HomeMy WebLinkAboutResolutions #3652/3653 :� . .
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�'',� Gti RESOLUTION OF THE CITY COUNCIL
t9kESII�g'� NO. e3 s � �
A RESOLUTION VACATING
A PORTION OF SCOTCH PINE LANE
WITHIN THE PLAT OF UICON ADDITION �ND
VACATING DEDICATED UTILITY EASEMENTS
WITHIN THE PLAT OF DICON ADDITION, SECTION 9,
TOWNSHIP 117, RANGE 23 IN THE CITY OF ORONO, MYI\'NESOTA
FILE NO. 2065
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, on August 25, 199�, Samuel F. Marfield on behalf of himself and
J�yce C. Marfield, H. Douglas Hill and Cheryl R. Hill, and VJilliam ��. Toles filed a petition
�vith the City of Orono requesting the vacation of a portion of Scotch Pine Lane within the plat
of Dicon Addition, as well as the vacation of utility easements in the plat of Dicon Addition,
le�ally described as follows:
A. Description of Scotch Pine Lane right-of-way to be vacated:
All that part of the right-of-way of S�otch Pine Lane, as donated and dedicated
by Dicon Addition, according to the recorded plat thereof; Hennepin County,
�iru�esota, which lies southerly of the north«•esterly continuation ef thP
northeasterly line of Lot 4, Block 1, said Dicon Addition.
B. Description of utility easements to be vacated:
All utility easements in Dicon Addition, accordin� to the recorded plat thereof.
Hennepin County, Minnesota; and
WHEREAS, after due published and posted notice, a public hearing �;�as held
before the Orono Planning Commission on Septembll in8e estedanersons des i ngCoo tbe heard
October 16, 199�, reaarding said vacations and a P
concernin� the application were given the opportunity to sgeal: thereon; and
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� RESOLUTION OF THE CITY COUNCIL
'�,t� G'�' -
t9kESI�Og'4� NO. 3 6 5 2
WHEREAS, after due standing and consideration, the Plannina Commission
recommended approval of the requested right-of-way vacation and utility easement vacation and
the Council of the City of Orono finds that said vacations, as proposed, are in keeping with
the public interest in consideration of the following findings:
1. The applicants concurrently propose a replat of Lots 1 through 4, Dicon
Addition, incorporating the portion of Scotch Pine Lane to be vacated. The
replat will result in three lots. Proposed Lots 1 and 2 will gain access to North
Shore Drive via a shared driveway located within a proposed outlot at the
current location of Scotch Pir�e Lane. Proposed Lot 3 will no longer gain access
�from Scotch Pine Lane but will create a new driveway access directly on to
North Shore Drive approximately 200' east of the existing Scotch Pine Lane
intersection.
2. The applicants are the only property owners which both abut the right-of-way
of Scotch Pine Lane and which use said right-of-way for access to their
properties. As a result of the replat, none of the applicants will require a
dedicated right-of-way for access to North Shore Drive.
3. The concurrent vacation of Scotch Pine Lane an�3 all of the utility easements
originally dedicated within the Dicon Addition, requires rededication of new
utility easements for eaisting and future utility lines, which the applicants have
a_reed to dedicate.
4. In a letter dated November 21, 1995, Stephen VonBargen on behalf of
Minne�asco, consented to the vacation of Scotch Pine Lane and the vacation of
platted utility easements subject to creation of new utility easements to protect
�linnegasco's existing gas main.
5. In a letter dated November 20, 1995, Tina Olson on behalf of Northern States
Power Company, consented to the vacation of Scotch Pine Lane and the ��acation
of platted utility easements subject to creation of ne�� utility easements for
existing NSP facilities.
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CITY of ORO
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�',� Gti� RESOLUTION OF THE CITY COUNCIL
�9kESII�4'� NO. e� fl rJ �
6. In addition to the Minnegasco and NSP easements, additional easements for the
existinD municipal sewer and other existing utility lines will be rededicated
��vithin the concurrent replat.
7. Upon vacation, portions of the paved surface of Scotch Pine Lane aze intended
to be removed by the applicants and those areas filled and graded to provide
lawn areas with surface drainage, allowing the removal of the existing storm
sewer. .
