HomeMy Public PortalAbout2005-040 Resolution Granting Approval of a Lot Consolidation for Dairy QueenMember Weir introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2005-40
RESOLUTION GRANTING APPROVAL OF A LOT CONSOLIDATION FOR
DAIRY QUEEN
WHEREAS, the BA JO Holdings, LLC, ("the Applicant") has requested
approval of a lot consolidation for the .53-acre property, and the .49-acre property
legally described in Exhibit A attached hereto; and
WHEREAS, the lot combination would result in a 1.02-acre parcel described in Exhibit
B attached hereto, which meets code requirements, and
WHEREAS, the lot combination would result in an improved stormwater drainage
solution for the properties; and
WHEREAS, the lot combination would result in reduction of the non -conformities with
impervious surface requirements and lot size requirements for the property located at 752
Hwy 55; and
WHEREAS, the City Council on December 7, 2004 reviewed the application for it's
conformance with the City's ordinances and heard comments from the Applicant and
other interested parties, and
WHEREAS, the Applicant delivered a Declaration of Restrictive Covenants which was
meant to act as a temporary solution, and
WHEREAS, the City Council on June 21, 2005 continued the review for the lot
combination and heard comments from the Applicant and other interested parties.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Medina,
Minnesota that the lot consolidation be granted to BA JO Holdings, LLC for the
properties described above, subject to the following terms and conditions:
1. Park dedication fees must be paid in full, $11,760.00 to the City of Medina.
2. The resolution and survey must be filed with the County Recorder within 60 days
of the date of the City Council resolution granting the lot consolidation 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: June 21, 2005
Resolution No. 2005-40
June 21, 2005 1
Iii
ce D!Workman Mayor
Attest:
e_.( im /1.4„
Chad M. Adams, City Administrator
The motion for the adoption of the foregoing resolution was duly seconded by member
Cavanaugh upon vote being taken thereon, the following voted in favor thereof:
Brinkman, Weir, Workman, Cavanaugh
And the following voted against same: (Absent: Smith)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2005-40
June 21,2005 2
EXHIBIT A
Description of Parcel 6:
That part of Lot 3 of AUDITORS SUBDIVISION NO. 241, Hennepin County,
Minnesota, according to the record plat thereof, that lies:
1) South of the Southerly line of Outlot B of ALPANA ADDITION, according to
the record plat thereof;
2) Westerly of a line that is parallel with the East line of Lot 1, Block 1, MAYER
ADDITION, according to the record plat thereof, drawn southerly from a point on
the southerly line of said Outlot B of ALPANA ADDITION, distant 270.00 feet
Easterly from the intersection of said Southerly line of Outlot B with the East line
of said Lot, 1, Block 1, as measured along said Southerly line of said Outlot B;
and
3) Easterly of a line that is parallel with the East line of said Lot 1, Block 1.
MAYER ADDITION, drawn Southerly from a point on the Southerly line of said
Outlot B of ALPANA ADDITION, distant 140.00 feet Easterly from the
intersection of said Southerly line of Outlot B with the East line of said Lot 1,
Block 1, as measured along said Southerly line of said Outlot B.
Description of Parcel 10:
That part of Lot 3 of AUDITORS SUBDIVISION NO. 241, Hennepin County,
Minnesota, according to the record plat thereof, that lies:
1) South of the Southerly line of Outlot B of ALPANA ADDITION, according to
the record plat thereof;
2) Easterly of the East line of Lot 1, Block 1, MAYER ADDITION, according to the
record plat thereof; and
3) Westerly of a line that is parallel with the East line of said Lot, 1, Block 1,
MAYER ADDITION, drawn Southerly from a point on the Southerly line of said
Outlot B of ALPANA ADDITION, distant 140.00 feet Easterly from the
intersection of said Southerly line of Outlot B with the East line of said Lot 1,
Block 1, as measured along said Southerly line of said Outlot B.
Resolution No. 2005-40
June 21, 2005 3
it
EXHIBIT B
PROPERTY DESCRIPTION:
That part of Lot 3, Auditor's Subdivision Number 241, Hennepin County, Minnesota,
described as follows:
Commencing at a point in the Northerly line of State Highway No. 55 which point is 16
rods Easterly of the intersection of the Easterly line of County Road 116 and the
Northerly line of State Highway No. 55; thence Northerly and parallel with the Easterly
line of County Road No. 116, 165.00 feet; thence Easterly and parallel with the Northerly
line of State Highway No. 55, 140.00 feet; thence Southerly and parallel with the Easterly
line of County Road No. 116, 165.00 feet more or less to the Northerly line of State
Highway No. 55; thence Westerly along the Northerly line of State Highway No. 55;
140.00 feet more or less to point of beginning.
AND
That part of Lot 3, Auditor's Subdivision No. 241, described as follows:
Commencing at a point in the Northerly line of State Highway 55 which point is 404.00
feet Southeasterly from the intersection of the Easterly line of County Road 116 and the
Northerly line of State Highway 55 (measured along Northerly line of State highway No.
55); thence North and parallel with the Easterly line of County Road 116, distant 165.00
feet; thence Southeasterly parallel with the Northerly line of State Highway No. 55
distant 130.00 feet; thence South and parallel with the Easterly line of County Road
No.116 distant 165.00 feet more or less, to the Northerly line of State Highway No. 55;
thence Northwesterly along the Northerly line of State Highway No. 55 distant 130.00
feet, more or less, to the point of beginning.
See drawing No. 1-03-0484 for revised description of parcels.
PROPOSED DRAINGAGE & UTILITY EASEMENTS:
Easement over, under and across the North 5.00 feet, the East 5.00 feet, the West 5.00
feet and the South 10.00 feet of the following described property:
That part of Lot 3, Auditor's Subdivision Number 241, Hennepin County, Minnesota,
described as follows:
Commencing at a point in the Northerly line of State Highway No. 55, which point is 16
rods Easterly of the intersection of the Easterly line of County Road No. 116 and the
Northerly line of State Highway No. 55; thence Northerly and parallel with the Easterly
line of County Road No. 116, 165.00 feet; thence Easterly and parallel with the Northerly
line of State Highway No. 55, 140.00 feet; thence Southerly and parallel with the Easterly
line of County Road No. 116, 165.00 feet more or less to the Northerly line of State
Highway No. 55, thence Westerly along the Northerly line of State Highway No. 55;
140.00 feet more or less to point of beginning.
Resolution No. 2005-40
June 21, 2005 4
AND
That part of Lot 3, auditor's Subdivision No. 241, described as follows:
Commencing at a point in the Northerly line of State Highway No. 55 which point is
404.00 feet Southeasterly from the intersection of the Easterly line of County Road 116
and the Northerly line of State Highway 55 (measured along Northerly line of State
Highway No. 55); thence North and parallel with the Easterly line of County Road
No.116, distant 165.00 feet; thence Southeasterly parallel with the Northerly line of State
Highway No. 55 distant 130.00 feet; thence South and parallel with the Easterly line of
County Road 116 distant 165.00 feet more or less, to the Northerly line of State Highway
No. 55; thence Northwesterly along the Northerly line of State Highway No. 55 distant
130.00 feet, more or less, to the point of beginning.
Resolution No. 200540
June 21, 2005 5