HomeMy WebLinkAbout#3483 - approving preliminary plat . . ��`.Y W�/ ����W-��l�� I�L/`�
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�' ��' CITY of ORQN4
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� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING PRELIMINARY
APPROVAL FOR A PLAT AT
4645/4fi65 BAYSIDE ROA.D
- FILE NO. 1967
WHEREAS, Robert S. Olson of 4b45 Bayside Road, Irvin Geffre of 4665
Bayside Road and K-P Properties Inc. represented by Donald R. Peterson on August 26, 1994,
filed a forrnal subdivision application with the City for approval of a residential plat of property
legally described as:
Lots 1 and 2, Block 1, Bayview Farms, Hennepin County, Minnesota (hereinafter
"the property"); and '
WHEREAS, after due published and mailed notice in accordance witt�Mimiesota
Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono
Planning Commission held a public hearing on September 19, 1994, at which time all persons
desiring to be heard concerning this application were given the opportunity to speak therean; and
WHEREAS, the applicants subsequently revised their proposal which was
reviewed by the Planning Commission at their regular meeting of October 17, 1994, at ��hich
time Planning Commission on a <<ote of 7 to Q recomrnended approval of the revised proposal;
and
WH�REAS, at their regular meeting held on October 24, 1994, the Ozono City
Council considered the subdivision ap�licltion 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, Singie Family Rurat Residential
Zoning District requiring a minimum of 2 acres of contiguous dry buildable land
wittiin each newly czeated lot.
2. The property contains. a total of approximateiy 19.5 acres, of which
approximately 1.1 acres has been delineated as wetland.
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�:�;T> RESOLUTION OF THE CITY COUNCIL
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3. The proposed plat contains two Iots (designated as proposed Lot 1, Block 1 and
proposed Lot 1, Block 2), each containing an existing residence structure,
proposed L,ot 1, Block 1 being 2.75 acres in area, and propased Lot I, Block 2
being 1.94 lcres in area. Proposed Lat 1, Block 2 technically requires a lot area
variance, but will reta'tn ownership of an additional 0.07 acrc outi�t and �uay 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 praposed 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 l., Block 1. No septic testing is required for the
existing residence on proposed Lat 1, Biack 2 since it is a pre-existing lot.
5, In addition to proposed Lot 1, Block 1 and proposed Lot 1, Biock 2, four outlots
are proposed to be created with the fotlowing 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 road access to Outlot C,
(b) Outlot B: 0.32 acre 50' future road corridvr providing access for future
development of Outlot C. In the event that Outlot C is further developed
usin.g road access from adjacent properties nat requiring the use of Outlots
B and D, Outlots A and B will be legally combined with proposed Lot 1,
Block i.
(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 further subdivided and/or replatted
into one or more building sites.
(d} Outlot D: 0.07 acre future road corridor segment to complete continuous
access in conjunction with Outlot B for future development of Outlot C.
In the event that Outlot C is further developed using road accesses from
adjacent properties not requizing the use of Outlots B and D, Outlot D will
be legally combined with tfie proposed Lot 1, Block 2.
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6. Outlots B and D provide continuous access to Outlot C from Bayside Road. The
platting of Outlot D coincides with an existing access easement over Lot 1, Block
1, Bayview Farms in favor of Lot 2, Block 1, Bayview Farms. The inclu$ion of
Lot 1, Block 1, Bayview Farms in this proposed piat is the subject of an
agreement attached to this resolution as Exhibit A, which details the appiicants'
intent zegarding 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 devetoped fvr 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
elimin.ate the existing direct driveway accesses to Bayside Road.
8, It is the City's intent that in the event Outlots B and D are used in the future for
road purposes that such road shall be constructed to City standards. 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
Qutlots 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 formal request of the property owners.
9. It is the City's intent that Outiots A, B and C shall rernain in comnnon ownership
until Outlot C is further developed, and that Outiot D shall remain in common
ownership with proposed Lat 1, Block 2 until Outlot C is furthet developed.
10. It is the City's intent that at the time Outl'ot C is further developed, tfie City �vill
at that time require the payment of paric dedication fees and the dedication of all
� necessary and appropriate public easeznents within Outlots A, ]3, C and D.
I1. 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 will in the future become a roadway.
12. Although Henzzepin 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.
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�' �`�' CITY of ORUNO
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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 proposed Lot 1, 131ock 1 �►nd Pro�osecl
Lot 1, Block 2 require no further variances.
NOW, THEREF40RE, BE IT RESOLVED, that based upon one or more of the
findings noted above, the City Council of the City of Orano hereby approves the preliminary
�lat for Robert S. Oison, Irvin Geffre and K-P Properties Inc. at 4b45/4665 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:
I. Outlots A, B and C shall remain in conunon ownership until Ouclot C is further
developed, Outlat D shall remain in awnership with proposed Lot 1, Black 2
until Outlot C is fur[her developed.
2, Outlot A is considered an ur�buildable reniainder parcel and upon development of
Outlot C, Outlot A shall be �ither combined with Outlot B and proposed Lot 1,
Block 1 if Outlots 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. Outlois B and D are platfed for future roadway purposes and sha11 remain as
separate unbuildable tax parcels until such time that Outlot C is fvrther
developed. In the event that Outiot C is fnrther developed without a i�eed for use
of Outlots B and D as roadway access, then Outlots n and D must be Iegally
combined with adjacent properties.
4. . Outlot C is created for future development only, and no Uuilding 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 B and D are used as a� access road serving a future
develogmez�t in Outlot C, the residences on proposed Lot 1, Block 1 and proposed
Lot l, Biock 2 shall revise their driveway locations onto said Outlot roadway and
eliminate direct access to Bayside Road.
