HomeMy WebLinkAbout#3483 - preliminary plat approval , ��I�Y-1..J �xJ��. �
/
�' ��' CITY of ORUNO
o ,�� o
�T RESOLUTION OF `I`I� CITY COUNCIL
� c� �
'a,,� `� t. �;:� �, N0. � � � .'
� � ' �' G~
��kE5�I04�
A RESOLUTION GRANTING PRELIMINARY
APPROVAL FOR A PLAT AT
464S/4665 BAYSIDE ROAD
- FILE NO. 1967
WHEREAS, Robert S. Olson of 4645 Bayside Road, Irvin Geffre of 4665
Bayside Road and K-P Properties Inc. represented by Donald R. Peterson on August 26, 1994,
filed a formal subdivision agplication with tb.e City for approval of a residential plat of property
legally described as:
Locs 1 and 2, Block 1, Bayview Farms, Hennepin County, Minnesota (hereinafter
"the property"); and '
WHEREAS, after due published and mailed notice in accardance witlti Mimiesota
Statutes 462,358 et. seq. and the City of Orono's Zoning and 5ubdivision Codes, the Orono
Planning Commission held a public hearing on September 19, 1994, at which tirz�.e all persons
desiring to be heard concerning Ehis application.were given the opport�nity to speak thereon; and
WHEREAS, the applicants subsequendy revised their proposal which was
reviewed by the Planning Cornmission at their regular meeting af October 17, 1994, at �vhich
time Planning Commission on a vote of 7 to 0 recommended approval of the revised proposal;
and
WHEREAS, at their regular meeting held on October 24, 1994, the Orono City
Council considered the suvdivision application of Robert S. Olson, Irvin Geffre and K-P
Properties Inc., noting tlie following findings of Fact: '
1. The property is located within the RR-1B, Single Family Rural Residential
Zoning District requiring a minimum of 2 acres of contiguous dry buildable land
� within each newly created lot.
2. The property eontains. a total of appro�cimately 19.5 acres, of which
approximately l..l acres has been delineated as wetland.
Page 1 of 6
Faw 5005 aw dr
. � ' i
� °� .
� , 0 CITY of ORONU
a �'��;m, RESOLUTION OF THE CI7'Y COUNCIL
� .� � �3 � 8 ��
,� , � .�'� ti . No.
ti
. ��9�� . o���
EBTrI
3. The proposed plat contains twa lots (designated as proposed Lot 1, Block 1 and
proposed Lot 1, Block 2), each con.taining an existing residence structure,
proposed Lot l, Block l. being 2.75 acres in area, and proposed Lot 1, Block 2
being 1.941cres in area. Proposed Lot 1, Block 2 technically requires a lot area
variance, but will retain ownership of an additional 0.07 acrc outlnt anc! niay gain
up to an additional 0.28 acres as noted below, in order to meet the 2.0 acre
minimum lot area requirement.
4. The septic system serving the residence on proposed Lot 1, Block 1 is failing and
is intended to be replaced. On-site sewage treatment system site evaluation data
indicates that primary and alternate drainfield sites for current and future use are
available within proposed Lot 1, Bloci: 1. No septic testing is required for the
existing residence on proposed Lot 1, Block 2 since it is a pre-existing lot.
5. In lddition to proposed Lot i, Block 1 and proposed Lot I, I31ock 2, four outlots
are proposed to be created with the following intent for each:
(a) Outlot A: Q.28 acre remainder parcel to be combined with proposed Lot
1, Block 2, at such time that Outlots B and D are used for private
driveway or raad access to Outlot C, .
(b) Outlot B: 0.32 acre 50' future road corridor providing access for future
develogment of Outlot C. In the event that Outlot C is further develoged
using road access from adjacent properties not requiring the use of Outlots
B and D, Outlots A and B will be legally cornbined with proQosed L,at l,
Block 1.
(c) Outlot C: 14.13 acre parcel intended for future development into'single
family residential lots. Outlot C is intended to not be buildable for even
a single residence unless or until it is furthec subdivided and/or replatted
into one or more buiiding sites.
(d) Outlot D: 0.07 aere future road corridor segment to complete continuous
access�in cottjunction with Outlot B for future development of Outlot C.
In the event that Ontlo[ C is further developed using road accesses from
adjacent properties not requiring the us� of Outlots B and D, Outlot D will
be legally combined with tfi.e proposed Lot 1, Biock 2.
