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HomeMy WebLinkAboutRes 4266 .. ev OO =;;j: t,� CITY of ORONO �� AVel; RESOLUTION OF THE CITY COUNCIL �`9kESH0�`�� NO. 4 2 6 6 A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 364 AND 372 WESTLAKE STREET; GRANTING OF VARIANCES TO MUNICIPAL CODE SECTION 10.23, SUBDIVISION 6 (B) AND SECTION 10.56, SUBDIVISION 16 (C) (6); AND CLOSING OF A PORTION OF WESTLAKE STREET FILE NO. 2465 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 (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 subdivision of a lot line rearrangement by Robert D. Erickson and Lisa S. Erickson (hereinafter "the subdividers") of properties legally described as: Lots 9, 10, 11 and 12, Block 1, Hillside Park, according to the recorded plat thereof, together with that part of the vacated alley adjoining said Lot 12 per Document No. 2711665, Hennepin County, Minnesota. to be rearranged by transferring a portion of Lots 10, 11 and 12 and vacated alley to Lot 9 described as: . Exhibit "A" WHEREAS, After due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 15, 1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the subdividers have completed all requirements of the City for a subdivision to rearrange the property lines between 364 and 372 Westlake Street. Page 1 of 7 , • 4i‘ 0 'eV) 0 .qt, ^{ ,p, ITYof ORONO ; Iii G RESOLUTION OF THE CITY COUNCIL ��`9zsii05`� NO. 4 k WHEREAS, The subdividers have offered to deed property to the City of Orono for the future development of a cul-de-sac at the South end of Westlake Street. WHEREAS, At their regular meeting held on March 22, 1999, the Orono City Council considered the subdivision application of Robert D. and Lisa S. Erickson, noting the following findings of fact: 1. The property is located within the LR-1A, Single Family Lakeshore Residential District requiring a minimum of 2 acres lot area. The existing lots are as follows: 364 Westlake Street 0.65 acres 372 Westlake Street 2.01 acres 2. The subdividers have proposed a lot line rearrangement creating two substandard lots and deeding to the City property for the east half of a future cul-de-sac. The lots are as follows: 364 Westlake Street 1.44 acres 372 Westlake Street 1.20 acres Deeded Right-of-Way 0.03 acres 3. The proposed lots require variances for lot area and lot width because they are undersized for the zoning district. 4. The northern lot, 364 Westlake Street, requires a variance for average lakeshore setback, as it is not possible to construct a new residence without encroaching into the average lakeshore setback. 5. The subdividers have offered to deed property for the eastern portion of a future cul-de-sac at the southern end of Westlake Street. 6. It is intended to develop the cul-de-sac in the future outside of the 75' lakeshore setback, thus reducing the length of Westlake Street. The subdividers have agreed, at their expense, to remove the portion of Westlake Street south of the platted cul-de-sac to Stubbs Bay of Lake Minnetonka. Page2of7 . . 0 o 0 ;: t� CITY of ORONO l�0 - ti 4 1.. �� I�� RESOLUTION OF THE CITY COUNCIL �4 �►•:��M�'� fit, 4-kes �4 NO. 4 6 7. As a result of deeding land for the cul-de-sac, at the request of Staff and the Planning Commission for emergency vehicle turnaround, the subdividers shall be credited for lot area as it relates to lot coverage by structure and hardcover as if the cul-de-sac had not been created. The lots shall be allowed the following: 364 Westlake Street Lot Coverage by Structure 9,567 s.f. Allowed Hardcover 75-250' setback 9,616 s.f. 372 Westlake Street Lot Coverage by Structure 7,926 s.f. Allowed Hardcover 75-250' setback 7,333 s.f. 8. A non-conforming septic system and drainfield are located on the 372 Westlake Street parcel. In 1996, previous property owners were required to abandon the system and connect to sanitary sewer. All assessments for the sewer project have been paid on the lot, however, at the time a new residence is constructed the property owner(s) will be required to pay a SAC fee and abandon the existing septic system. 