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,� T ,} RESOLUTIbN OF THE CITY COUNCIL
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6. A driveway easement over Outlot B shall be granted in favor of propdsed Lot 1,
Block 1 for continued use of the existing driveway in Outlot R.
7. Proposed Lot 1, Block 1 and proposed Lot 1, Blocic 2 are subject to the standard
perimeter drainage and utility easements.
8. No additional right-of-waX for County Road 84 will be granted although Hennepin
County has requested it.
9. Standard drainage and utility easements shatl be granted 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
Outiot C is further dcveloped.
10. 'fhe z'esidence o�� pz•oposed Lot 1, Block 1 shall be provided with a new septic
system within the time frame and requirements of the City code.
11. The metai shed ]ocated at the northwest corner of Outlot C shall be remov�d
within one year of final plat approval unless a complete format application for
subdivision of Outlot C has been submitted by that date.
The following list of final submittais m:ust be submitted to the Zoning Administrator two
weeks prior to the regulariy scheduled Council meeting on the second and fourth Mondays of
the month:
1. Record ptat drawings in the form of two (2) .mylar copies and one (1) eopy
reduced to 1" = 200'. Drawing to include:
A. Lot lines platted per preliminary survey by Raymond A. Prasch of Lot
Surveys Company Inc. dated August 25, revised October 13, 1994.
B. Dedication of "drainage and utility easements within progosed Lot i,
Block 1, such easements being 10' in width along all east and north lot
lines, 10' in width along the westerly boundary adjacent to Ontlot B, and
5' in width along tkae southwesterly and southerly Iot lines; and within
proposed Lot 1, Block 2, snch easements being 10' in width along the
west and north lot lines, 5' in width along the easterly boundary, 10' in
width along the boundary with Outlot D, and 5' in width a1Qng the
southerly Iot lines.
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� O�' CITY of ORUNU
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�. , RESOLUTION OF THE CITY COUNCIL .
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2, Legal documents required:
,p,. Title opinion addressed to the City. Ail owners, mortgage holders or
others with praperty interest indicated therein shal! sign thc �l�t �nti �il
� other documents affected by such interest.
B. The applicant must provide certified copies of all recorded easements
currently affecting the property.
C, Signed and executed driveway easement over Outlot B in favor af
praposed Lot 1, Block I.
D. Signed and executed road and utility agreements over Outlots B and D.
3. Fees to Ue paid;
A. Legal review and fzling fees = $200.00
Total due: 2�0.00
, Adopted by the City Council of the City of Orono, Minnesota at a regutar meeting
held October 24, 1994.
A T:
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orothy M. ]in, City Clerk Edward J. Callah�, 7r,, Mayor
STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
� The fore�oing instrument was acknowledged before me on this 24th day of
October, 1994, by F..dward J. Cailahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on betialf
of the City.
�r LINDA S, VF.6 �^ �/ y � �
NOTARY PUBLIC - M1NN£SO7A i ,,,ir.cti •<l
1''�-c?4� HE�1NEf'I!d COUNTY
�'°������ Notary Public
,{„_�F„ My comrnisslen expires&12-98
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AGR�EMENI'
Rohert S. OIson _and Mazgazet W. Olson, fee owners of Lot 2, Block 1, Bayview
Farms, and K-P Properties, Inc., contract gurchaser of said Iot,
hereby agree
that in the event that portion of Lot 2, Block 1, Bayview Farms shown as Outlot
C on the attached Ezhibit A is replaited into bui3dable parcels and a roadway is
dedicated or reservsd within that portion of Lot 2, B1ock 1, Bayvie� Farms
which is shown as Outlot B on attached Ezhibit A, tb.ea tlae above named
parties hereby a.gree to deed to Frvin T. Geffre and Marjorie L. Geffre that
portion of Lot 2, Block 1, Bayview Farms . shown as Outlot A on attached Ezhibit
A and a partion of Outlot C as s�own on Exhibit A bounded by a line described
as follows: Beginniug at the Nozthwesterly comer of Lot 2, Block 1, Bayview �
farms which is also thc Southwesterly comer of Lot 1, Block 2, Bayview Farms;
thence North 89 45' 00" E distance 148.50 ftet, thence S 00 45". 00" E distance
1Q3,00 feet, thence S 89 45' 00" W d'zstance I48.50 feet, ihence Northerly alone
the west line of Lot 2, Block 1, Bayview Farms to thc point of beginning and
there terminating.
Irvin T. Geffre and Marjorie L. Geffre, fee owners of Lot 1, Block 1, $ayview
Farms, as a consideration for sueh commitment to deed future Outlot A and part
of future Outlot C, hereby agree to join in the applica[ion for platting and any
' futvre plat of buildable parcels which proposes snch dedication or reservation
of Outlot B as access to Outlot C as sho�vn on atiached Exhibit A.
Signed ihis �ay of �-� , 1994.
Robert S. Olson
Fee owners of Lot 2, Block 1
..�/,� _��_� —
$ayview Farms
1
Mazgaret . Olson
K-P Propert' s, Inc. Contraet puzcbaser of Lot 2.
/o Block I, Bayview Farms
�—�zs�/�p' � � .U.�-��,�' president
��
Donald R. Peterson
� �
Irvin T. Geffre
Fee owners of Lot 1, Block 1
. Bayview Farms, t�eir heirs and
�_�j�/� �_ ��__�- � _ s si gns
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Ivlarjorie L. ffre
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PRELI�•i�r�ARY PLa.T OF: �
` B�IYVIEW FARi��S 2ND ADDITION - � �
J CI7Y OF ORO�!O, COUN7Y OF HENNEPIN '
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