HomeMy WebLinkAboutResolution 2004-62 - Amending Building Rights Map - Baumeister 2nd Addition , K
City of Corcoran
County of Hennepin
State ofMinnesota
RESOLUTION NO. 2004 - 62
Motion By: GAGEBY
Seconded By: THOMAS
AMENDING BUILDING RIGHTS MAP FOR OUTLOT A, BAUMEISTER 2ND ADDITION
WHEREAS. Sadat and Patricia Kahn have requested a building rights map amendment
regarding the property legally described as follows:
Outlot A, Baumeister 2" Addition
WHEREAS, the City Council finds a possible discrepancy in the building rights map,
WHEREAS, the City Council reviewed the request and recommends approval, of the map
amendment, and;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORCORAN, MINNESOTA, that it should and hereby does approve the request by Sadat and
Patricia Kahn to amend the building rights map, subject to the following findings and conditions:
1. An amendment to the building rights map is approved to allow one additional building
right on Outlot A, Baumeister 2nd Addition. The additional building right will allow
subdivision of Outlot A for one additional home.
2. A maximum of two lots shall be permitted to be created from Outlot A.
3. No subdivision is approved at this time. The property must be platted to allow
subdivision in compliance with ordinance requirements. No buildings are permitted on
outlots.
4. The property is unique in that a driveway agreement dated August 9, 1991 was
approved by the City and filed at Hennepin County (document#5816572). Furthermore:
a. The driveway agreement indicates that building permits will be issued for Outlot
A and certain other properties.
b. The landowners have inferred that this document grants additional building rights
to Outlot A.
c. The City finds that the language in the document only ensures that permits will
be issued for certain properties as outlined in the driveway agreement.
d. The City finds that building permits and building rights are different legal terms
and building permits do not confer additional building permits.
e. The City finds that driveway agreement cannot and do not confer building rights.
f. However, the City also finds that this driveway agreement and the supporting
documentation are somewhat unclear. In this unique circumstance, the City finds
in favor of the landowner and grants one additional building right on Outlot A.
. w
City of Corcoran
County of Hennepin
State of Minnesota
VOTING AYE VOTING NAY
)( Bucher,John Bucher, John _
ZC Gageby, David Gageby, David
�( Guenthner, Ken Guenthner, Ken
Lymangood, Chuck Lymangood, Chuck _
-4 Thomas, Ron Thomas, Ron _
Whereupon, said Resolution is hereby declared passed.
Dated this 12th day of August, 2004
Kenneth Guenthner, Mayor
ATTEST:
■.1!'
Kary Till ann, City Clerk City Seal
\1Pdsecl\public\CityHall\Office971 2000\Word\Resolutions\Resoiutions 2004\Res.No.2004-62 Baumeister Bldg Right.doc