HomeMy WebLinkAboutResolution 93-71City of Lake Elmo
Washington County, Minnesota
Resolution 93- 71
A Resolution Granting a Minor Subdivision to
Danny and Gail Collyard and Ronald and Grace Colisimo;
and Variance to Length of cul -de -sac
WHEREAS, Danny and Gail Collyard and Ronald and Grace Colisimo and
Anthony and Alice Maistrovich made application to the City of Lake Elmo for a minor
subdivision pursuant to Section 401.042 of the Lake Elmo Municipal Code, and a
Variance to the length of a cul -de -sac pursuant to Section 401.380 B of the Lake Elmo
Municipal Code of the following described parcel of land.
That part of Government Lot 5, Section 9, Township 29 North,
Range 21 West, described as follows: Gommencingat the
intersection of the East line of said Government Lot 5, with
the center -line of Lot 8, a 66 foot wide street in Krause's
Addition; thence Westerly along said center -line 490.0 feet
to the point of beginning; thence continuing on the same
center -line 78.43 feet to a point; thence on a curve to the
right, the center -line of a 66 foot wide roadway easement,
having a radius of 201.85 feet for a distance of 252.95 feet
to a point; thence continuing on center -line of said easement
on a bearing of North 19 degrees 04 minutes West, 365.73 feet
to a point; thence continuing on center -line of said easement
on bearing of North 21 degrees 16 minutes West 254.59 feet and
there terminating at a point in the Northerly Line of said
Government Lot 5, said point being 341.46 feet East of the
Northwest corner of said Government Lot 5; thence on a bearing
of South 89 degrees 28 minutes 36 seconds East along said
Northerly line 488.54 feet to a point; thence on a bearing of
South 0 degrees 21 minutes 39 seconds West 713 feet to the
paint of beginning, and containing 5 acres, more or less,
excluding the 33 feet wide 1/2 of the 66 feet wide easement
for roadway purposes, as the centerline is described along
the Southerly and Westerly limits of the above described
parcel. According to the United States Government Survey
thereof.
WHEREAS, the Lake Elmo Planning Commission considered the request for a
minor subdivision and variance for length of a cul -de -sac at a public hearing held on
September 27, 1993; and
WHEREAS, the Lake Elmo City Council reviewed the recommendations of the
Planning Commission, reviewed staff reports and heard all those who wished to
address the issue of a minor subdivision at the Council Meeting held on the 5th day of
October, 1993, and has determined that the application for a minor subdivision is in
compliance with the regulations of the City.
WHEREAS, the Lake Elmo City Council reviewed the recommendations of the
Planning Commission, reviewed staff reports and heard all those who wished to
address the issue of the variance for length of cul -de -sac at the Council Meeting held
on the 5th day of October, 1993 and has determined that the application for a variance
to the length of a cul -de -sac meets the criteria set forth in the Lake Elmo Municipal for
granting variances.
NOW, THEREFORE, BE IT RESOLVED that a minor subdivision is hereby
granted and said minor subdivision shall result in the following described parcels:
PARCEL A
That part of Government Lot 5 of Section 9, Township 29 Forth, Range 21 West,
Washington County, Minnesota described as follows:
Commencing at the intersection of east line of said Government Lot 5 and the
center line of Lot 8 of KRAUSE'S ADDITION, according to the plat on file in the
office of the County Recorder, Washington County, Minnesota.; thence South 87
degrees 10 minutes 13 seconds West, assumed bearing, along said center line
490.00 feet; thence North 01 degree 35 minutes 45 seconds West 33.01 feet to the
north liege of said Lot 8, also being the southwest corner of Block. 1 of
SPRINGBORN'S GREEN ACRES, according to the plat on file in the office of said
County Recorder, and the southeast corner of the tract described in Document
No. 387708 as recorded in said office of the County Recorder; thence continue
North 01 degree 35 minutes 45 seconds West along the east line of said tract and
along the west line of said Bloch 1 a distance of 372.70 feet to the point of
beginning; thence South 88 degrees 40 minutes 00 seconds West 334.58 feet to the
westerly line of said tract described in Document No. 387708 and the easterly line
of Isle Avenue as monumented and described in Document No. 452638, as recorded
in said office of the County Recorder; thence North 21 degrees 13 minutes 01
second West along said easterly line 85.08 feet, thence North 23 degrees 24
minutes 45 seconds West along said easterly line 258.44 feet to the north line of
said Government Lot 5 and the southerly line of SPRINGBORN'S GREEN ACRES 2ND
ADDITION, according to the plat on file in said office of the County Recorder;
thence North 88 degrees 10 minutes 00 seconds East along said north line =459.19
feet to the northeast corner of said tract described in Document No. 387708 and
said west line of Block 1; thence South 01 degree 35 minutes 45 seconds East
along said east lime 319.50 feet to the point of beginning, containing 2.90 acres,
more or. less.
