Loading...
HomeMy WebLinkAboutRe: info on Lot 1 and outlot A TO: Street File / N' FROM: Jennifer Chaput, City Planner DATE: February 27, 2003 SUBJECT: 3220 Watertown Road: Lot 2 and Outlot A of Senn Orono Addition 3240 Watertown Road: Lot 1 of Senn Orono Addition In 1990, the City of Orono approved the Senn Orono Addition subdivision, creating Lot 1 (3240 Watertown Road), Lot 2 and Outlot A (combined as 3220 Watertown Road). The following are the minimum standards required to develop the lots at 3220 and 3240 Watertown Road for single family use: 1. Lot Area/Width Both lots are zoned RR-1B with a minimum lot area of 2 acres and minimum lot width of 200 feet. Lot 2 and Outlot A are a combined total of 4.597 acres in area and 328.06 feet in width,meeting the minimum requirements. Lot 1 is is 5.32 acres in area and 328.06 feet in width. 2. Building Standards The maximum height permitted for a single family home is 30 feet and 2 %Z stories. The setbacks for a principal structure in the RR-1B district, measured from the property lines, are as follows: Front Yard(from the Watertown Road): 50' Rear Yard (opposite the front): 50' Side Yard (abutting property to the east): 30' Side Yard(abutting property to the west): 30' From Stubbs Bay Creek: 100' from the OHWL From wells: 3' From septic systems: 20' 3. Creek Requirements Stubbs Bay Creek, classified as a Tributary Stream, runs along the west side of this lot. All land within 300' of a Tributary Stream is subject to shoreland district requirements. Also, no hardcover is permitted within 75' of the OHWL of the Creek. Within the area, from 75' to 250' of the OHWL of the Creek, no more than 25% hardcover is permitted. There is a flowage and conservation easement(labeled as a drainage easement on the plat) on the property that limits the use of the wetland and drainage ways. The easement is 10' wide along all perimeter property lines; 5' on each side of the internal property lines; and surrounds the area located below the 970' elevation of the Creek. Today,the easement may not cover all areas of the wetland if the boundaries change due to delineation. A copy of the drainage easement and plat are attached. 4. Septic Systems The septic systems must be located at least 75 feet from the OHWL of Stubbs Bay Creek and 20 feet from any hardcover. Each lot is required to have a primary and secondary septic site and their sizes will vary depending on the number of bedrooms in the proposed structure. Orono code requires that sites with a capability to serve a 5- bedroom home must be identified. 5. Access Outlot A was platted to serve as a shared driveway for Lots 1 and 2 as part of the 1990 subdivision approval. As a requirement of the subdivision approval, an engineering plan, illustrating the location of the driveway from Watertown Road to Lot 1, was required. The plan also showed a wood plank/steel bridge crossing the Creek on Lot 1. Since the approval,neither the driveway nor the bridge was constructed, and current codes would prohibit their installation today. In 1992, the City adopted regulations regarding shoreland management, adding structural setback and hardcover requirements from tributary streams which did not previously exist. As a result,the proposed driveway location in Outlot A and bridge crossing the Creek in Lot 1 are not permitted. By today's regulations, hardcover can not be located within 75' of the OHWL of Stubbs Bay Creek. The 1991 Wetland Conservation Act also has potentially severe limitations on buildability of the lots. Access to both Lots 1 and 2 must be relocated away from the Creek. In order to accomplish this, replatting of a new access outlot on Lot 2 may be required. An access outlot would likely be platted 30' in width along the eastern side lot line of Lot 2, serving as access for both Lots 1 and 2. The following additional requirements would also apply to each lot: Lot 2: 1) Driveway Setback 5' from the eastern side lot line within the access outlot 2) Building Setback 50' from the access outlot Lot 1: 1) Driveway Setback 10' from the eastern side lot line within the access outlot 2) Driveway Construction requires City and other Agency approvals to fill a wetland to access the buildable portion of the lot As an alternative, access to Lot 1 from the Boyer subdivision to the west has been suggested instead of through Lot 2/Outlot A. This would require cooperation from the owners of that subdivision and a replat to create an outlot corridor. 