8. Unique findings which support the requested vacation with concurrent replat
include:
a. Net hardcover reductions of 2,033 s.f. will occur within an azea of the
shoreland overlay district that drains to Lake Minnetonka, and will
decrease the runoff of salts and oils directly to the wetland and lake.
b. The Long Lake Fire Department has accepted the proposed driveway
surfacin� plan which provides adequate fire equipment access and staging
capability.
c. Hennepin County Department of Public Works has granted preliminary
approval for the proposed new driveway directly on to North Shore Drive
(County Road 51).
d. Ihis is the only three family cul-de-sac that drains into Lake Minnetonka
that can be easily revegetated to slow down the drainaae over blacktop
into the lake.
e. This is the only three family cul-de-sac that involves a lake lot separated
into tax pazcels. This separation requires the properiy owners to cross
a public cul-de-sac to gain access to their lakeshore. •
f. This is the only three family cul-de-sac that attracts strangers looking for
access to the laice. Removing it will decrease the number of trips on to
and off of North Shore Drive. -
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� � ��' ti`� RESOLUTION OF THE CITY COUNCI�
��9kESII�g'�'G NO. e� 6 � �
g. This is the only three family cul-de-sac whose removal is supported b}-
all three property owners and the two affected neighbors.
h, This is the only three family cul-de-sac along North Shore Drive where
the norm is single and double private driveways.
i, � This is the only three family cul-de-sac the City of Orono has considered
removing for almost twenty years.
j. The City will no longer bear the cost of maintaining the existing street.
k, Removal of the public .street will make the area safer for children.
l. Removal of the public street will increase securit-� to the existina homes.
m. Removal of the public street will improve the aesthetic view from the
lake.
9. ?he unique aspects of this proposal as stated in items 1 through 8 above are
sufficient justification to allow the removal of this pub?ic road and cul-de-sac.
The Council finds that the vacation of Scotch Pine Lane is supported by unique
circumstances that are not generally found in other areas of Orono where private
or public roads and cul-de-sacs serving as few as three residential lots are still
appropriate. The Council further finds that because Scotch Pine Lane serves
only three residential lots; does not provide access to the lakeshore for the
public, and does not provide a potential future access to neighboring properties,
the public interest in Scotch Pine Lane is limited to the provision of services to
the three property owners, which interests can be suitably served via private
drive�t•ays and easements.
10. The �•acation of Scotch Pine Lane does not affect access to or use of an}�
adjoinin� propem�.
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RESOLUTION OF THE CITY COUNCIL
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��`9k'ESII�g'�G NO. e'qi s rJ 2
11. The City no longer intends to develop, improve or continue use of the dedicated
right-of-way as a road except for utilities and access purposes hereinafter
described.
12. In conjunction with the concurrent replat, the dedicated right-of-way as it
currently exists will serve no further public purpose.
13, The vacation of utility easements in conjunction with the replat and rededication
of utility easements, will not affect access to or iise of any adjoining property.
14. The City does not intend to further develop, improve or use the dedicated utility
easements described above, subject to concun•ent rededication of easements upon
the concurrent replat.
15. The dedicated utility easements to be vacated upon concurrent replat and
easement rededication, will serve no further public purpose.
NOW, THEREFORE BE IT RESOLVED, that the petition of Samuel and
Joyce M�eld, Douglas and Cheryl Hill, and William Toles is hereby granted and that the
portion of Scotch Pine Lane legally described above is hereby vacated, and the utility
easements dedicated �vithin the plat of Dicon Addition are hereby vacated. T1�e granting of this
petition is subject to the following conditions:
1. Upon vacation, applicants shall complete the replatting of Lots 1 through 4,
Dicon Addition and vacated Scotch Pine Lane to include the rededication of
draina=e and utility easements acceptable to the City of Orono, NSP,
Minneeasco, and any other utilities making use of easements which have been
�•acated.
2. lipon vacation, applicants shall grant over Outlot A and the necessary portions
of proposed Lot 1, an easement for utilities and access from County Road �1
to the municipal sewer easement.
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� '� RESOWTION OF THE CITY COUNCIL �
��9kESH���G NO. 3 6 5 2
3. Upon vacation, and upon the concurrent replat, the new Lots 1 and 2 shall
maintain a shared driveway within Outlot A.
4. Removal of blacktop and regrading of the site shall be in accordance with the
grading and drainage plan approved by the City Engineer and Public Works
Department.
5. The owners of proposed Lots 1, 2 and 3 of the concurrent replat shall jointly
obtain a land alteration permit prior to commencinQ the removal of Scotch Pine
Lane and filling/grading of the site.
