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Home My WebLink AboutRe: fax to attorney 9 Q�O�O • �l 0 DY'OYlO F �� `� ��Ho� 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (612) 249-4600 Fax: (612) 249-4616 FAX TRANSMISSION COVER SHEET Date: �d — �B '�� , To: �/4R�L�N � ._ L/'/�/a4�t crT f �'�/t/Nu r� F�: 3� � -320l7' Re: 2 / S7� �$/N �flb/U lN'Q•y/ Sender: �lJ'�t� ��0,D1�,► YOU SHOULD RECEIVE � Z PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (612) 24 9-4 600. �i }��n� #� �l 313 �P�aovr�c� t,��`G�w� ��a,¢a.�,c�/��" 0 ,�.�o � �- y3z� v��N� � � � ��s��- � s� �� . � �— �8 a.a�v I!� C� ST,�(�y�S REQUEST FOR COUNCIL ACTION Date: June 24, 1999 Item No.: � Department Approval: � Administrator Approval: Agenda Section: �; �'� Zoning Name: Michael P.Gaf&on � Title: Senior Planning Coordin tor Item Description: #2474-C. Steven&Susan Wilson,325 Brown Rd. S./2150 Abingdon Way- Subdivision of a Lot Line Rearrangement-Resolution List of Ezhibits A-Resolution . B - Certificate of Survey C - Planning Commission Minutes 4-19-99 D - Standazd Drainage&Utility Easement E - Staff Memo and E�chibits of 4-9-99 Applicants own both properties involved in this lot line rearrangement. The Abingdon Way lot is the last vacant lot in Abingdon Glen,and is about 5 acres,half of which is wetland protected under an existing Flowage and Conservation Easement. Applicants'residence is on Brown Road South. The two parcels are sepazated by Long Lake Creek. Applicants' goal is to gain access to the Luce Line from their residence lot by creating a comdor from the easterly 60' of the Abingdon Way lot; a second goal is to protect a row of trees along the east line of the Abingdon Way lot. The critical conditions identified by staff and Planning Commission as necessary for approval. include: 1. Confirmation that the Abingdon Way lot ends up with at least 2.0 acres of contiguous dry buildable land per the RR-1B Zoning District standazds. 2. Confirmation that the Abingdon Way lot will retain its two tested drainfield sites meeting the required setbacks from the new lot line. 3. Confirmation that the Abingdon Way lot will still have a viable building site. 4. Creation of a new drainage and utility easement along the new lot line. Planning Commission Recommendation On April 19 Planning Commision voted 6-0 to recommend approval subject to the 4 above conditions, finding no variances would be required and each lot would be conforming after the proposed lot line reanangement is completed. Staff Recommendation Applicants' surveyor has confirmed that the Abingdon Way lot will meet the 2.0 acre minimum dry #2474 - Wilson June 24, 1999 Page 2 buildable standazd,with the new lot line being 60.00 feet west of the existing lot line. A review of the original septic testing information provided when Abingdon Glen was platted, indicates the septic sites will still meet the required 20'lot line setback. The potential buildable envelope for this lot will be slightly smaller than before the lot line rearrangement, but will still provide for two potential house sites. Staff recommends approval of the lot line rearrangement subject to applicants granting the required 10'drainage and utility easement adjacent to the new lot line. The old 10' easement will remain in place (no vacation was requested). COUNCIL ACTION REQUESTED Adopt or amend the attached resolution granting final approval for a subdivision of a lot line rearrangement for C. Steven and Susan Wilson at 325 Brown Road South/2150 Abingdon Way. � � . § 10.28 � SEC. 10.28. RR-1B ONE FAMILY RURAL RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "RR-1B" One Family Rural Residential District is intended � to provide a district which will allow a combination of low density residential development and limited agricultural activity. � Subd.2.Permitted Uses.Within any"RR-1B"One Family Rural Residential District, no land or structures shall be used except for one or more of the following uses: � A. Any permitted use as regulated in the "R-lA" District. � B. Personal Wireless Service Antennas and Towers. 