2 5'701'75 € `y CeIty of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2844 A RESOLUTION APPROVING THE PLAT OF SENN ORONO ADDITION FILE NO. 1506 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land withi:. the City; and WHEREAS, the City Council has considered the application for a subdivision of a two lot plat by Carol L. Senn, the subdivider; and WHEREAS, the subdivision has been found to meet all standards of the RR-1B zoning district finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution #2790, a resolution of the City granting preliminary approval of the subdivision. 2. Dedication on the plat of Drainage and Utility Easements. . 3. Dedication on the plat of Drainage Easements and the execution of a Flowage and Conservation Easement providing for limitations on the use of wetlands and/or drainageways described therein and shown on the plat as those "drainage easements" . 4. Dedication on the plat of right-of-way for Watertown Road. 5. Creation of Outlot A, created exclusively for shared driveway purposes. Page 1 of 3 TRANSFER ENTFAIP elf.OF FROPERN TAX&PUBUC!MAC* SEP 13 AQ PI MINN. 9Y DEPUTY City of ORONO . RESOLUTION OF THE CITY COUNCIL s - ® s NO. 2844 _:t Applicant has submitted engineering plans for the private driveway that will serve Lot 1. Such plans include erosion control and design and specifications for wood plank/steel support bridge. 6. Payment to the City of a Park Dedication Fee in the amount of $200.00. 7. Payment to the City for the legal review and filing of the plat and easements in the amount of $150.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the plat of Senn Orono Addition, Hennepin County, Minnesota; subject to the following condition: 1. The subdivider shall apply for the legal combination of Outlot A with Lot 2. 2. Owner of Lot 2 to grant driveway easement over Outlot A in favor of Lot 1. 3. Prior to the issuance of a building permit for residential construction on Lot 1, the City Engineer must approve the. design and specifications for the bridge that will expand the creek providing access to Lot 1 via Outlot A. 4. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or the Registrar of Titles Office on or before February 13, 1991 together with a certified original copy of this Resolution and executed copies of the 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 13th day of August, 1990. )orothy ST: -k_ 4 ez Hallin,,City Clerk Jame R. Grabek, &yrdr {.. Page 2 of 3 City of OHONO RESOLUTION OF THE CITY COUNCIL a , NO. 2844 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of August, 1990, by James R. Grabek & Dorothy M. Mallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �,. THERESA L NAAB NWETAHNNEPIN COUNTY Notary Public My corturdaeion�ocpir��.g.gZ Page 3 of 3 5'701'760 DRAINAGE EASEMENT THIS INDENTURE, made this 9uc day of August, 1990, between Carol L. Senn, single, of the County of Hennepin and the State of Minnesota, on behalf '• of herself, her heirs and assigns, (hereinafter referred to as Owner) , and the City of Orono, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as City) . WITNESSETH: Owner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to Owner in hand paid by the City, the receipt and sufficiency whereof is hereby acknowledged, does Grant, Bargain, Quitclaim, and Convey unto the City, forever, the following perpetual drainage easement over and under and across property located in the County of Hennepin and the State of Minnesota, and legally described in Exhibit A attached hereto; (hereinafter described as Land) . Said easement includes the free right of the City or its agents to enter upon, under and over said Land, to remove trees, brush, grass and dirt and other structures therefrom and to construct, maintain, repair, reconstruct and use drainage ways and other improvements related thereto, and to enter upon said easement for the purpose of inspecting, repairing, removing and reconstructing such facilities. The City shall return the area it disturbs to grade and seed the same and replace the surface soil with the original type material. The Owner agrees to the following:. A. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of the City. B. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of the City. C. No soil, sand, gravel, or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. D. No use shall be made of the Lane except uses, if any, which will not change or alter the natural condition of the Land, and no use which would tend to change the drainage, flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the land or the water situated thereon. Owner herein does remise, release, acquit and discharge forever, the City and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water. Owner does not intend that the public should have any interest in the above land by virtue of this indenture or otherwise, except as hereinabove set forth. The Owner does covenant that the Owner is in possession of the above described property and easement and has lawful right and authority to convey and grant the easement herein granted. State Deed Tax Due Hereon: Exempt IN TESTIMONY WHEREOF, Owner has hereunto set Owner's hand the day and year first above written. Carol L. Senn STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) p th On this 1- day of August, 1990, before me, a notary public within and for said county, personally appeared Carol L. Senn, single, to me known to be the person described in, and who executed the foregoing instrument, and acknowledged that she executed the same as her free NORTM PUs ` NjuE9.80TA aCOUNTY Notary Public This instrument was drafted by REED & POND, LTD. , 5424 Shoreline Drive, P.O. Box 9, Mound, Minnesota 55364-0009. (612) 472-2222. EXHIBIT A The area designated as drainage easement in the plat of Senn Orono Addition, Hennepin County, Minnesota. 1- AND PRIOR TAXES PAID DEPT.OF PROPERTY TAX&PUBLIC REOOROS TRANSFER ENTERED SEP 1 1990 i �QNNEP U MINN. DEPUTY Resolution #2844 STATE OF MINNESOTA- COUNTY INNESOTA COUNTY OF HENNEPIN ) CITY OF ORONO ) •� I Dorothy M: Hallin , City Clerk of* the City of Orono , Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said*City Council at a meeting of said City Council held on August 13 - , 19 90 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 14th day of Augqst 1990 . .� D othy allin, City Clerk a., STEAL) �' , 1 a a b � 8 � Ilk � !ij g�g fill ll 9 5� qqll -b ro it H 8g H. O . fi Ci Z his., m co s Z a'r Yu 1'ta�+sY a{7s Mt•M7f M/•a.g l"7, gyp,l• Z a --3.L2.2fAN 9092U— 1`-- W w h• tQe T1a � �� ��r,.e...c.,p.gr.Lenm-1�"1 0 <a e:q� `��Y ��� a�7, ea.M_ "v�•rte N 81 a ~tom;i 7AZZON OMZ 8 i u: --9.LZdfAN 07 Litl-- tta'a�a'tr'M!'on-vo M7f$;o••••0071 l••as p".q t•M-i .I 'i I" I 1 ' N oA. 10 041o ° 1 01 j in in to WOW E _..3.i224 r 1 ( _ \� •„3S •t\ 1!.s.M• � O.01 } —_ .null is•M -.-----/� ?fir a '•1 N a ..FIs 1 1 1 I 1 N � � O 1 1 1 1 340 172.8 1 1 �' J ix � 1 140 N 1 t ' 4 1 1 (5) Aet 1 �f %• 5 1 1 W K (5) (4) 23 R cyiv 4z D b+ i 1 .n n !E +�� O O o I (2) 3 v'_^ 328.06 Z (4) 28.06 100 1 / r I f 1 f .� 23 R r 331.42 S,4$ 1 M 1 roan .T A. � 0 n) M 0 2 (3) (3) > ; (13) ` 378.55 3415 1 3340 2 33�o f 3405 1 N (2) . ..........280 .............. (9) :1 ''y 3X10 f dx 06 0 S89'09161 333 140 140 ()Q) _ n n � ___ _�Tl n n 361 y5 40. nHl H LA ----ss 9----I,iFi f 3 n 1 70.27 A� ,n c n 33 33 - v, PT OF LOT 2 O 6 C N (3) 5 2549.22 RES moo... STORM SEWER DISTRICT BOUNDARY — - — ' — crunni nlcroIrT 0r%lllklnA0v py ��,LArC1.0�s \ I to f q �. • I �_N to\ \` .• j, OM1- 'M •�+ Ld 1 ` \' / N 00 . , • - 1. •-t\\ .';� ��'��` � . M ro A 17- �N, 04 12 . 1 .•d-fir, �.8��� �: •;�In #�.' � 1 . '+1'� I O 8`�' N 10,44 . ' �� •��: �• 1--00 •a \ I �„ I Z. �� • I M •.mss-r-•-...eta `��- - x�` � \ � I �, ... O f.\ I .........„.1133!S'6tIL) sic► -•- .01 1 ' M c,l S ,8Zo68: N i `� r•,:� -- ✓' �_�—� 1 0 0££ r».-......-a` 12! 9'64£) A061 tZ._...-.........-..... .�� I:.�J•-- -ZD•stJ< -sem •��✓ Y'{r!'�+ �• +j r�:: J'�_.:••� I }► ,�.q ,': � t• � •1!' fir.� ��.r Nom' •�, 7 .1 � .ter Yz ';.�-l�.''f- �ir"a L � I t�- ;Yr: .wF a l.-�,, - ,f•!ay '��t� 7a. :(zz".'�'� ` •2..s s..s., .` � xWNW.' `. � 'k. > '1j'aU tit, ..� .1. s '•��nM>..dr��. t� J s— �f•. LZ �.''i r �{ �-E' �l�'�• �'• �" � ��`'m .e�•�s�rt •. �ie�lZlii'Y�ri s t _r :r 'fir_ ..tip ✓, ,;. rl Yt tv -.J -s Y ., �' t T R, .. / .� - .lis • .}. r—R., PT. L♦ �>�i �' ."