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osed Lots 2 and 3 P/i°^e°way'^ov%rth” neighb«^1 an easement shared dri Y ^ Baysideproperty between Lota 2^^J 200' lot width^chnically tequites a outlet that Provides itd since it does not a However, each ofaccess to a public roa * 2OO' width at theBoth L^rs 2 and 3 excesd 200' In both wldt <br />th dimensions. <br />,,tvate access eanenent ln^ „ot <br />ec\* t? a CUy'roaT a^utility easement, <br />outlet 25- i" '“f,e*’!E.ist''boundaty of the <br />^-fhis’^ corri^dor^ generally '^nd ^Rezabek <br />^J-drJJjewar serving the Hayssen Alt, \"°is outlet <br />■ies to the south and west ° . intended to be <br />Landed for private ^oa6jarposes^ana <br />ely owned and road and utility easementveloper execute the standard ro^^^ <br />“s^troro^^^tT-" road easement ^h?Ufstlng <br />d?iv°ewaTdoernJt armies? t"he "citY <br />Lthin the applica-tjs^p^ at this time, <br />not require upgrading of P private <br />»iVln^'n-tre1are\{ne^ a-ot 2,^^^^^^^ <br />--^'’o%“Lot 2 become available <br />'®o"ad«ay in the future. <br />t is Intended that at auch ^aif private road <br />'allect a"ocirs“oVea«:ent driveway acce.rr, t„ ...i-,. <br />at that time be eliminated. <br />, -oht of-way is to be dedicated for NO additional right-of Y <br />ty Road 84. <br />Page 2 of 5 <br />!11. The two newly created building lots and the two existing homestead lots being rearranged, all have been demonstrated to contain suitable sites for primary and alternate drainfields to serve the existing or proposed single family residences.12. Single family residences can be constructed on each of the new Lots 2 and 3 without the need for further variances.NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for John McDowell and Charles N. Hayssen at 4045-4135 Bayside Road per the survey <br />attached as Exhibit A hereto by Sathre Bergquist Inc., subject to <br />the following conditions: <br />1. The location of the proposed private driveway access to <br />serve Lots 2 and 3 shall be as shown on Exhibit B attached. <br />Lots 2 and 3 shall derive their principal access via such <br />driveway easement. Prior to filing of the subdivision, <br />applicants shall satisfy the City Attorney that such legal <br />access has been appropriately granted and filed with <br />Hennepin County. <br />2. At such time that an alternative access becomes legally <br />available to Lots 2 and 3 via the existing private road <br />abutting the westerly boundary of the property. Lots 2 and 3 <br />shall be reuqired to access to such private road, and all <br />direct access or easement driveway access to Bayside Road <br />shall at that time be eliminated. <br />3. A variance will be granted to the 200' lot width <br />standard for Lot 3, and likewise a variance will be granted <br />to Lot 3 for lack of frontage on a public roadway, <br />4. Lots 1 and 4 will continue to use and maintain their <br />private driveway accesses as currently exist. <br />5. The private road outlot along the westerly boundary of <br />the property shall be designated on the plat as Outlot B. <br />The plat drawings shall not designate a name for that road <br />outlot. Outlot B shall remain in the private ownership of <br />the abutting property owners. The text of the plat <br />drawings shall be revised to omit language which "donates <br />the private outlot road to the public for public use <br />forever". A standard road and utility easement and private <br />road maintenance covenant for this road outlot shall be <br />filed with the plat. <br />Page 3 of 5 <br />1