1. Purpose and Inter�t. The purpose of this section is to establish � predictable,balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communication systems within the City of Orono while protecting the public against any adverse impacts on the City's aesthetic resources and the � public welfare. 2. Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure may be allowed as a secondary use by administrative � permit, provided they comply with the City policy regarding the use of City-owned property for wireless telecommunication antennas and provided they meet the following conditions: � a. The antenna shall be in compliance with the Minnesota State Building Code and all other applicable federal and state regulations and permits. � b. Structural design,mounting and installation of the antenna ` shall be in compliance with manufacturers specifications and shall be verified and approved by a � registered professional engineer. c. No advertising mesage shall be�xed to the antenna. � d. Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation Administration(FAA)to protect the public's health and safety. � e. When applicable,proposals to erect new antenna shall be accompanied by any required federal, state,or local agency licenses. � f. Transmitting,receiving,and switching equipment shall be housed within the existing structure. If a new equipment building is necessary for transmitting, receiving and switching equipment,it shall be situated in the rear yazd of the principal use and shall � be screened from view by landscaping. � ORONO CC 289 (4-1-84) � . � � §10.28 g. All obsolete and unused antennas shall be removed within � twelve(12)months of cessation of operation at the site, unless an exemption is granted by the City Administrator or designate. The removal shall be the responsibility of the communication provider. h. Antennas shall utilize camouflaging techniques or shall be � side mounted to an antenna support structure in order that such facilities aze compatible with the character and environment of the azea in v�-hich they aze located. � i. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer � that the location of the antenna as proposed'u necessary to meet the frequency spacing needs of the personal wireless service system and to pro�lde adequate portable personal wireless service coverage and capacity to the area. � Source: Ordinance 161, 2nd Series � Effective Date: 5-27-97 Subd. 3. Conditional Uses. Within any "RR-1B" One Family Rural Residential � District,no structure or land shall be used for the following uses except by conditional use permit: A. Uses.Any conditional use as regulated in the "R-1 A" District except for � "Duplex Credit" and "Animals". B. Farms (Stock). Provided that the azea is ten or more acres. � C. Hospitals,Etc. Hospitals for human care,sanitariums,rest homes,nursing homes,provided that all buildings are located 100 feet or more from the lot line of any abutting lot � in an"R" District. The site shall contain not less than 600 square feet of lot area for each person to be accommodated. . � Source: Ordinance No. 185 Effective Date: 6-14-76 D. Libraries.Non-profit libraries provided that all buildings aze located 50 feet or more from the lot line of any abutting lot in an "R" District. Screening and signage , requirements shall be determined with each individual conditional use permit. Source: City Code � Effective Date: 4-1-84 , ORONO CC 289-1 (4-1-84) � � ' ' . § 10.28 Subd.4.Accessory Uses.Within any"RR-1 B"One Family Rural Residential District, the following uses shall be a permitted accessory use: ' � A. Any accessory use as regulated in the "R-lA" District and "Animals" as regulated in Section 10.20, Subdivision 3, Subparagraphs M and N. � Source: Ordinance 26, 2nd Series Adopted: 7-14-86 � Subd. 5. Area, Height, Lot Width and Yard Requirements. � A. Height.No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. � � B. Lots. The following minimum requirements shall be observed: Side Yard � Lot Lot Front Side Adjacent to Rear ea Width Yard Yard Street Yar � 2 acres 200 feet 50 feet 30 feet 50 feet 