HomeMy WebLinkAboutRes 3953 •
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IA�< �� iM .) RESOLUTION OF THE CITY COUNCIL
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9kESHOs.' NO. 3 q 5 3
A RESOLUTION GRANTING
COMMERCIAL SITE PLAN APPROVAL AND
CREATION OF AN EASEMENT FOR A
DRIVEWAY FROM 3340 SHORELINE DRIVE
TO SHADYWOOD ROAD
- FILE NO. 2267
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, John O'Sullivan, owner of the commercial property located at 3340
Shoreline Drive, and Ted Christianson on behalf of Adam Smith Company, owner of the
commercial property located at 2380 Shadywood Road, have jointly applied for commercial site
plan approval for the construction of an access across 2380 Shadywood Road to serve 3340
Shoreline Drive; and
WHEREAS, the subject properties are legally described as follows:
3340 Shoreline Drive: Exhibit A, attached
2380 Shadywood Road: Exhibit B, attached; and
WHEREAS, the co-applicants request approval for the creation of an access
easement across 2380 Shadywood Road, such easement legally described as follows:
Exhibit C, attached; and
WHEREAS,the Orono Planning Commission reviewed this request at their regular
meeting of July 21, 1997 and by a vote of 4 to 2 recommended denial of the request based on
safety issues and lack of coordination with the comprehensive development of the 2380
Shadywood Road site; and
WHEREAS, on August 11, 1997, the Orono City Council reviewed the request of
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the applicant, and the recommendations of the Planning Commission, City staff, and the City
Engineer; and
WHEREAS, on August 11, 1997, the City Council on a vote of 5 to 0 approved
the proposed easement creation and access construction and directed staff to draft an approval
resolution with appropriate conditions; and
WHEREAS, in approving this request, the City Council makes the following
findings of fact:
1. The commercial site at 3340 Shoreline Drive lacks access to Shadywood Road, and
such lack of access presents difficulty for customers ingressing and egressing the
property.
2. Although no comprehensive site development plan has been approved for the 2380
Shadywood Road property, the preliminary site development proposal includes an
access at the location now proposed by applicants for access to 3340 Shoreline
Drive.
3. The proposed access location entering Shadywood Road is approximately 130' from
the north right-of-way line of Shoreline Drive where it intersects Shadywood Road.
Because the City Engineer has indicated that this distance is potentially less than
the optimum separation for an access from the major intersection at this location,
and because there is a potential for a free right turn lane to be developed by
Hennepin County at some time in the future from westbound Shoreline Drive to
northbound Shadywood Road, it is appropriate to allow the proposed access on a
temporary basis only, with the City retaining the right to require the access to be
moved if conditions so dictate in the future.
4. Hennepin County Department of Public Works has permit jurisdiction over the
proposed access location and has indicated that the County will approve the access
as proposed.
5. Because the proposed new access will impact circulation in the parking lot at 3340
Shoreline Drive, Council has reviewed the safety concerns raised by the Planning
Commission and has concluded that it is appropriate that applicant provide a 6'
section of railing along the sidewalk outside the northwest restaurant entrance
doorway as shown on Exhibit D attached. Council further finds that the revisions
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.fit ig^i �cti RESOLUTION OF THE CITY COUNCIL
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to the northwest restaurant doorway configuration have eliminated the need for
installation of permanent or fixed pylons and cross-hatching of the crosswalk along
the northwest side of the restaurant as originally required per Resolution No. 3706.
6. Council finds that minor revisions to the layout of the parking lot as indicated in
Exhibit D will enhance safety and enhance green space to somewhat offset the
increase in hardcover caused by the additional access.
7. The proposed driveway will cross a portion of Navarre Lane which has been
conceptually vacated. The City retains all rights of jurisdiction over Navarre Lane
until such time that its vacation is completed.
8. Because the proposed easement agreement provides for overflow parking for the
3340 Shoreline Drive property on the conceptually vacated portion of Navarre Lane
which would be attached to the 2380 Shadywood Road property, such easement is
conditionally approved subject to the completion of the vacation of that westerly
portion of Navarre Lane.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono
hereby approves the commercial site plan for construction of a driveway and creation of an
easement for access purposes over 2380 Shadywood Road in favor of 3340 Shoreline Drive based
on the findings of fact noted above, subject to the following conditions:
1. Applicant shall provide a driveway construction plan to be approved by City staff
prior to driveway construction.
2. Applicant shall obtain a City land alteration permit and a Hennepin County access
permit prior to construction of the driveway.
