-82 WHEREAS, the Owners have and intend to continue to use and develop the West Lot and the East Lot in a unified manner and have requested permission to utilize the land in accordance with the approved development plan and site plan; and WHEREAS, the Owners have requested clarification of the City's approval of the division of the West Lot from the East Lot; and WHEREAS, the planning commission and city council have reviewed the proposed development plan and site plan for conformance with the provisions of Sections 827.27 et seq. (PUD Ordinance) and Sections 820.01 et seq. (Subdivision Ordinance) of the Medina Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina that the City makes the following findings with regard to the Owners' request: 1. The development plan and site plan are compatible with the standards, purposes and intent of the PUD ordinance; 2. The development plan and site plan are consistent with the goals and policies of the City's comprehensive plan; 3. Approval of the development plan and site plan will not have a detrimental affect on adjacent property but PUD zoning and a PUD Agreement are necessary because: (a) The West Lot and East Lot are under separate ownership but have been developed and are utilized as a single development site; (b) The West Lot and the East Lot were the subject of a 1984 lot division approved by the City which did not divide the property in the manner now desired by the Owners; and (c) It is necessary to insure that there is adequate access to the East Lot over the West Lot; and 4. The development plan and site plan provide for adequate internal site organization, uses, densities, circulation, parking, open space, buffering and landscaping; NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Medina as follows: 5. The Applicant's development plan and site plan are approved in the form attached hereto as Exhibit A. The Owners are hereby granted permission to RH830708 ME230-82 2 utilize the West Lot and the East Lot only in strict compliance with the development plan and site plan; 6. The Property is rezoned PUD-I upon adoption of an ordinance in the form attached hereto as Exhibit B; 7. Approval of the development plan and site plan and rezoning of the Property to PUD-I are conditioned upon execution of a PUD Agreement in the form attached hereto as Exhibit C. The Owners are hereby granted permission to utilize the West Lot and the East Lot only in strict compliance with the PUD Agreement; 8. The City reaffirms approval of the division of the West Lot from the East Lot in accordance with the legal descriptions contained in Exhibit D. 9. Approval of the development plan and site plan are conditioned upon receipt by the City of easements in the forms attached hereto as Exhibits E1 and E2. 10. Approval of the development plan and site plan is conditioned upon payment by the Owners of the administrative fees owned to the City for reviewing this request. Dated: »):24CA• / , 1992. ATTEST: aura Mon oe, Acting Clerk -Treasurer Oary i Acromife, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member !`1 r'tteim l l and upon vote being taken thereon, the following voted in favor thereof : 71 e S , / fi (I `P//,,/ Z wag, and the following voted against same: /1Ur1 e -flbse = S6/1 rfr Whereupon said resolution was declared duly passed and adopted. RHB30708 ME230-82 3 A permanent easement tor driveway purposes over and across TRACT A, REGISTERED LAND SURVEY NUMBER 1210, Hennepin County, Minnesota. said easement is described as follows: Beginning at the most southerly corner of Tract B, said registered land survey; thence northwesterly along the easterly line of said Tract A a distance of 224.88 feet to an angle point in said easterly line; thence northeasterly along said easterly line a distance of 13.00 feet; thence deflecting to the left 64 degrees 20 minutes a distance of 110.00 feet; thence deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 71.72 feet; thence deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 129.30 feet; thence deflecting to the left 25 degrees 40 minutes 00 seconds a distance of 243.92 feet to the most southeasterly line of said Tract A; thence northeasterly along the most southeasterly line of said Tract A, a distance of 60.24 feet to the point of beginning. This easement is appurtenant to that part of Tract A, Registered Land Survey No. 1210, Files of Registrar of Titles, County of Hennepin, lying East of the following - described line and its Northerly extension: Commencing at the most Southerly corner of Tract B, said registered land survey; thence Northwesterly along the Easterly line of said Tract A a distance of 224.88 feet to an angle point in said Easterly line; thence Northeasterly along said Easterly line a distance of 13 feet to the point of beginning of the line being described; thence deflecting left 64 degrees 20 minutes to the North line of said Tract A, and there ending. EXHIBIT A