50 feet � � � � � � � � ORONO CC 290 (4-1-84) � . /_ . / O� � � O O , CITY of 4RON0 � ti '�' RESOLUTION OF THE CITY COUNCIL '� �G � �9kESH04' NO. 4 `3 �. :;� A RESOLUTION APPROVING A SUBDIVISiON OF A LOT LINE REARRANGEMENT FOR PROPER3'IES LOCATED AT 325 BROWN ROAD SOUTH AND 2150 ABINGDON WAY FILE NO.2474 � WHEREAS,the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WI�REAS,the City Council of the City of Orono(hereinafter"City Council")has adopted subdivision regulations for the orderly,economic and safe development of land within the City; and WHEREAS,the City Council has considered the application for a Class I subdivision of a lot li.ne rearrangement by C. Steven Wilson and Susan D. Wilson(hereinafter "the applicants") involving properties legally described as follows: Lot 5,Block 1,Abingdon Glen,Hennepin County,Minnesota and The south 900.00 feet of the east 700.00 feet of the Southeast Quarter of the Northwest Quarter of Section 3, Township 117, Range 23, Hennepin County, Minnesota; (hereinafter"the property"); and WHEREAS,the applicants have completed all requuements of the City for a Class I subdivision of a lot line rearrangement for division and combination purposes,in order to separate the easterly 60 feet of Lot 5, Block 1, Abingdon Glen from said Lot 5 for combination with the aforesaid south 900.00 feet of the east 700.00 feet of the Southeast Quarter of the Northwest Quarter of Section 3; and Page 1 of 3 i /� �� 0 0 �, CITY of ORON4 � � '�' RESOLUTION OF THE CITY COUNCIL �t`9.�fE 04�'4'G N0. � i� �. � SH WHEREAS, the City Council finds that the proposed division will result in lots which remain conforming to the lot standazds of the RR-1B Rural Residential Zoning District. NOW, THEREFORE,BE IT RESOLVED,that the City Council of the City of Orono hereby approves the Class I subdivision of a lot line rearrangement for the applicants as shown on the Certificate of Survey by Edward J. Otto of Otto Associates Engineers and Land Surveyors, Inc. dated Mazch 2, 1999 and attached to this resolution, subject to the following �conditions: 1. Upon the approval of this division by the City Council,the applicants shall legally combine the east 60 feet of Lot 5,Block 1,Abingdon Glen with the south 900.00 feet of the east 700.00 feet of the Southeast Quarter of the Northwest Quarter of Section 3,Township 117, Range 23. 2. The applicants shall grant to the City a 10' drainage and utility easement along the west side of the new dividing line within Lot 5, Block 1, Abingdon Glen, such easement to be executed prior to release of this subdivision for filing by the City Attorney. 3. Applicants shall provide confirmation of legal ownership of the property via title opinion or other form satisfactory to the City Attorney before the subdivision of a lot line rearrangement will be released for filing. 4. The aforesaid division shown on the attached Certificate of Survey shall be filed by ' the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before December 28, 1999 together with a certified original copy of this resolution. 5. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Page 2 of 3 , �� /� O� O O �, CITY of ORONO � � �� ,'� RESOLUTION OF THE CITY COUNCIL ) F...� �9k'ES804�' NO. . k °� .�. <�-; ATTEST: G'Y�� l/,�'-e- Linda S. Vee, City Clerk Gabrie Jabbour,Mayor STATE OF NIINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of June, 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary P lic �" • � a •. i' ��,,r�;: MARY ANN JOHNSON ;� �^��"�; NOTARY PUBLIC-MINNESOTA ' � .,,��.� My Commissia�Expires Jan.31.2000 �e:• Page 3 of 3 � -- - -� TppI� Certifica �e of Sur � � CINE �"jD'� ` 8 L�� _-"�'� _ --' �-; I' �\a� �� ` ' E�„r�t 0" �Y� �y , ��.r��d+a� enaoi �E�1. s ' �`g� �• e � �E�`� ; �N�K �,..� .��s� , T q �.' �i ��..-��,�.. � i '�`. -------� i � _ � � � � K ti..r r»se.a aav n.w.► C, I � �;/.��.KKt/s ��-, I I \ m��t , �, .