Page 2 of b
fern 3005 Mt4 tlmr�
e '
� ��' CITY of 4RON0
o �:,,..� o
�:�.�> 3 RESOLUTION OF THE CITY COUNCIL
� ���� �, N0. � � � � .
ti {r' ' ti,
���x o¢�G
ESH
6. Outlots B and D provide continuous access to Outtot C from Bayside Road. The
platting of Outlot D coincides with an existing access easement over Lot 1, B1ock
1, Bayview Farms in favor of Lot 2, Block 1, Bayview Farms. The inclusion of
Lot 1, Block 1, Bayview Farms in this proposed piat is the subject of an
agreement attached ta this resolution as Exhibit A, which details the applicants'
intent regarding the future use and disposition of Outlots A, B and D.
7. It is the City's intent that if Outlots B and D are developed fflr future road to
serve Outlot C, then the existing residences on proposed Lot 1, Block 1 and
proposed Lot 1, Block 2 shall construct driveway accesses onto said new road and
eliminate the existing direct driveway accesses to Bayside Road.
8. It zs the City's intent that in the event Outtots B and D are used in the future for
road purposes that such road shall be constructed to City stanciards. Further, it
is the City's intent that in order to guarantee the future access to Outlot C,
applicants shall provide to the City standard road and utility easements over
Outlots B and D. It is the City's further intent that if Outlot C.is developed
without the need for access via Outlots B and D, that such road and utility
easements will be vacated upon fozmal request of the property owners.
9. It is the Ciry's intent that Outiots A, B and C shall remain in comrnon ownership
until Outlot C is further developed, and that Outlot D shall remain in common
ownership with proposed Lot 1, Biock 2 until Outlot C is further developed.
10. It is the City's intent that at the time Outl'ot C is further developed, the City will
at that time require the payrnen,t of park dedication fees and the dedication of all
mecessary and appropriate public easements within Outlots A, B, C and D.
11. It is the City's intent that proposed Lot 1, Block 1 and proposed Lot 1, Block 2
grant the standard perimeter utility and drainage easements based on the
assumption that Outlots B and D wiil in the future become a roadway.
12. Although Hennepin County Department of Public Works has requested additional
right-of-way for County Road 84, no additional County road right-of-way will be
� required of the developer consistent with the standards for a collector road in the
Orono Comprehensive Plan.
Page 3 of 6
re�.wos ar aom
� ��' CITY of ORUNO
O ,,� O
`�._ RESOLUTION OF THE CITY COLTNCIL
'"� .�;�` � NO. ;s� � b z;
",�,� � , r , G,� �
�9kEs�so�`'� .
13. A driveway easement over Outlot B shall be granted in favor of proposed Lot 1,
Block 1 for the existing driveway in Outlot B.
I4. The single family residences existing an propased Lat I, I31ack 1 �►nd �ro�asecl
Lot 1, Block 2 require no further variances.
NOW, THEREF40R�, 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 Robert S. Olson, Irvin Geffre and K-P Properties Inc. at 4645/4665 Bayside Road per
the survey dated August 24, 1994, revised October 13, 1994, by Raymond A. Prasch of Lot
Surveys Company Inc., subject to the following conditions:
1. Outlots A, B and C shail remain in conunon ownership until Outlot C is further
developed, Outlot D shall remain in ownership with proposed Lot J., Block 2
until Outlot C is further devetoped.
2, Outlot A is considered an unbuildable remainder parcel and upon development of
Outlot C, Outlot A shall be either combined with Outlot B and proposed Lot l,
Block 1 if 4utlots B and D are not used for road purposes, or Outlot A shall be
legally combined with proposed Lot 1, Block 2, in the event that Outlots B and
D are used foz roadway purposes.
, 3. Outlots B and D are platted for future roadway purposes and shall remain as
separate unbuildable tax parcels until such time that Outlot C is further
developed. In the event that Outiot C is further developed without a i�eed for use
of Outlots B and D as roadway access, then Outlots I3 and D must be legally
combined with adjacent progerties.
4. . Outlot C is created for future development only, and no building permits shalt be
issued for Outlot C until such time that it is replatted into one or more buildable
� lots.