Subject to a road easement for a temporary turn - around over that part thereof
lying within a 60.00 foot radius circle, the center of said 60.00 foot radius circle
is 60.00 feet south of the north line of said Government Lot 5, as measured at
a right angle to said north line, and at the intersection with a line which is 33.00
feet westerly of the westerly line of said parcel, as measured at a right angle
to said westerly line.
r:
That part of Government Lot 5 of Section 9, Township 29 North, Range 21 West,
Washington County, Minnesota, described as follows:
Commencing at the intersection of east line of said Government Lot 5 and the
center line of Lot 8 of KRAUSE'S ADDITION, according to the plat on file in the
office of the County Recorder, Washington County, Minnesota; thence South 87
degrees 10 minutes 13 seconds West, assumed hearing, along said center line
490.40 feet; thence North 01 degree 35 minutes 45 seconds West 33.041 feet to the
north line of (�sga9i'9d�1 Lots 8, also being the southwest corner of Block. 1 of
SFRINGBCRN'S GREEN ACRES, according to the plat on file in the office of said
County Recorder, and the southeast corner of the tract described in Document
No. 387708 as recorded in said office of the County Recorder and point of
beginning; thence continue North 01 degree 35 minutes 45 seconds West along the
east line of said tract and along the west line of said Block. 1 a distance of
372.70 feet; thence South 88 degrees 40 minute's 00 seconds West 334.58 feet to
the westerly of said tract described in Document No. 387708 and the easterly line
of Isle Avenue as monumented and described in Document No. 452638, as recorded
in said office of the County Recorder; thence South 21 degrees 13 minutes 01
second East along said easterly line 281.11 feet; thence southeasterIy and easterly
along said easterly line of isle Avenue and the westerly and southerly line of
said tract and along a tangential curve, concave to the northeast, having a
radius of 167.39 feet and a central angle of 71 degrees 36 minutes 46 seconds a
distance of 209.22 feet to the north line of said Lot 8; thence North 87 degrees
10 minutes 13 seconds East along said north line of Lot 8 and said southerly line
78.92 feet to the point of beginning, containing 2.24 acres, more or less.
BE IT FURTHER RESOLVED, that this minor subdivision is conditioned as
follows:
By agreement of the applicants, Colosimo's will execute a Development
Contract, pursuant to City regulations, for the southerly extension of
Isle Avenue as illustrated on a Certificate of Survey dated June 25, 1993,
and prepared by Bruce A. Folz and Associates. The form of Development
Contract shall be approved by the City Attorney and shall incorporate plans
and specifications prepared by the City's consulting engineer. The
Development Contract shall require Colosimo's to submit security to insure
compliance with the terms of the Development Contract. The form of
security shall be approved by the City Attorney and the amount of security
shall be determined by the City's consulting engineer.
2. Applicants shall provide the City with temporary construction easements
and permanent street and utility easements prior to the execution of
construction contracts for the improvement. Easement areas shall be as
required by the City's consulting engineer and shall be in a format approved
by the City Attorney. Applicants shall provide evidence of title for all
easement areas.
3. All costs, of whatever kind, incurred for the construction of the Isle Avenue
extension; preparation of descriptions for easements and conveyance of
easements including recording fees; and for City Administrative overhead
and consulting services shall be the sole responsibility of Colosimo's.
Co|osiF0o's shall pay a Park Dedication Fee in the amount of $700 for
the newly created lot.
5~ The address of the existing home at 8896 Jane Road N. be changed to
5011 Isle Avenue North.
BE>T FURTHER RESOLVED that a Variance t0 the length Cfacu|'d8'3acis
hereby granted for the following reasons:
1. The variance will facilitate the construction ofa0 improvement ofapVbUdv
dedicated hOht-o�vvayvVhichin turn wiUprovide anlorereasonable access
bJphV@teprOpe�yhVDl8 maintained public hgh�o�vvay rather than a||o—�g
o long phVatedrivevvaytobe located vvithinanuDiOnproved dedicated p/ !i`
right-of-way,
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2. The variance and the construction Of the coordinated improvement project
will facilitate a legal settlement of a private civil dispute in an economical
manner and will beiD keeping with the suggestions 0f the Washington
County District Court,
3. The variance will not appreciably extend an already existing cul-de-sac.
4. The variance /a the practical minimum required to alleviate any hardship.
5. The variance will allow Co||yBrd'Sa more direct access from a public hght'
ot'm/ayiRthesa0enl@ODeraSOtheraCcesSeSfro[nirDpnOvedpub/iCrights-
of ways within the immediate neighborhood,
Adopted bythe Lake Elmo Cib/<��
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Mary Kueffnk�, City Administrator