� / � �t ur�b�..,�.ee-zrr,e.. � — � �, p�or �t�,,,_ ��,,�Np '�8� I 4 ""'Mv�� j( � �� n�. �,gi��"�p,Y /�� --��—rd j � I I � / � �o.00��---- � 1 I � �� 1 I m 1 . �I ( I„��, I M ' � � � I I N � � p O � a 6 � I B I . I Kt =; I `� i a...ta.a ar« ? � a� � a �I I ( �� - 1 I � � - I 1 �_ � ' ' IH • I � - 1 ; �U � - � 1 1 - •-----------h------ mn°e--------------�— I I - I _ � I I � I � � � � I I � I � 1 j I� 1 � —— � zwrwa.sct/�«w (y'�� Fnw on Y» KK►/1�/Ae.;T.117, � A I��otw/7f wei w! � � R�w+��+�It Y+M+�b . • denotes iro� monument founC s . Y tti p denotee iron eet ond Survey ol Lot 5, BloCk 1, � / ' a u+e nm�y�r d a�ip morkee R.LS.�io. 14343 AB/NGDON GLEN, and part of S�.1 V a n wi i s V n �� O11 ° 9 denoia soil boring the �E. 1/4 of the N.W. 1/4 � ��017 of Sec. 3, T. 117, R. 23, � �^ Br• sov� a+.�wa ey: G denotes percotation teat hok y��n County, Minnesota 3/1/99 D.N.A. �"=100' �J R� i O /7 � . O O , CITY of URONO a � ti ti RESOLUTION OF THE CITY COUNCIL �L9kESH04�'G NO. 4 3 � �� A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENT WITHIri' THE PLAT OF ABINGDON GLEN AND RELEASE OF EAST 60 FEET OF LOT 5,BLOCK 1,ABPtGDON GLEN FRONI PRIVATE ROAD EASEMENT IN THE CITY OF ORONO, HENNEPIN COUNTY,NIINNESOTA FILE NO.2474 WP�REAS,the City of Orono is a municipal corporation organized and existins under the laws of the State of Minnesota; and � WI�REAS,on March 12, 1999,C.Steven Wilson and Susan D.Wilson(hereinafter the"applicants")filed an application with the City of Orono requesting a Class I subdivision of a lot line rearrangement for properties located at 325 Brown Road South and 2150 Abingdon Way; and W�REAS, on June 28, 1999 the City Council approved a subdivision of a lot line rearrangement for properties located at 325 Brown Road South and 2150 Abingdon Way per Resolution No. 4313; and WI�REAS,the ten foot drainage and utility easement existing along the previous property line was not vacated at the time of subdivision, and applicants have gianted to the City of Orono a underlying drainage and utility easement along the new property line; and WHEREAS,after due published and posted notice,a public hearing was held by the Orono Planning Commission on July 19, 1999, regazding said vacation and all interested persons were given an opportunity to be heard; and `VIiEREAS, properties in Abingdon Glen are subject to a Declazation of Private Road Easement and Declazation of Covenants for Maintenance; and WHEREAS, the east 60 feet of Lot 5, Block 1, Abingdon Glen has been legall�• combined with property located at 325 Brown Road South; and Page 1 of 2 � . � O� O O �, CITY of ORONO a � ti RESOLUTION OF THE C17Y COUNCIL �L9kESII04'�'G NO. � � � � WHEREAS, on 7uly 19, 1999 after due standing and consideration, the Planning Commission recommended unanimous approval of the proposed vacation; and WHEREAS, the City Council of the City of Orono finds that said vacation of drainaae and utility easement legally described as follows: That part of the 10.00 foot drainage and utility easement that lies westerly of, measured at right angles to and parallel with the east line of Lot 5, Block 1, ABItii TGDON GLEN, Hennepin County, Minnesota according to the record plat thereof that lies southerly of the north line of the south 900.00 feet of the Southeast Quarter of the Northwest Quarter of Section 3, Township 117, Ra.nge 23, Hennepin County, Minnesota. The drainage and utility easement vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The vacated easement has not been utilized for utilities. 2. A new drainage and utility easement has been dedicated along the newly created property line. � 3. The City does not intend to use the easement to be vacated for any public purpose. 4. Utility companies have been notifi�d of the proposed vacation and none have indicated an objection. NOW,THEREFORE,BE IT R�SOLVED,that the vacation of the drainage and utility easement legally described above is hereby granted by the Council of the City of Orono, l�iinnesota and the City of Orono consents to the releas� of east 60 feet of Lot 5, Block 1, Abingdon Glen from Declaration of Private Road Easer.lent and Declaration of Covenants for Maintenance at a regular meeting held on August 9, 1999. ATTEST: �� /.�- � Linda S. Vee, City Clerk Gab 'el Jabbour, Mayor Page 2 of 2