3. This access location is specifically approved on a temporary basis only. The City
shall have the right to require that the access location be moved if the Council
determines that the access presents a safety hazard, or if comprehensive site plan
approval for the 2380 Shadywood Road property results in an access location that
requires this initial access to be relocated, or for other reasons at the discretion of
the City Council. If the Council chooses to have the access relocated, the
applicants shall have the right to comment at a public hearing.
4. O'Sullivan shall construct a 6' segment of railing extended along the sidewalk
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1.:tt,, M� 0j �c.,� RESOLUTION O T�HEr�CI Y COUNCIL
9kESH04 NO.
adjacent to the northwest restaurant doorway exit, subject to approval of the
Inspections Department, and such railing to be in place prior to opening of the new
access.
5. Changes to the submitted parking plan shall be required as noted in Exhibit D,
including:
A. Elimination of the last parking stall adjacent to the westerly Shoreline Drive
exit to the site; and
B. Reconfiguration of the parking lot curbing near the new access to create
additional green space.
6. Authorities granted by this variance run with the property not with the owners, but
are permissive only and must be exercised by application for a land alteration
permit within one year of the date of Council approval, or the special conditions of
this resolution will expire on that date (September 8, 1998).
7. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
8. The undersigned applicants have read, understood and hereby agree to the terms of
this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the Chain of Title of the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 8th day of September, 1997.
A TEST:
4.14741. //41,4*,,t
Dorothy allin, City Clerk Gabriel abbour, Mayor
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Property Owner(s)
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P op rty Owner(s)
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i-----=„. t.- CITY of ORONO
ii^i �C.71 RESOLUTION OF THE CITY COUNCIL
9kESIICA NO. 3953
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 25th day of August, 1997 .
by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
0LINDA S.VEE G?1 !/e.".,-, , l s,-
NOTARY PUBLIC-MINNESOTA "
',,-viz HENNEPIN COUNTY \ Notary Public
1. My Commission Expires Jan.31,2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 114`' day of Iv ova oti 6 c-'---" , 199-7 before me a Notary Public within
and for said county, personally appeared %ici G. C.Ar,s,(ce0`c Yt-
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
CAOLYN M.TILLOTSON /7C { L/ 7Yg/NOTARY PUBLIC-MINNESOTA
' HENNEPIN res Jae: ph commission NOTARY PSBLIC
,
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ii`I`'day of Malt.*M-b<A . , 1997 before me a Notary Public within
and for said county, personally appeared —75--k,.... 11• D: .0& pia vt-
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
CAROLYN M.TILLOTSON ti
�i NOTARY PUBLIC-MINNESOTA i j � L / Lc/5' .
• ...
., HENNEPIN COUNTY
c- My Commission Expires Jan.31.2000 'i
, „��r J,Jj rf/ NOTARY PIYBLIC
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Exhibit A
Resolution No. 3953
Legal Description, 3340 Shoreline Drive
Tract A,Registered Land Survey Number 1433,Files of Registrar of Titles, County of Hennepin.
Part of the boundary lines of said land are marked by Judicial Landmarks set pursuant to Torrens
Case No. 17065, and vacated Navarre Lane.
Exhibit B
Resolution No. 3953
Legal Description, 2380 Shadywood Road
Lots 19, 20, 21, and 22, Wiley's Navarre Addition, Lake Minnetonka; and that part of Lot 5,
Block 3, Townsite of Langdon Park,described as follows:
Beginning at the Northeasterly corner of said Lot 5; thence Northwesterly along the Northerly
line of said Lot 5 to the Northeasterly line of the public highway running across said Lot 5 and
known as Minnetonka Lake Park and Maple Plain Road (now County Road No. 19); thence
Southeasterly along the Northeasterly line of said road to the Easterly line of Lot 5; thence
Northerly along the Easterly line of said Lot 5 to the point of beginning.
Hennepin County
Abstract and Torrens Property
Torrens Certificate No. 776469
Exhibit C
Resolution No. 3953
Legal Description,Access Easement
INGREtralgegSS EASEMENT DESCRIP1IQN
•
A 40 foot easement for ingress end wise oar that pert of Lot 5. Block 3. Towrete of
Langdon Park tyres within 20!rest on each side of the following deocrroed centarute:
Commencing et the northaset carder of$S d Let 5;thence an an sssumsd besnng of
Smith 16 degrees 56 minute*Wed along the soutivelestsrly line of said Lot 5 a
distance of 195.00 feet to the point of beginning of the line being described;thence
North 73 degrees 04 minutes West a distance of 10.00 feet;thence westerly Wong a
tangential CUM coaxer*to the south having a radius or 110.00 tart, to time
northeeit.i v right-o4-way line of County Road 19, and there ending.
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