�TLJ•ly1Z, �.a`� '.i,. t .'ice `[':�� _ •-�,+ :yaL�c .R ..t,,� -+: '''� � _ • .' � S � '� . f -rte,. y`•airy �iM .l t f_� L� �a .. � ���✓ v , t� _ i '�i .�'•y� ,r.!:^y�;�, r Y F r � , � -�F t• l �,. Mme; �• r ng1 i 4 • �,'�' � '10j ��' � 7.c 77j11 �� � >s � � �i rt' :d !. f'.'� `iF.s,'�''E� i '7��,E, �Y�f"r •1 rrq��,�Fk'f$� ""'N�"+'�c7<�� y}: k-,�P I y xs 4A A MINUTES OF M&RCH 19, 1990 PLANNING COMMISSION MEETING ZONING FILE #1506-SENN CONTINUED Hanson suggested that there may be opposition to the bridge by the fire insurance provider for this property. Mr. Don David, advised Hanson that the majority of the bridge will be constructed with steel and only the deck will be wood. Johnson questioned the need to involvt the Watershed District in this application due to the bridge. Mabusth said that the City Engineer will make that determination. She noted tnat unless a road requiring culverts is proposed to cross the creek, there is usually no need for a Watershed District review. Kelley asked for clarification regarding the legal combination of Outlot A and Lot 2. a Mabusth explained that Outlot A was created for the sole purpose of access and should be legally combined with Lot 2. It would then be required of the owner of Lot 2 to receive City approval to divide the combined lots at any future date. h Kelley noted that this proposal meets all of the Code Sections and is fairly straight forward. There were no comments from the public regare.ing this matter and the public hearing was closed. f It was moved by Planning Commissioner Brown, seconded by Planning Commissioner Hanson, to recommend approval of the preliminary subdivision for Carol Senn, 3220 Watertown Road, w " subject to the conditions sec forth in staff's memo dated 3/12/90. Kelley asked how the City- 11 be assured that Lot 1 will be served by the future ,e corridor, rather than continuing to use Outlot A. Mab said that the Resolution will state that condition and that the future property owner will be alerted to that fact. Mabusth said there is nothing else that will force the owner of Lot 1 to use that other access. Kelley asked then why only temporary access via Outlot A was being granted at this time rather than permanent access? Mabusth asked the applicant if she had a preference. Ms. Senn replied that it «' made no difference to her. Mabusth suggested that though there is nothing that would automatically trigger the property owner to use the access once the zoad is constructed, the City can require =s 'ry that the access be used. Motion, Ayes-4, Nays-0, Motion passed. OTHER: : , Mr. Gabriel Jabbour asked for the opportunity to briefly address the Planning Commission. 5 - f, a tit, f ,,�dd�� �➢^v�r� It�w 41a �� [ � A (..♦. 5" } }yam k } • \ \ tl ~ Ocp x w � X i I x� • n w % w Ig � • 1 '^ 0 • C;x •X L 4 . 0 0 w I I w A I I • � •1 1 � N X w I• — 1 • w % a 0 1 w 1 • X . O �x 1 1 • I O A w n • A x � Z o - � x o x w o \ \ i X X / / O S � f * Z o cr o I I 75y �x v. � / ob P / A /r 91' X O ✓ A \ x 0 \\�g9Gj fit r Est �F: J E/ �` \ 1V TES *(- ,\ v HOLE .o EAS LI E b \ \ �- \:; - a — �-- 5 _j q WES 2 R I-A _� \ E T1 4RO SE 1X4. SE /t. 5\'EC. .32� \ .— • \\ 1 I r ..t.. .... . . 33 RgDS 1 (55. F ETj.` �,�..... �` .... �\ / uj ti f 3. 6 - ACRES AACRES D x x / \ �,� N OF / $tUTH NORTH 330RO / °' x ��4��. FF \ A SE -t/•4,—SSTION n2/ 01 fx- / / loll � \ \ OEST,LINE OF(EAS20\ \ Sla\1�4� SE)1/ ,$Ec T O)`� `r OUTLO��r� \ SINE bq,RALLIZL IT As INE) �� 2.91+- ACRES \ OF►1NE5 30 1� 9 `/� �y � / — — - - - - -T / — N 00°0?_' 27" W 1032.00 /....� ..149.64---- o� EAST LINE OF WEST 30 RODS (495 FT) N 01 043' 45" Ess —'— —� OF SE 1/4, SE 1/4, SECTION 32 h 64 0 ........................ i .EAST LINE OF NE 1/4, e • / SE 1/4, SECTION 32ui Li 0 I / ci I 1 ` 000 N 0 � 1✓,�a1�/� 00 f M S 00037' 30" W X544 50 "' ' :.Q r ` I HOLE ll \\ 1 �5 a 11 WES 2 R 1 -\_ \ O ' Il 3T 4� RO ,�\ \�E, Ie---- 191- EAS ' SE 1�4, 'SE /t. ' C. J) \\ \` \` p) / O _ ...�.. •33 RgDS� ( ET ... ..... \.... I I� ,` }- �z \���.,/ I � 3. 6 - ACRES 1 M ` 3.(9-�- 1ACRES D / / j / Lo N / OUTH OF !'' �i 1 � -i(JOORRTHH�33 RO sE'tf4,-S><�TION ,yjb Z V. S 00037' 30" W 699.83 /^ .-... i o ��� — / � _- - - - - - --'�1 \ / �— \ I OAC VkST S1J 4\SE)1/ .BEG�O5 �� / \ I r �� / CSU T L s� A \ t- )LINE !