Adopted by the City Council of the City of Orona, l�finnesota at a regular
meetiiig held December 11, 199�.
A T:
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Dorothy M. ai in, City Clerk dward J. ahan, Jr., I�layor
STATE Or MINNESOTA )
) ss.
COUI�TTY UF HEi�i��EPI?�T )
The foregoin� instrument was acknowledged before me on th:s 11 th da}� of
December 199�, b}� Ed�t�ard J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of �he
Cin� of Orono, a Minnesota municipal corporation and said instrument �•as executed on behalf
of the Cit��.
• . LINDA S.VEE � �
r::� ` • NOTARY PUBLIC-MINNESOTA �%,;�L�I''� � ��
HENNEPIN COUNT`f Notary Public
���••••° My Commission Expires Jan.31,2000
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,. CITY of ORO O
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�' 'ti RESOLUTION OF THE CITY COUNCIL
�t9kESI3�4'�G NO. 3 6 5 3
A RESOLUTIQN APPROVING THE
PLAT OF SCOTCH PIlV'E ADDITION �
FILE NO. 2065
WHEREAS, the Ciry of Orono is a municipal corporation organized and existin,
�nder tl�e laws of the State of Minnesota; and
«'i�REAS, the City Council of ±he City of Orono has aciop[�d sLbd•;��_:ic�n
re��iiatinns f�r tne orderly, econom:c and safe development of land witnin th� City; �;:1
ti�'HERE�S, the City Council has considered the application for a rer.iat
subdivisien 'r:; Samael and Joyce �Vlarfieid, Douglas and Cheryl Hill, and �'illiam� :oles
;}-ser�ina�er "the applica���t�"); and
WI-�,REAS, on November 13, 1995 the City Council approved Resolution No.
;5�� ��rar,:in` conceptual approval of the vacation of Scotc� ?ine Lane and utility eas�i��e.^.ts
��;r�in e�� i�i;,on Acidition, and grantin� preliminary approval of a tt�ree lot plat c�f� pruperty�
loca`.�d 1Nithir. Dicon r.ddition; and
��'i-i�,F�EAS, the property being replatted is described as "Lots 1-4, inclusive,
�1�,�,;; �. ;�ir��r. �ddition, according to the recorded plat ther�of, Hennepin C'ounty, Minnes�ta
3;;;J �,;; ;?,�i p:i;t c�f the .�iaht-of-way of Scotch Pine Lane, as donated and dedicatec► by said ?�i::an
���jt.c�;�., wt�;�.:�. lies soL�herl}� of the northwesterly continuatien of the northeast�rly line ��t sa;d
T,ol Y" ;hereinafter "the preperty"); and
�'�'HEP�EAS, the property is located within the LR-1�'� Single ramily Lak�s��ore
12esicien:ial 7onin� Uistrict requirin� a minimum of two acres of conti�uous di-y buildable iand
and _00' of�vidth fcr each building lot; and
�i�REAS, the propem� contains a total of approximately �.�7 acres, inciudir.�
Lots l'+ and the :iRht-o�way of Scetch Pine Lane. Existing Lots 1, 3 and 4 each contaia a sinal�
ian;ilt� re�idence. ExistinR Lot 2 �rovides Iake access for existing Lot 4, and is not cnr�i�zred
as a b;.:ii�a�.e si[e. Each of�X1SiiIIa Lots 1, 3 and 4 contain less than the two a�re minir.���m lot
a:ea re�uirement. These lots wer� dev�loped prior to the,current zoning standards; an�
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CITY of ORONU
�,�� �G'ti RESOLUTION O�F T�H5C��ITY COUNCIL
9kESH�S�`' NO.