9. The principal residence located on the 372 Westlake Street property is required to be removed prior to filing the subdivision as it is located on the newly created property line. All other buildings, including cabins, shall be removed by the subdivider. 10. The City discussed a subdivision proposal for the 372 property, however the Subdivision was not approved because the proposed development would have created two substandard lots from a conforming lot. Staff recommended the property owner attempt to acquire an additional lot, not to increase density. The subdividers have purchased the lot to the north (364 Westlake) to allow a lot line rearrangement without creating new residential sites and increasing density. 11. Removal of the residences and cabins will decrease the overall "dwelling units" on the properties from 4 to 2. Page 3 of 7 . . , --3) °.iv. 0 0 „,.,. t..„ )4 CITY of ORONO ,�; I`, G~ RESOLUTION OF THE CITY COUNCIL �tikESilt NO. 4 2 (3 6 12. Platting of a cul-de-sac on Westlake Street has eliminated the need for the southern portion of Westlake Street. The Council, at the request of the subdivider, has determined it is appropriate to close the portion of Westlake Street south of the platted cul-de-sac. Most of the existing paved Westlake Street to be closed is within the 75' lakeshore setback. It is the intent of the City's Comprehensive Plan to protect the water quality of Lake Minnetonka as well as downstream flood zones along Minnehaha Creek. Removal of the bituminous surface will assist in meeting the intent of the Comprehensive Plan by allowing storm water to be absorbed into the soil rather than running over hardcover directly into the lake. 13. The closing of Westlake Street south of the platted cul-de-sac will not change the "public" status of the undeveloped Westlake Street. It is the position of the City these platted access areas to the lake remain as they are beneficial to the localities especially to property owners without riparian rights. 14. The subdivider is owner of property located at 365 Westlake Street. Access to the property will be from the cul-de-sac. Curb cut to the cul-de-sac shall be approved by the Director of Public Services. 15. Granting variances for lot area and lot width, and an average lakeshore setback variance for the northern lot, shall be granted. The Council waives the one year time period for variances and creates two "RECORD LOTS". Building plans conforming to the standards set forth in the zoning chapter and/or conforming to the conditions established by this resolution shall not require further Council review. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono hereby approves the lot line rearrangement of the above referenced property by the subdividers as shown on the certificate of survey by John K. Barnes, a licensed surveyor of Sunde Land Surveying, LLC, dated February 18, 1999 and revised March 17, 1999, attached Exhibit "B", and grants variances to Municipal Code Section 10.23, Subdivision 6 (B) to permit both newly created lots to be "RECORD LOTS" and are granted variances from the zoning chapter requirements for lot area and lot width; and Section 10.56, Subdivision 16 (C) (6) to permit an Average Lakeshore Setback variance for the northern lot (364 Westlake Street); and to close Westlake Street south of the platted cul-de-sac. The approval is subject to the following conditions: Page 4 of 7 - , . • 4?v ° o 44,„ o ^,: ,� CITY of ORONO ,,,, l�''�S'A?}%'l,a A>: �'' iisSIIP�%`'� 0 RESOLUTION OF THE CITY COUNCIL �t9 ! ,A, NO. ___. kEs140 1. The new legal description for Parcels A and B, as shown on the survey sited above, shall read as follows: Exhibit "A" 2. The existing legal descriptions are as follows: 364 Westlake Street Lot 9, Block 1, Hillside Park, Hennepin County, Minnesota 372 Westlake Street Lots 10, 11 and 12, Block 1, Hillside Park together with that part of the vacated Alley adjoining said Lot 12 per Document No. 2711665, Hennepin County, Minnesota 3. New drainage and utility easements as follows: Parcel A and B Exhibit "C" 4. Variances shall be granted creating "RECORD LOTS" for Parcels A and B. 5. The septic system located on Parcel A (372 Westlake Street) shall be abandoned and the property connect to sanitary sewer. 