�RALLL�L IT AS INE �9l 2.91+- ACRES '�) \ \\ \ :-"OFIY/E5 3C/ 9/� �y [�i -10 - - - - -- - - - - - - - - - - - -- - - - - -� - _ - ►-----..-�. : - -- �� a T- — 7 1032.00 ' o' 1 � ..........�....!. N 00°02' 27" W �o l 149.64-'..: EAST LINE OF WEST 30 RODS (495 FT) N 01 43 45 E ss �� •OF SE 1/4, SE 1/4, SECTION 32 O = I f � I O NORTH LINE OF NE 1/4, "'SE 1/4, SECTION 32 `i • • 1194-3 A;, 33d • PAP \ MS. \ LEGEND r X 970./ x 114119.9 x • PAVED ROAD _\ X %9 6 GRAVEL ROAD 970.2 MIVEYAT x q x ---_----- i.All t x 969.0 9/� 3 999.9 21, -- ►A9E0►ARYIRG 971.0 • 973.9 x ___ GRAVEL INKING GUARDRAIL 912.7 DIO �r 975.5 \ � RAILROAD 96/•6 ' x 970.3 � --------- IAIn 31DEYUA 7.0 BRIDGE x 971.2 • �'. %9.7 O DOC- 1 j r g10y xx 96/.7 r k I �__----� CUL 9ER1 I ` x 969.9 • 969.4 •\ I \� YKL -MIDGE WALL -CULVERT \ x 971.2 LARE/►OYU r \ /!O.SOON C 1� _ r -- rTf � � �•..i SIRE An \ 970.9 r r 968.1 k X %0.9 �•-../ MGE AIRALINE 970.7 \ O iEF TRREE COVER fl �� SYAi► 970.2 X \ r .- FENCE \ ^- \ GATE % X 971.5 \ r \ 970.7/ x /.4 966.6, ��� Yul \ x 1.�� BUILDING x x ve.s 1----i 973.5 r ` \x L----I BUILDIR9-TIMBER CONSIA. \ 977.5 \ • • \ °= III UC X 970.7 \^1971.5 / T I \ \` \ Q 979-9 \ x • CONCRETE SLAB \ �J 97J. 970.8 r x U \ ^ \\ x/x,\ \ 966.5'X �J 9Y11911 NG POOL \ v7s.o Q `\ ► RECREATION co1R1 J 971.0 x 977.J T /!0.000 V \ 971.6 x -{I- � A1•lETlt FIELD \ x 971.4 x r ^ \ x 970.5 �` x 972.7 / x%e.e\\ �J RECREATION AREA X I ` 73.9 sy X 981.5 9119-0 sll.�q l / _ O 1A.. x 970.3 0 ►OI[ > 7 x 970•: / x %S•o Y STREET L1c.T / x969.0 974.6 • YI IIJ IT /Or / / • / f73J RA I(ROAD I9NAL x x 9n.7 x 175.7 A S RAILROAD SYIICF / 975.0 x974.9 � GROUND CONTROL - 9891 ` . x x x x 071.2 977.7 WOUND CONTROL -MOR17. // •I// x 971.0 x 971.2 f/0./ INDEX CONTOUR X 971.1 x f7J•9 x 971.3 x INIERI[DIATE CONTOUR x 97S-G I x © DEPRESSION CONIOUIP \ r 974.9 If.san oescuREo coNTow x 970./ / X 3219.6 SPOT ELEVATIO• x 970.9 / / I • 986.Sx %7.� / r \ 993.9 x x / • : / 075.7 x 971.9 THIS x 970.9 9l4.8 ���` qIC 969.0 / \ • 9X 3\ X 971.° x x 967.0 / S.... .. R••• 100 20C 9x p \ \\ x qq C•.1••. 1.1•..•1 G\ Nva \ SE 1 /4 SEC 32 T 118N. R23N J ¢+, HENNEPIN COUNTY 1 7 . fa 1029.3 x ° \ Orono. Hlnne$Ot9 Aj \\ \\ 7 O x 101 e. 1020.91 �0 979.2 D.I• •T h•U•r•.rAr• 3.27.92 I O 1 918.9 o ❑ x HOR/IONS.INC 'o 103'.1 ° ° Ok 961.9% I l I •5010 ASAI AL "A"1 00 PROFESSIONALS 1075.1 O \ 1 4...t�...0.1-11".rf.AuwRc O \O 9•uAR•.... .. RW1.•IE�Y.-N}. `1 HORIZONS' FILE 2-9942 x 1044.6 979.6 990..x I ' TO: Street File FROM: Mike Gaffron, Planning Director&Jennifer Chaput, City Planner DATE: April 3, 2003 SUBJECT: 3220 Watertown Road (Lot 2 and Outlot A of Senn Orono Addition) 3240 Watertown Road(Lot 1 of Senn Orono Addition) Synopsis 1) Lot 1 has no current ability to develop suitable driveway access, therefore no building permits can be issued for Lot 1 until suitable access is obtained. 2) It is possible that Lot 1 does not contain 2.0 acres of contiguous dry buildable area and/or does not have septic sites that meet required setbacks. This will not be known until the OHWL of the creek is determined and the wetlands are delineated, hence no permits can be considered until this information is provided. 3) Issuance of building permits for the combined Lot 2 & Outlot A cannot occur until the OHWL of the creek is determined and a wetland delineation is completed, to verify the required lot area. If the lot area, proposed house location and other factors all meet code requirements,building permits could be issued. 4) Given the unknowns about buildability and access for Lot 1, it may be unwise to proceed with development of a residence on Lot 2 until the issues with Lot 1 are resolved and possible impacts to Lot 2 are known. Background In August 1990, the City of Orono approved the plat of Senn Orono Addition, creating Lot 1 (3240 Watertown Road), Lot 2 and Outlot A(combined as 3220 Watertown Road). The property contains protected wetlands and a protected tributary creek. The plat was approved two years before adoption of Orono's Shoreland Ordinance (Zoning Code Section 10.56) and one year prior to enactment of the Minnesota Wetland Conservation Act (WCA). Both of these subsequent regulations are applicable to the future development of the properties, and each has significant impacts on their buildability. This memo is intended to provide the owner and potential buyers