Vt'I�REAS, Lots 1-4 and Scotch Pine Lane will be replatted into three building
lots and a private driveway outlot, with lot areas as follows:
Proposed Lot 1 = 1.13 acres (Marfield)
Proposed Lot 2 = 0.85 acres (Hill)
Proposed Lot 3 = 1.34 acres (±0.96 acres dry) (Toles)
Outlot A = 0.05 acres; and
VVHEREAS, as a result of the replat, each of the three proposed lots increases in
acreage gained from the vacation of Scotch Pine Lane, and in t�ie case of progosed T ot 2, also
resulting from the addition of area incorporated within the existing Lot 2. Each of proposed Lots
1, 2 and 3 will, however, remain at lot areas less than the required two acre minimum for the LR-
lA Zoning District, requiring a lot area variance; and
WHEREAS, each of proposed Lots 1, 2 and 3 are lakeshore lots but lack the
required 200' lot width at the shoreline and at the 75' lakeshore setback Iine as required in the LR-
lA district, requiring lot width variances for each of Lots 1, 2 and 3; and
«'I�REAS, proposed Lots 2 and 3 both abut North Shore Drive, a platted Counry
road. Proposed Lot 1 as a result of the replat will no longer abut a public roadway, but will gain
access via a shared driveway servin� proposed Lots 1 and 2 within proposed Outlot A. By
definition, proposed Lot 1 is a "back lot" per Municipal Subdivision Code Section 11.03,
Subdivision 2. Per Section 11.31, Subdivision 5 (C-2), proposed Lot 1 is required to meet 150%a
of the two acre zoning district lot area requirement; is required to meet the 200' lot width
requirement at the shoreline, at the lakeshore setback line, and at the street yard setback line; is
subject to a street ��ard or front yard depth of 1509� of the 50' front yard requirement of the LR-
lA district; and is subject to a side yard depth of 1�0% of the 30' LR-lA side yard requirement;
and
«'HEREAS, as a result of the replat, the M�eld property (proposed Lot 1)
becomes a bacl: lot v��ith 4�' required side setbacks rather than the 30' side setbacks normally
required in the LR-1A district, making more of Marfield's residence structure non-conforming
to the side setback requirements. Similarly, the Hill property (proposed Lot 2) becomes a front
lot subject to a �0' side street setback alon� Outlot A, and 30' side setback along the common
boundary line �;zth proposed Lot 1. The replat results in revised setback requirements
impacting proposed Lots 1, 2 and 3, v��hich must be taken into account in future improvements
to those properties;
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�',�� �G'ti RESOLUTION Oe�F Tc�H�C�Y COUNCI�
9kESH�g' NO.
VVHEREAS, the Council finds that it is appropriate to grant variances for the
"front lot" and "back lot" non-conformities created by the replat; and
�'VHEREAS, proposed Lots 1 and 2 will gain access to North Shore Drive via
a shared drivewa�• located within Outlot A, at the current location of Scotch Pine Lane.
Proposed Lot 3 �;-ill no longer gain access from Scotch Pine Lane but will create a new
driv��ti�ay access directl}� onto North Shore Drive approximately 200' east of the existing Scotch
Pine Lane intersection. Hennepin County Department of Public Works has given preliminary
approval for this new driveway access; and
Wi�REAS, the new shared driveway in Outlot A, the eYtension of the
driveway to serve proposed Lot 1, and the new driveway to be created for proposed Lot 3 hav�
been desib ed to City of Orono residential street weight bearing capacity standards to provide
adequate access for fire fighting equipment. Further, the Long Lake Fire Departmez�t hu�
indicated the proposed driveway construction and proposed widths are sufficient for the
necessary staging of fire fightin� equipment; and
WHEREAS, the concurrent vacation of Scotch Pine Lane and all of the utility
easements originall�• dedicated within the Dicon Addition, requires rededication of new u�ilit�
easements for existina and future utility lines. The proposed rededication ir.cludes a 30'
municipal sewer easement over the existing municipal sewer laterals within Scotch Pine Lane.
Additional drainaae and utility easements will be granted to accommodate Northern States
Power and Minne�asco facilities on the property; and
`�'HEREAS, the proposed plat includes dedication of standard drainage and
utility easements alona the perimeter and interior lot lines, and includes the dedication of a
drainaae easement o�-er the �;�etland located in proposed Lot 3. Said wetland will also be
subject to a Conser�•ation and Flo��vage Easement to be executed by the owner of Lot 3; and
V�'HEREAS, portions of the paved surface of Scotch Pine Lane are intended to
be remo��ed b}• the applicants and those areas filled and graded to provide lav�m areas with
surface drainage. The eaistina storm drain and storm sewer leading from the cul-de-sac to the
v�-etland is intended to be removed per the submitted grading plan subject to approval by the
Ciri� En�ineer. It is the intent of the City to release any drainage easement for this abandoned
storm se���er that ma�- be recorded against the title of proposed Lot 3; and
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� 'ti RESOLUTION OF THE CITY COUNCIL �
��9kESH�g'�G NO. 3 � 5 3
WHEREAS, per the request of the neighboring property owner to the east, it
is appropriate to require that the new driveway created for proposed Lot 3 shall be set back
at least 15' from the east line of proposed Lot 3; and
V��iEgEA,S, unique findings and factors supporting the vacation of Scotch Pine
Lane resulting in the elimination of this public dedicated roadway have been enumerated in
Cin� Council Resolution No. 3652 adopted December 11, 1995; and
WHEREAS, the applicants have completed all requirements of the platting
regulations of the Cit��, includin;:
1. Completion of all the requirements of Resolution No. 3632.
2. Dedication to the City of a flowage and conservation easement providing for
limitations on the use of wetlands described therein and shown on the plat as
"drainaQe easements".
3. Dedication on the plat of the standard perimeter drainage and utilities
easements, as well as additional utilities easements for existing and future use
by Northern States Power, Minnegasco, and other utilities.
4. Grantina of a utilities and access easement to the City of Orono for access
from North Shore Drive to the municipal sewer easement over. Outlot A and
proposed Lot 1.
5. Pro��ision of suitable documentation from Hennepin County Department of
Public «'orks approval for the new access for the Toles driveway.
(. Pro��ision of confirmation from NSP and Minnegasco that they consent to the
vacation of existina utility easements subject to rededication of the proposed
new easements.
�. Payment to the Ciry of final plat legal review and filing fees in the amount
of S200.00.
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�' ti RESOLUTION OF THE CITY COUNCIL
�L9kESi3�g'�'G NO. � s � 3
NO�', 'rHEREF��� BE �T RESOLVED, that the City Council of the City
of Orono hereby approves the plat of Scotch Pine Addition, Hennepin County, Minnesota,
subject to the fallowin� conditions:
1. A variance is hereby granted to the 2.0 acre minimum lot area requirement
for Lots 1, 2 and 3.
2. A variance is hereby granted to the 200' lot width standard for Lots 1, 2 and
3.
3, A variance is her�b Fu��Te a variance sa granted t�the 1'aback lot"1 setback
standards for Lot 1.
standards for all existing structures and improvements within Lot 1 that are
subject to the increased "back lot" setback standards.
4. I.ots 1 and 2 shall ma�ntain a shared driveway within Outlot A. Outlot A
shall be privately owned and appropriate easements shall be granted by the
owner or owners of Outlot A sufficient to ensure access over Outlot A for
both Lots 1 and 2.
5, A new drivway to serve Lot 3 shall be constructed with access directly to
North Shore Drive. The new driveway shall be set back a minimum of 15'
from the easterly lot line of Lot 3.
(, Removal of blacktop, regrading of the site and new driveway construction
shall be in accordance with the gradin; and drainage plan by BRW, Inc.
dated September 12, 1995 revised October 11, 1995. All grading shall be
subject to the use of appropriate erosion controls durinQ the grading work and
shall ensure that revegetaion of the site is completed as soon as possible upon
completion of the gradina.
'7. The owners of proposed Lots 1, 2 and 3 shall jointly obtain a land alteration
permit prior to commencin� the removal of Scotch Pine Lane and
fillina/arading of the site. A separate land alteration permit will be required
for construction of the new driveway serving Lot 3. •
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�� G'�� RESOIUTION Of THE CITY COUNCIL �
�`�kEsKo�� No. � 6 5 3
8. The aforesaid plat shall be filed by the City of Orono with the Hennepin
County Recorder's Office on or before 7une 11, 1996 together with a certified
original copy of this resolution and executed copies of the utilities and access
easement and flowage and conservation easement documents noted above.
The approval granted by this resolution shall expire if the plat 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. Dated this llth day of December, 1995.
ATTEST:
— � . �
Dcrothy M. lin, City Clerk ward J. Call an, Jr., Mayur
STATE OF MINNESOTA )
) ss.
COUN'I'Y OF HENNEPIN )
The forcgoing instrument was acknowledged before me on this llth day of
December, 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk
of the City of Orono, a Minnesota municipal corporation and said instrument was execute3
on behalf of the City.
INDA S.VEE �u�a� �- C�-e-�
L '
-°:���_•; NOTARY PUBL�C'���NNESOtA NOtary Public
��� HEhNEPIN COUNTY
•. ��'e My Commission ExPires Jan.31,2��
� �.
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