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Home My WebLink AboutResolution 7058 iO�pCITY OF ORONO RESOLUTION OF THE CITY COUNCIL yNO. ? 0 5 8 kESHO A RESOLUTION APPROVING A PRELIMINARY PLAT FOR IVY PLACE SECOND ADDITION FILE NO. LA19-41 WHEREAS,on May 22,2019,Lake West Development on behalf of themselves and Russell Kocon and Jacqueline Gibney("Applicant[s]"),applied for a preliminary plat for the property legally described as: Lot 1 and Outlot A Ivy Place(hereinafter the"Property"); WHEREAS,on November 18,2019,after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on November 18, 2019, the Planning Commission recommended approval of the preliminary plat; and WHEREAS, on December 9,2019,the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested preliminary plat as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-41. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1C Zoning District. 3. The property is guided for Low-Medium Density Residential in the 2040 Community Management Plan. 1 CITY OF ORONO RESOLUTION OF THE CITYCOUNCIL A 7O NO. ( 0 5 F G 4kESHO0' 4. The Property contains 0.82 acres in area and has a defined lot width of over 200 feet. 5. The property will be served by municipal water and sanitary sewer. 6. The Property is within Tier 1 and hardcover is limited to 25 %according to the Stormwater Quality Overlay District. 7. The 2 parcels will be combined into 1 buildable lot. The outlot, originally provided as access for the back lot (Lot 2, Block 1, Ivy Place) will be replaced with an easement, as provided by via a variance approved as case LA19-000028 8. The lot will conform to the requirements of the zoning district related to lot area and width, and provides adequate building sites within the required front, side, rear, lake yard, and average lake yard setbacks. 9. Access to the property is via the northern extension of Ivy Place, a public road, and via a private easement through 3560 Ivy Place, a private occupied residence. 10. In considering this application for platting, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed subdivision upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. 11. The Parks, Trails and Open Space element of the Orono Community Management Plan (CMP)has no current plans for parks that specifically require dedication of park land from this property. The City will confirm the park dedication required at the time of final plat. 12. A number of easements impact the property, identified those identified in Resolution 6789, approving the preliminary plat for Ivy Place. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants preliminary plat approval to allow the replatting of the lot and outlot into 1 buildable parcel, as 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1litOAt\jpiloc, NO. 7058 G . Es HO depicted on the plans dated October 22, 2019 prepared by Civil Site Group, attached as Exhibit A, subject to the following conditions: 1. No structure may be closer than 75 feet to the lake on either side. 2. The Average Lake Shore Setback shall be 75 feet from the Ordinary High Water line on all sides. 3. The property line between lot 1 and the adjacent Ivy Place Plat lot 2 shall function as a side property line, requiring 15 feet setback(150%of 10 feet side yard setback for LR-1C). 4. Declaration and documentation of wetland buffer as required by MCWD. 5. All comments of the city engineer, outlined in a memo dated August 14, 2017 for the original Ivy Place Plat shall remain applicable. 6. Ivy Place and the portion of the drive within the easement at 3560 Ivy Place shall be inspected and its condition noted prior to construction. All damage shall be repaired to the satisfaction of the city prior to release of financial security. 7. The applicant had represented they have legal access. To the extent that the access rights are modified through court order or other means, the plat would be voided. 8. Council approval is based on the entire record, above Findings. 9. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 10. An easement providing access through lot 1, Block 1 Ivy Place second addition shall be granted to the benefit of the city and the owner of Lot 2, Block 1, Ivy Place. 10. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by filing a final Plat application within one year of the date of Council approval, or the preliminary plat will expire on that date (December 9, 2020). 11. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 3 i.0 . CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �F G��' NO. 7058 -/kESHO ADOPTED by the Orono City Council on this 9th day of December, 2019. 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