of these lots an analysis of issues relative to the ability to develop single family homes on them. Senn Lots Analysis Memo 4-3-03 Page 2 I. Shoreland Ordinance. Prior to adoption of the Shoreland Ordinance in February 1992, Orono did not have a specific setback requirement from tributary streams or creeks, and at best a 26' wetland setback was likely the only setback enforced for structures. Furthermore, the City had no hardcover limitation applicable to tributaries. The City had enforced a 75' septic system setback from creeks and wetlands since the late 1970's; tested sites for Lot 1 were accepted at less than a 75' setback. The Shoreland Ordinance established standards and conditions for Stubbs Bay Creek (AKA Classen Creek) including structural and septic system setbacks from its Ordinary High Water Level (OHWL) as well as hardcover limitations, tree removal regulations, etc. These standards have placed numerous added restrictions on development of the Senn lots that were not in effect when those lots were created. A primary impact is that parts of the proposed driveway would not be allowed today. A second impact related to Lot 1 is that depending on the location of the OHWL, septic sites and house sites may be unusable. In discussions leading to adoption of the Shoreland Ordinance, staff and City Council acknowledged that many existing structures would become nonconforming, and a number of already platted lots would likewise be negatively affected. It was the intent of the City to deal with these through the variance process as each case came up. The City did not "grandfather" existing vacant lots which as a result of the Shoreland Ordinances became substandard. Development of the Senn lots, including construction of the driveway and bridge, are subject to the current regulations in effect today. II. WCA Regulations. Prior to enactment of the WCA Regulations by the legislature in 1991, the City had few guidelines for determining the boundaries of wetlands. Furthermore, the specific wetlands protected by Orono ordinances were limited to those identified in the 1974 Orono Wetland Inventory maps. While that inventory map (copy attached) showed substantial areas of wetland on the Senn property, it did not specifically identify the creek. Because the subdivision was completed before WCA was enacted, the wetlands on the property were not delineated under today's standards. The City merely determined at that time that areas below the 970' contour would be considered as wetland. However, that determination may or may not be valid today. Absent a formal wetland delineation, it is unknown whether each lot contains the required two acres of contiguous dry buildable area under current City standards. In the NW corner of Lot 1, a significant wetland area may exist that was not identified as wetland in 1990. This was not shown as wetland on the 1974 City inventory. However, this wetland was partially delineated for the adjacent Boyer plat. Because most of the wetlands on Senn Lots Analysis Memo 4-3-03 Page 3 the site were on the Orono 1974 inventory map, they do not fall under the category of"non-City- protected wetlands". Therefore, they are subject to a delineation and formal re-determination of their boundaries, which may severely impact the dry buildable area. III. Summary of Impacts on Senn Lots 1. We do not know whether either of Lots 1 or 2 contain 2.0 acres of contiguous dry buildable area, and will not know until their wetlands are delineated. 2. If either of Lots 1 or 2 contain less than 2.0 acres of contiguous dry buildable area, a lot area variance will be required; if they are significantly less than 2 acres, buildability may be in question. 3. The OHWL along the various stretches of the creek has not been officially determined, and must be determined (by applicant's engineer subject to City Engineer approval) to determine the points from which setbacks should be measured. The sketch by staff only estimates the 100' setback from OHWL for structures. If the 970' contour is the OHWL for Lot 1, its tested septic sites would be in violation of the required setbacks which came into effect in 1992. 