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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ 11. #06-3219 EDSON SPENCER, 1135 SPRING HILL ROAD – SUBDIVISION – RESOLUTION NO. 5500 Robert Fullerton and Bridget Hust, Attorney-at-Law, were present. Turner stated the applicant is requesting approval of a plat to create a second building site, an outlot for a private road and an outlot for wetlands. The applicant is in the process of creating a conservation easement that would keep the new lot vacant forever. The new lot must be a buildable lot to maximize the value of the donation of the conservation easement. An issue is the width of the existing private roadway that serves three existing houses and would serve the house on the new lot. It is paved but only 17 feet wide with no shoulder. Fire Code requires 20 feet. The City’s subdivision regulations would require 24 feet. The Fire Marshal recommends it be widened to 20 feet. The Planning Commission voted 5-0 to recommend approval of the preliminary plat subject to the following conditions: 1. The private roadway remain as is at 17 feet wide, but if the Fire Marshal determines it should be widened, it should be to no more than 20 feet wide. This would constitute a platting variance from the 24-foot wide private roadway requirement. 2. Outlot B being deeded to the property owners association together with a 50-foot easement over Lot 1 to allow creation of a wetland buffer or provision of a road maintenance agreement acceptable to the City. 3. Execution of a “Declaration of Covenants, Conditions, Restrictions and Private Roadway Easement” as well as an easement to the City for road, drainage and utilities over Outlot B. 4. The septic system for the existing house being replaced or the property being served by sewer by December 31, 2007. 5. Approval of the restoration plan for the areas disturbed by driveway construction before a permit is issued for a house on Lot 1. 6. Payment of the park dedication fee and storm water fees for the new lot at a time the Commission determines appropriate. 7. Inclusion on the plat of drainage and utility easements around the perimeter of the two lots and adjacent to Sixth Avenue for Outlot A. Inclusion on the plat of a utility easement over all of Outlot B. 8. Execution of conservation and flowage easements over Outlot A and the wetlands on Lot 1. 9. Compliance with the requirements of the Minnehaha Creek Watershed District. ______________________________________________________________________________ PAGE 10 Item #02 - CC Agenda 09/11/06 Approval Of Minutes 08/28/06[Page 10 of 19]