6. All structures located on the existing 372 Westlake Street parcel shall be removed prior to filing the subdivision. 7. The subdividers shall remove that portion of closed Westlake Street and submit a landscape and development plan acceptable to Staff. The plan shall include a trail to be developed by the subdividers from the cul-de-sac to the lake, including landscaping. The plan shall allow for pedestrian and non-automobile traffic. 8. Standard Drainage and Utility Easements shall be shown on the survey along lot lines. Page 5 of 7 • 0 0 .4;?. ti.- CITY of ORONO C,ti' RESOLUTION OF THE CITY COUNCIL 9kES1104 NO. 9. 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 April 12, 2000 together with a certified original copy of this resolution. 10. The City of Orono shall not issue a building permit for improvements to either of the new parcels prior to recording the subdivision. 11. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, a new application shall be required for the City of Orono review. LEGAL DOCUMENTS required: a) Title Opinions 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 subdivider must provide certified copies of all recorded easements currently affecting the property. c) Copies of Certificate of Survey for filing with Hennepin County. d) Legal descriptions of new lots, drainage and utility easements and deeded cul-de- sac. Adopted by the City Council of Orono, Minnesota this 12th day of April, 1999. ATTEST: Linda S. Vee, City Clerk Gabri- Jabbour, Ma• •r STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Page6of7 4, o .41 ( 0 . 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL '4ES1104 NO. 4 2 The foregoing instrument was acknowledged before me on this 12th day of April, 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.^�rj CAROIE A.HASEMP.N � ertile-& ;� NOTARY FU6LIC y11rI;ESO' Ih 4/61!E 1 misso Notary Public _n,3 20�.� s My Cctrm;ssicn E�,ises JY.��. Page 7 of 7 • Exhibit "A" PROPOSED PROPERTY. DESCRIPTION FOR• PARCEL A That part of Lots 10, 11 and 12, Block I, HILLSIDE PARK, according to the recorded plat thereof; together with that part of the vacated Alley adjoining said Lot 12 per Document No. 271 1665, Hennepin County, Minnesota, lying west of a line described as commencing at the northwest corner of said Lot 10; thence on an assumed bearing of North 89 degrees 57 minutes 07 seconds East, along the north line of said Lot 10, a distance of 307.00 feet to the point of beginning of said line to be described; thence on a bearing of South to the shoreline of Lake Minnetonka and said line there terminating. Except that- part of said Lot 10, lying northwesterly of a curve concave to the west having a radius of 40 feet. Said curve passes through the northwest corner of Lot 9, said Block 1, HILLSIDE PARK and passes through a point on the westerly line of said Lot 10 distant 74.16 feet south from said northwest corner of Lot 9. The center of said curve is on the center line of Westlake Street as dedicated in said plat. • PROPOSED PROPERTY DESCRIPTION FOR PARCEL B Lot 9 and that part'of Lots 10, 11 and 12, Block I, HILLSIDE PARK, Goad-. cco ding to the recorded plat thereof; together with that part of the vacated Alley adjoining said Lot 12 pe, Document No. 2711665, Hennepin County, Minnesota, lying east of a line described as commencing at the northwest corner of said Lot 10; thence on an assumed bearing of Nor 89 degrees 57 minutes 07 seconds East along the north line of said Lot 10 a distance of 307.00 feet to the point of beginning of said line to be described; thence on a bearing of South to the shoreline of Lake Minnetonka and said line there terminating. Except that part of said Lot 9, lying westerly of a curve concave to the west having a radius of 40 feet. Said curve passes through the northwest corner of said Lot 9, and passes through a point on the westerly line of Lot 10, said Block I, HILLSIDE PARK distant 