4. The original approvals to construct a driveway within Outlot A paralleling the creek, and to construct a creek crossing, are no longer valid, because the driveway and creek crossing were never constructed and new, more restrictive regulations have since been adopted which would make such construction a violation of current codes. 5. The specific issues with the driveway are: a) It would be within 75' of the OHWL of the creek where no hardcover or grading is allowed per 10.56 Subd. 16 (J); b) Portions would likely be within a delineated wetland or within 26' of the wetland, requiring variances from the City (any variance for this work granted with the final plat approval would by definition have expired within one year of that approval if not used). C) Grading and filling in or near a wetland, and crossing of the creek, are also subject to WCA regulations administered for Orono by the Minnehaha Creek Watershed District, and variances to their regulations would likely be required. As a related issue, note that the 1990 subdivision approval required that there be only one access to Watertown road for the two lots, i.e. a shared driveway is required. Senn Lots Analysis Memo 4-3-03 Page 4 IV. Potential Alternatives for Access A primary issue for development of Lot 1 is access, and that access will have impacts on development of Lot 2. Assuming that variances would not be granted to allow the driveway to parallel the creek within the 75' hardcover/grading setback, but assuming that a wetland/creek crossing point within Lot 1 would be approved, then a 30' corridor along the east boundary of Lot 2 could be used for the driveway. An issue is the 20' high hill near the back of Lot 2, which would require a major excavation to make it into a driveway... As an alternative, access to Lot 1 could be sought from the Boyer property to the west of it, avoiding any new wetland impacts. However, such a driveway would require the cooperation of the owners of the property to the west, which is in the process of subdivision and has received preliminary plat approval. The potential issues with this alternative include: 1. Possible significant negative impacts to the adjacent Boyer building site by constructing a driveway through it. 2. City codes would require that access through Boyer be via an Outlot, requiring new approvals of preliminary plat. 3. City codes would require that for a level of three users, the Boyer driveway would have to become a road, bringing significant extra costs to the table, including issues with the width of the wetland crossing. V. Potential Solutions a) Gain access to Lot 1 from Boyer site, thereby avoiding driveway within the creek setback and avoiding the wetland crossing. b) Gain access to Lot 1 via a driveway thru some portion of Lot 2 outside the 75' setback, still requiring creek crossing variances. Might require platting of a new corridor within Lot 2. Must leave Lot 2 with at least 2.0 acres of contiguous dry buildable land. C) Attempt to obtain variances to build driveway and crossing as approved in 1990. d) Combine Lot 1 with adjacent Boyer lot to make Boyer lot abetter site. e) Same as d) but do a lot line rearrangement between Lot 1 and Lot 2/Outlot A, so that the dividing line approximately follows the centerline of the creek (this gives ownership of all land on east side of creek to Lot 2). Senn Lots Analysis Memo 4-3-03 Page 5 VI. Building& Development Standards The following are the minimum standards required to develop the lots at 3220 and 3240 Watertown Road for single family use: 1. Lot Area/Width Both lots are zoned RR-1B requiring a minimum contiguous dry buildable lot area of 2 acres and minimum lot width of 200 feet. While each of the two lots meets the 200' width standard, absent a wetland delineation it is unknown whether each meets the contiguous dry buildable area requirement. 