5. In the event that Outlots Ii and D are used as ar� access road sezving a future
development in Outlot C, the residences on proposed Lot 1, Block 1 and proposed
Lot 1, Block 2 shall revise their driveway locations onto said Outlot roadway and
eliminate direct access to Bayside Road.
Page 4 of 6
r�soos as�o�t
� �`�' CITY of ORONO
O �.��.: C�
� ,� RESOLUTION OF THE CITY COUNCIL
ra ��� � �
� � aY • N-. � N0. '� � � c�
��9AE8I;�4�G
G. A driveway easemenk over Outlot B shall be granted in favor of proposed Lot 1,
Block 1 for continued use of the existing driveway in Outlot R.
7. Proposed Lot 1, Block I and proposed Lot 1, Blocic 2 are subject to the standard
perimeter drainage and utility easements.
8. No additional right-of-way for County Road 84 wiIl be granted althougE�Hennepin
County has requested it.
9. Standard drainage and utility easements shall be gz'anted over Outlots B and D at
this time. However, the City will not require payment of park dedication fees or
the dedication of additional public easements within Outlots A, B, C and D until
Outiat C is further developed.
10. '�'he residence oi� pr�posed Lot 1, Block 1 shall be provided with a new septic
system wzthin the time frame and requirements of the City code.
i 1. The metai shed located at the northwest corner of Outlot C shall be removed
within one year of final plat approvat unless a complete format application for
subdivision of Outlot C has been submitted by that date.
Tlie following list of final submittals rnust be submitted to the Zoning Administcator two
weeks prior to the regulariy scheduled Council meeting on the second and fourth Mondays of
the month:
1. Record plat drawings in the form of two (2) .mylar copies and one (1) eopy
reduced ta 1" = 200'. Drawing to include:
A. Lot lines platted per preliminary ,survey by Raymond A. Prasch af Lot
Surveys Company Inc. dated August 25, revised October 13, 1994.
B. Dedication of drainage and utility easements" within proposed Lot 1,
Dlock 1, such easements being 10' in width along alI east and north lot
(ines, 10' in width alang the westerly boundary adjacent to Out[ot B, and
5' in width along the southwesterly and southerly lot lines; and within
propased Lot 1, Block 2, sach easements being 10' in width along the
west and north lot lines, 5' in width aiong the easterly boundary, 10' in
width along the boundary with Outlot D, and 5' in width a1Qng the
southerly lot lines.
Page 5 of b
�:ms a�w a.ro
� o�' CITY of URONO
O ;;� O
�,,;�.T_, � RESOLU'I'ION OF THE CTTY COUNCIL ,
� ���'� � N0. �e� .
���kE31;�¢�G
2, Legal documents required;
A. Title opinion addressed to the City. All owners, mortgage holders or
others with property interest indiclted therein shall sign thc �l�t �nc� all
� other documents affected by such interest.
B. The applicant nnust provide certi�ed copies of all recorded easements
currently affecting the praQerty.
C, Signed and executed driveway easement over Outlot B in favor of
proposed Lot 1, Block 1.
D. Signed and executed road and utility agreements over Outlots B and D.
3. Fees to Ue paid:
A, Legal review and filing fees = $200.00
Total due: 200.00
. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held �ctober 24, 1994.
A T:
. . ;�I �� .
��.�?�. �' '
��
orothy M. ]in, City Clerk Edward J. Callah�, Jr., Mayor
STATE OF MINNESOTA }
� ) ss.
COUNTY OF HENNEPIN )
� The foregoing instrument was acknowledged before me on this 24th day of
October, 1994, by Edward J. Cailahan, Jr. & Dorothy M. Hallin, Nlayor & City Cierk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on bet�alf
of the City.
;;,,.,, LINDA S. VF.E �� •, y � �
���.� NOTARY PUBL3C - MINNESOTA � ,�Gdi rCJ
ti.::�:_�, HE�INEPIN COUNIY
��,;:�., rv�y comrr,sss�en excnres s-�2•se NOt1ry PllU�1C
,
Page6of6
. � fvm soas da or.