74.16 feet south from said northwest corner of Lot 9. The center of said curve is on the .enter line of Westlake Street as dedicated in said plat. • PROPOSED RIGHT OF WAY DESCRIPTION That part of Lots 9 and 10, Block 1, HILLSIDE PARK, according to the recorded plat thereof, Hennepin County, Minnesota, lying westerly of a curve concave to the west having a radius of 40 feet. Said curve passes through .the northwest corner of said Lot 9, and passes through a point on the westerly line of said Lot 10 distant 74.16 feet south from said northwest corner of Lot 9. The center of said curve is on the center line of Westlake Street as dedicated in said plat. • Exhibit "B1' _ =n— f • . 1 IS . • I r _ �= 1..__� 1 L--L-- ;Will I + 1 WESTLAKE _— ST EET tiffs}: • hmYl I r O 1 +' i •1 t fly }11•C; , • F If I . 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I(' # .I Cn i iii. 1 /IIF , illi Iii! 1 . f2• f}t' ; ijtt4T j iV12'' =.i 1 j] t pp titL t =jit� = ;- }ij�•It^g �it1 I fit; �i = �;=2s ,i;� i` 1 �i �1t �(S7v -lir 11 I.,• l 4� 1� i; I.2=# �jt=I . t ,�;�}i t.I ?;�. i� 1 III r � .t 1 f i' �:�1 Idl !i i ; .. '�t.t tiif{� f t 4:. all 1.414 a In i ;11: Ii = r: sus ;SST r II i1; i liti ill in 14'9 p21tritli2 -i k r I t ii 1iiI =iii t ' iti ; vIc1 ' 'i t i as i' Jii i1 `"I � j ! SII •2' � ' HI 1 till' 14 :It; if 1 '3 1 �t t ; t 1 t i is �f Sr11 tlicl 1r _ II ' '_ ' 'tl? # ;t= t4.111. Iaxtrl Ji{{ 'j'i1f#f�� :j ! j f. i1 +'i4+ t s j 1 � - s Iirils1}' 03 1stJ = 1 IF= •a 1t a It }I I iii3 1 i �.• t 2 II 22 i� �n t • 11 a • Exhibit "C" DESCRIPTION FOR PROPOSED DRAINAGE AND UTILITY EASEMENT OVER PARCEL A The westerly and northwesterly 10 feet and the northerly and easterly 5 feet of the following described property. That part of Lots 10, I I and 12,- Block I, HILLSIDE PARK, according to the recorded plat thereof,• Hennepin County, Minnesota, together with that part of the vacated Alley adjoining said Lot 12 per Document No: 2711665, Hennepin County, Minnesota, lying west of a line described as commencing at the northwest corner of said Lot 10; thence on an assumed bearing of North 89 degrees 57 minutes 07 seconds East, along the north line of said Lot 10, a distance of 307.00 feet to the point of beginning of said line to be described; thence on a bearing of South to the shoreline of Lake Minnetonka and said line there terminating. Except that part of said Lot 10, lying westerly of a curve concave to the west having a radius of 40- feet. Said curve passes through the northwest corner of Lot 9, said Block '•I, HILLSIDE PARK and passes through a point on the westerly line of said Lot 10 distant 74:16 feet south from the northwest corner of said Lot 9. The center of saic curve is on the center line of Westlake Street as dedicated in said plat. DESCRIPTION FOR PROPOSED DRAINAGE AND UTILITY EASEMENT OVER PARCEL B The westerly 10 feet of that_part of Lot 9, Block I, HILLSIDE PARK, according to the recorded plat thereof, Hennepin County, Minnesota, lying easterly of a curve concave to the west having a radius of 40.00 feet. Said curve passes through the northwest corner of said Lot 9, and passes through a point on the westerly line of Lot 10, said Block I, HILLSIDE PARK, distant 74. 16 feet south from the said northwest corner of Lot 9. The center of said curve is on the center line of Westlake Street as dedicated in said plat. Together with the northerly 5 feet of that part of said Lot 9 lying easterly of the above described curve. Together with a 5 foot strip over Lots 9, 10, l I , 12, said Block I , and the vacated Alley adjoining said Lot 12 per Document No. 2711665, Hennepin County, Minnesota, lying northerly and easterly and adjoining a line described as beginning at the intersection of the south line of said Lot 9 and the above described curve; thence on an assumed bearing of North 89 degrees 57 minutes 07 seconds East, along the south line of said Lot 9, a distance of 284. 10 feet to a point 307.00 feet east of said southwest corner of Lot 9; -thence on a bearing of South to the shoreline of Lake Minnetonka and said line there terminating.