2. Building Standards The maximum height permitted for a single family home is 30 feet and 2 '/2 stories. The setbacks for a principal structure in the RR-1B district, measured from the property lines, are as follows: Front Yard(from the south boundary of each lot): 50' Rear Yard(opposite the front): 50' Side Yard (abutting property to the east): 30' Side Yard (abutting property to the west): 30' From wells: 3' From septic systems: 20' From Stubbs Bay Creek: 100' from the OHWL From wetlands: 26' 3. Creek Requirements Stubbs Bay Creek, classified as a Tributary Stream, runs through both properties. All land within 300' of a Tributary Stream is subject to shoreland district requirements. Also, no hardcover is permitted within 75' of the OHWL of the Creek. Within the area from 75' to 250' of the OHWL of the Creek,no more than 25%hardcover is permitted. There is a flowage and conservation easement(labeled as a drainage easement on the plat) on the property that limits the use of the wetland and drainage ways. The easement surrounds the area located below the 970' elevation of the Creek. Today,the easement may not cover all areas of the wetland if the boundaries change due to delineation, and it may not accurately reflect the OHWL once that is determined for all segments of the creek.. A copy of the drainage easement and plat are attached. 4. Septic Systems All septic systems must be located at least 75 feet from the OHWL of Stubbs Bay Creek, 75' from wetlands, and 20 feet from any hardcover. Each lot is required to have a primary and secondary septic site and their sizes will vary depending on the number of bedrooms in the proposed structure. Orono code requires that sites with a minimum capability to serve a 5- bedroom home must be identified. Senn Lots Analysis Memo 4-3-03 Page 6 5. Access Outlot A was platted to serve as a shared driveway for Lots 1 and 2 as part of the 1990 subdivision approval. As a requirement of the subdivision approval, an engineering plan, illustrating the location of the driveway from Watertown Road to Lot 1,was required. The plan also showed a wood plank/steel bridge crossing the Creek on Lot 1. Since the approval, neither the driveway nor the bridge was constructed, and current codes would prohibit their installation today. In 1992, the City adopted regulations regarding shoreland management as noted above, adding structural setback and hardcover requirements from tributary streams. As a result, the proposed driveway location in Outlot A and bridge crossing the Creek in Lot 1 are not permitted. Access to both Lots 1 and 2 must be relocated away from the Creek. In order to accomplish this, replatting of a new access outlot on Lot 2 may be required. An access outlot would likely be platted 30' in width. The following requirements would apply to any outlot driveway approval: 1) Driveway Setback 5' from the side lot lines within the access outlot 2) Building Setback 50' from the access outlot Confirmation Report — Memory Send Time Apr-03-2003 03:47pm Tel line : +9522494616 Name CITY OF ORONO Job number 161 Date Apr-03 03:42pm To 19787493154 Document pages 007 Start time Apr-03 03:42pm End time Apr-03 03:47pm Pages sent 007 Status OK Job number 161 *** SEND SUCCESSFUL *** a�-��o Czty of Oy-ono 27-50 1C411sy Pzvv wcw P.CX Box 66 Crystal Bap+, ABN 55323 (9-52) 249-4600 Faoc: (952) 249-4.616 FAX TRANSMISSION COVER SfMET Fes: 97' S — 7xy 3/,SSI Rs: Z Soej=�, •J/J AcTL3�.T'o wI`) 06 3s�dsr: 1 x4p- YOUSHOULD 12ECF,IT/E � PAGE(S), �rCLUDIIVVG THlS COYER SHEET. IF YO U DO NOT 12ECEIYE.4 t.>- THE PAGES, PLFiASE CALZ (952) 249-4600. City of Orono ��t''AEsso4�a 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION COVER SHEET Date: -3 - 0? To: kedy (S ey. Fax: o70 315q q7S -9Z93 Re: 32.10 -3 2..1/0 W krt--vP .T`o "AJ Sender: M-10-c e; YOU SHOULD RECEIVE PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (952) 249-4600. P 711 PROdM OF Ifo ' v-,t OF U-k`71AQ-b sTr wA , eb&C d F ElNe ■ t es-n �T a east t) u4AA I-A S Pr'tc. S r S x o 4 I � h 4 o h X X N O O co 001, lift ` /� ry P f P �6 00 IL r EAS LI E \ \ �- \• :' -- 1 5 i, WES 2 R � }�• ,, _� \ �' :� I; ' I 1)EAT 4 \ 1 I SE 1X4�SE ° C. Jj I 1 � \ __ • _ _ r: _I � h...t...... 33 RgDS \(5 `5. F�ET ._.� ..... ... . . ILLJ LLJ / it _ 3. 6 1 - ACRES 319 i- A CRES D / N �i0LE5•.• ' `0UTH L OF / / �,��i o+ X v /// // ` � � / \•� � 1 �. (�� �� - —�ORTH 33T)ORO •� - SE`-ti`4,j�XIO rn � ` �9�2 v�� �l � ,9�b/ /// � � :.\ oma•\ \� / _ \ f �!1 �kST 1LINE� OF (EAS i i — — — — OF\`E�1 4\ SE)1/ �$EQT)O �/ `, `_ / `r U T L .9""' � A \ t- )-INL RALLL�L IT AS tNE\0� '► 2.91+- ACRES �� `/� �' / Qi �E T 3G! !� D 9 �• / no- T — C a::::: o 0 o.. t.............. • o � o /....1.... N 00°02' 27" W 1032.00 ` 1 -149.64-- / oN EAST LINE OF WEST 30 RODS (495 FT) N 01 o 43r r r 45 Ess OF SE 1/4, SE 1/4. SECTION 32 h O