, � � �x��er� �
��. l�. 3�83
AGR�EMENT
Rohert S. Olson .and Margaret W. Olson, fee owuers of Lot 2, Block 1, Bayview
Farms, and K-P Properties, Inc., contract purchaser of said lot, hereby agree
that in the evemt that portioa of Lot 2, Block 1, Bayview Farms shown as Outlot
C on the attached Ezhibit A 'is replatted into buildable parcels and a roadway is
dedicated or reserved within that portion of Lot 2, Block 1, Bayviec� Farms
which is shown as Ouclot B on attached Exhibit r�, then the above named
parties hereby agree to deed to Irvin T. Geffre and Marjorie L. Geffre that
portion of Lot Z, Block 1, Bayview Farms . shown as Outlot A on aitached Exhibit
A and a portion of Outlot C as shown on Eahibit A bounded by a Iine described
as f'oliows: Beginning aE the Northwesterly corner o£ Lot 2, BIock 1, Bayview �
farms which is also the Southwesterly comer of Lot 1, Block 1, Bayview Farms;
thence North 89 45' 00" E distance 148.50 feet, thence S d0 45". 00" E distance
103.00 feet, thence S 89 45' 00" W distance 148.50 feet, thence Northerly alona
the west line of Lot 2, Blocb 1, Bayview Farms to the point of beginning and
there terminating.
Irvin T. Geffre and Marjorie L. Geffre, fee owners of Lot 2, Block 1, Bayview
Farms, as a consideration for such couimitment to deed future Outlot A and part
of future Outlot C, hereby agree to join iu the application for platting and any
' future plat of buildable parcels which proposes snch dedication or reservation
of Outlot B as access to Outlot C as shown on atiached Exhibit A.
Signed this �ay of �-�—. 1994.
Robert S. Oison �, Block 1
Fee owners of Lot
Bayview Farms
!/�—=1— -------- —
Margaret . Olson
K-P Propert' s, Inc. Contracc purebaser of Lot 2,
��• i�� Block I, Bayview F'arms
�'�
��—�i7 � J -U�-��,� president
Donald R. Peterson
� �
Irvin T. Geffre
Fce owners of Lot i, Block 1
. Bayvicw Farms, their heirs and
� ssigns
—�-- : M=�--�---`_
Marjorie L. ffre
� . . '
� . ,
PRELi�•11NARY PL�.T OF: �
` BAYVIEW FARi��S �ND ADDITI�N - �
� CITY 0� ORO��, CpUt�1TY OF HENNEPIN LOT SURVEYS Co.
� _.�__._-_•- -- =--------- —�o•:� r:. .: � - , !AP�D SURVEYQR�.
:��a�� Kl� �"..-+�,��'_�'�1�=
vs�urraowxacF�2-�'---:-36� - -' ' ',. . G.�I.r�
1�"f�o i�SAi� � Oa h4r+�
1 [aSE�F1AlPE1t RAf I. -�. .��j� Q 1 ) • [-��.M«Un t�e.
� , . � } ��; // 12115�.'tl Ar�.
nn��'` \^ J / �11oU.'a 55��1
„11 / 7�M[:I7{•S)17
- �� - .:.�� :..�� ` '\��; � �.,�.� _ �' �
j :�_ ;;� `� � �f�r�l ;�.. �_ / a,..,.:,�
y ]ue re.•�m.e�.�..
� — O� �'1.�/�{ `• / 1LY.Y.f'w'U'1 1
i i J�. ' ���4�.`` �'S�' �� �o��t `��\\ {l / �W�e:�]{-41/ .
� l':-\ �`.�_, �ry./ NCh� l:
� f -}`� � \ ✓ � •l. '�..�.: � ae.>-w.�- �...e...i^r. .
="/ ��-.l-�_ �\��.� �.:a/v� :�/. ,.• [:- .
'-' - -� ✓ r�--';•'r,.� i'=. -��,:;�,:_
�;-�._,.»-�-�� � �.t..,.y•. �..� ' �. .., �..�.•.
.- -�. �� ' �v:i r<e i,..�.
/ � - � `�=..,`�!w :i ' � veo.:..r,n e•s•�.v
, � �J.,�'"\''J �.v;�.r,.: .i�:��"� -x�:ar-z!�
/-` .. •'__��� �H���:�:� .. �,
� �.1: '--�=Q���y ', ' �\\`:,�:,�t ;�'7�`�: , � u- �,.:r... �
c i.a..
