HomeMy WebLinkAbout#4506-2000-Prelim lot split r
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'� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING PRELIMINARY
APPROVAL FOR FOR A TWO LOT SUBDIVISION
OF PROPERTY LOCATED AT
1065 TAMARACK DRIVE �
PID 26-118-23 310009
FILE NO. 2602
WHEREAS,Thomas Graham and Jennifer Graham (hereinafter the"subdividers")
on June 21, 2000, filed an application with the City of Orono (hereinafter "the City") requesting
subdivision for a property located at 1065 Tamarack Drive within the City of Orono and legally
described as:
Lot 3, Block 1, Underhill Farms, Hennepin County, Minnesota.
• (hereinafter "the property"); and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono
Planning Commission held a public hearing on July 17, 2000, at which time all persons
desiring to be heard concerning this application were given the opportunity to speak thereon;
and
WHEREAS, at their regular meeting held on August 14, 2000 the Orono City
Council considered the subdivision application of the subdividers noting the following findings
of fact: �
FINDINGS �
1. The property is located within the RR-1B Single Family Rural Residential
Zoning District requiring a minimum of two acres of contiguous dry buildable
land within each newly created lot.
2. The property contains a total of 5.1 acres of land, with 4.7 acres being dry
buildable.
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3. Lots 1 and 2 each meet the minimum size requirements for lots in the RR-1B
zoning district. Minimum lot requirements are 200' of frontage along the front
property line and 2.0 acres of dry buildable area.
4. Chris Pence, On-Site Systems Manager, has approved the septic design as
submitted by the applicants. Lots 1 and 2 have each demonstrated two suitable
septic sites meeting required setbacks.
5. Hennepin County has requested additional right-of-way to be measured at a total
of 50' from the centerline of County Road 6. Most of the requested right-of-way
has been previously acquired by Hennepin County. An additi�onal 8 to 10' would
� be required. The additional right-of-way would be held for a future trail
' corridor.
6. A Flowage and Conservation Easement was previously dedicated on the plat of
• Underhill Farms in 1976 for the pond and wetland areas located over proposed �
Lot 2.
7. According to the title and survey information supplied by the subdividers, no
drainage and utility easements have been dedicated along the property lines. The
subdividers would be required to dedicate such easement as required by the
Subdivision Code. �
8. An existing barn is located on proposed Lot 1 and would remain on the property
following recording of the subdivision. The subdividers have requested the
building be allowed to remain on the property and be used for storage for the
time period Lots 1 and 2 are held in common ownership. At such time Lot 1
. would be sold out of common ownership with Lot 2, such conditions would be
placed on the accessory building defining the time period the building would be
permitted to remain without a principal building.
� 9. Lot 2 would not have direct access to Tamarack Drive and would not be
permitted access to County Road 6. The property owners would prefer to use
the existing driveway that would be on Lot 2. A second driveway would require •
removal of mature trees along the road. The existing driveway was designed
� with the orientation of the existing house. A separate driveway for proposed Lot
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� �'� RESOLUTION OF THE CITY COUNCIL
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2 would make maneuvering a vehicle to access the garage difficult. Both
properties shall enter into a Maintenance Agreement that would describe each lot
owner's responsibility for maintenance.
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 Thomas Graham and Jennifer Graham per preliminary plat drawings by
Mark Gronberg, Coffin & Gronberg, Inc., dated 6-21-00, attached hereto as E�ibit A and on
file with the City of Orono, subject to the following conditions:
1. An easement shall be granted in favor of Lot 2 for driveway access to the
properry. The subdividers shall enter into a driveway maintenance agreement
� describing each lot's obligation for maintenance and use of the driveway.
2. Payment of standard Park Dedication Fee per City ordinance.
• 3. Drainage and Utility Easements shall be dedicated on the plat 10' along exterior
properry lines and 5' along interior property lines.
4. Subdividers shall enter into a restrictive covenant to be filed on the chain of title
for both properties describing the use of the existing barn that would remain on
Lot 1 without a principal structure.
5. Subdivider shall dedicate on the final plat property for future trail conidor
extension as requested by Hennepin County.
6. Subdivider is hereby advised that preliminary subdivision approval will expire
one year from the date of Council preliminary plat approval. Should the
subdivider fail to complete the filing of the final plat application within the year
� deadline, it shall be necessary for the subdivider to file a new preliminary
subdivision application with the City.
Final Plat Submittals:
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The following list of final submittals must be submitted to the Zoning Administrator two
weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of
the month. These submittals are as follows:
1. Record plat drawings in the form of two (2) mylar copies (one copy for the
City's records and one for filing with Hennepin County) and one (1) copy
reduced to 1" = 200'. Drawing to include:
a. Lot lines platted per preliminary survey by Mark Gronberg, Coffm &
Gronberg, Inc., dated 6-21-00. -
� b. Dedication of drainage and utility easements 10' wide along the exterior
boundaries of property and 5' along the internal lot lines.
• 2. Legal documents required: �
a. Title opinion addressed to the City. All owners, mortgage holders or
others with property interest indicated therein shall sign the plat and all
other documents affected by such interest. �
b. The applicant must provide certified copies of all recorded easements
currently affecting the property.
c. Restrictive covenant describing the future use of the existing barn.
3. Fees to be paid: Total due: $400.00* �
a. Final plat fee = $200.00
. b. Legal review and filing fees for subdivision and associated documents =
$200.00
c. Park Dedication Fee shall be determined by the City Assessor based on
the fair market value of the undeveloped land at the time of preliminary
plat approval. The subdivider shall be advised as soon as Assessor's
report has been filed with City. Park dedication fee shall be based on
• 8% of the fair market value of land within the plat.
Adopted by the City Council of the City of Orono, Minnesota at a regular
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meeting held this 14th day of August, 2000.
ATTEST:
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Linda S. Vee, City Clerk Gabrie abbour, Mayor
STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
• The foregoing instrument was acknowledged before me on this 14th day of
August, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
�N��� � a ,
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�� Notary Public
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