� • J.G '_1`/'�^��`-_. .`_\� , jt.- WIS M�si!Yai.V
. ..-�` __• V� �`J �����` � '� - ^_-re..9
'. - :�' /^ "—'�1\�:`�<��ti;�;,�� . _ '
;-1 _ G�.;i- .�\jj_-�L�v.�a.. ; coos.u�=_ . . :
. r /�/:���- \\� -�:\:" ua t.uco L]xnuc.-•.nc .
. ' —\1__�_—' / / % � �� ����`� �..: .�s a��.<sy �'�� � .
i / '��'�`�\����� �
, � %� / �t� �\��::, , . � .
� �?t �—_ /�r � � ��//�_��G���;d._ �°�"�`���.w�m�.�. _ �, i
'y : '' / � /� "-1 ��\�\�:-.'� IYS 1,nIN r.�.
1 = . :'// � .,` \���� � 1
o-m.a
�` /� /�-y ���'��\�'�
� ,�--j � ; " . i � -. . - \.'::,� oealour; I
� /.%/ � / C� `-��'�'.-� �.i t.n«s�.umtr�.+as
j � ,-- - � � � �//i � // — �; � "�o:.��`,��' e...er.�.�...u�..n�...._'.�
� , `\li / i���/�l/ / _`� 1.� . e...:a+.�.�..�,... , .
r ' � ���" o�w...us.�
9•, , �� /'. / f Jy L �" \\' i�re��.�4n]
� /Y\ . (� � ( � q\`\'.. �.run..��.�OM�.r• . I
/ - Jj �� .\.�\ � L,J 'i�},\�\ lw�.w�
P . \ _/ r �./•.•` ������`\C 1 �t` ,��. �b �_ lN 1.l1�.1]_1]av - ;. �
i'tY s.�. ! .. �'. � 1\\ � M��\ a�r�.o.ve.�..:� .
. e � �--`\'�\\`\\\,^� • \'s. wh��o.�tw... ...�....�......�.�.._ �
;� —'� � `�`� \ ('t`��'•, , orr�c�..�a.�..:e. ;
3 �.- �`'�. � ^\- � a.��io aar .,
-�R � �/` ' � �'\\� 1 . \✓� � \�'. t.�i.eo.a i f..
� :,- . _._ . ,\�� . � �.�,� �� ��`�.` .,,.,.,.:�.....�.::;:.:,..M..r.�� I
1 1: ' " ������;J �\\ �u\, ,l' \; 1�MM�r ffw�l I.t
; j. ��- .. �.��; : _ �� , �„ ,..,..��,�.�_�,,..��..., �
'; - .:. ;.�,, ,
. ;I' � � - ._: ,j'�l� 1��' � ;i�;!i� ;� I, ...� �,-w�r�,. � 1
+ � �.` j i'�''', I l ! i.tl i . i s,.�i...�f�...-• I
, I t� I�,, '�i ir 'ti I`-i�.��� \ \;I� .����� � i �k�``�~� � TYPlCAL LOT
' ; ;, t`,� � � •'�11 '',, � -1' ,
' ; � :}�j i. 'L � �},\��'��,`.\��`� \� \ I
� I� `•�� ;�`�\\�.;`� ,:\ `.�; r..:�.w,—,;�..,. �� j
� , ' i � i. •,� i� �' \'... �1 ,� ,..._: �~ r
�` :� ry�, �, � �• ..� �.....,.
� J �V . .\ .\ �` `\j1\\�\\a�\\��.\`�\C���\,`,,1 I ��" I �N'w�. I
��, ! � � . `� � 1,1 11`������`��,��' ��� ` I ��w• .I 1� '
� i J • \ \ �� � � E r w•
� .�/-�� ;�/: '� ��� � � \� Y;umi.v�1�N1�?`ll1.� \�`�T •I ,'wu;��w�.., a�.+'�u.r. !
l �'%�. �. __��_ .1� _\. �.A. .\�.l�-.a..l_� I `1� 11 4�,` A ar ry�-.,. I
�—� � ',�: Q � ,-
,='- �t� � °� \, - (�( ��f ;; o -{- i )
• ��- , � • �\�� �\���`.�,\,�,i� � l�, a f�_ _ � s�..... l�t.lt,..
i M�` . �P�nr^r��\ \'\`'.�, , f!�1 , '—� .
,' — �__J �'.:�:.
�_..�a,, �
— � �:::��.�:
_ r,..
, _�, ROAD
M