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HomeMy WebLinkAboutResolution 3005O O 0 �kES140 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3005 A RESOLUTION APPROVING THE PLAT OF BABYSBREATH HEIGHTS FILE NO. 1366 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 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 plat by Loren V. Butterfield, the subdivider; and WHEREAS, on March 27, 1989, the City Council approved Resolution #2610 granting preliminary approval for a plat at 3925 Watertown Road; and •WHEREAS, on February 26, 1990, the City Council adopted Resolution #2760 granting an extension of the effective period of preliminary subdivision approval to March 27, 1991; and WHEREAS, on August 26, 1991, the Orono City Council granted a further extension of the effective period of preliminary plat approval to September 1, 1991; and WHEREAS, the proposed plat contains two lots and three outlots. Proposed Lot 1 containing 11.44 dry buildable acres is intended to remain with the existing residence and greenhouse conditional use that exists on the property. Lot 2, containing approximately 2.4 acres of dry land, is intended as the proposed new building site. Both Lots 1 and 2 are located north of the Luce Line trail. Outlot A, located on the south side of the Luce Line Trail is intended to remain with Lot 2 as additional acreage making up the 5 acre dry buildable requirement of the RR-lA zoning district. Outlot B, located on the south side of the Luce Line Trail, is intended to remain in common ownership with Lot 1; and WHEREAS, Lot 2 is proposed to gain access to Watertown Road via an easement over Outlot C. Outlot C is.intended to remain in the same ownership as Lot 1, due to the potential for future subdivision of Lot 1, and due to the location of the existing buildings adjacent to Outlot C; and WHEREAS, Outlot C is recognized as being in a location that may be suitable for access for future development of existing vacant property • to the east; and , .. Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3005 WHEREAS, due to the increased traffic anticipated by development of a residence on Lot 2, the existing driveway access to Watertown Road within Outlot C, which will be shared by the owners of Lot 2 and the greenhouse operation on Lot 11 must be upgraded to create a safe access per the recommendations of the City Engineer; and WHEREAS, 33' of right-of-way has been designated on the plat for the existing Watertown Road; and WHEREAS, Lot 2 requires a variance for lack of frontage on a public road. Lot 1 requires a side setback variance for existing accessory structures which will, as a result of the subdivision, be located 1' from proposed Outlot C, where a 10' setback is normally required for such structures; and WHEREAS, two distinct wetlands existing within the boundaries of Lot 1 and Outlots A and B are subject to the appropriate drainage or • conservation and flowage easements; and WHEREAS, proposed Lot 1 contains more than 5 acres in contiguous dry buildable area ,and is not subject to testing for future drainfield sites as part of the subdivision process. Complete septic testing for Lot 2 has been submitted and verifies that suitable drainfield sites for mound systems are available to serve the proposed single family residence; and WHEREAS, a single family residence can be constructed on Lot 2 meeting the 100' minimum setbacks from the north line of Lot 2 and the Luce Line Trail right-of-way line, and meeting the 50' side setbacks from the east and west property lines of Lot 2, without the need for further variances; and WHEREAS, the subdivider has completed all requirements of the subdivision regulations of the City, including: 1. Completion of all the requirements of Resolution No. 2610. 2. Dedication on the plat of right-of-way for the public road known as Watertown Road. - 3. Creation of a private driveway outlot shown on the plat as Outlot C to serve Lot 2. • Page 2 of 4 n O O CITY of ORONO RESOLUTION OF THE CITY COUNCI L �kESH0 NO. 3005 4. Dedication to the City of a flowage and conservation easement providing for limitations on the use of wetlands located within Outlots A and B and designated on the plat as drainage easements. 5. Dedication to the City of a drainage easement providing for limitations on the use of the pond located in Lot 1 and shown on the plat as a drainage easement. 6. Payment to the City of the park dedication fee of $100.00 for the new residential lot, per the Park Dedication Fee Schedule in effect at the time of preliminary plat approval. 7. Payment to the City of the final plat legal review and filing fees of $150.00. 8. Execution of an access easement over Lot C in favor of Lot 2. • 9. Execution of "special lot combination" resolutions for Lot 2 and Outlot A, and for Lot 1 and Outlot B. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Babysbreath Heights, Hennepin County, Minnesota, subject to the following conditions: 1. A 9' variance is hereby granted for setbacks to the east lot line of Lot 1 for the existing greenhouse buildings. The setbacks normally required for those structures would be 10' from the side lot line in this RR-lA zoning district. 2. Lot 2 is hereby granted a variance for lack of frontage on a public road. 3. For principal structure setback purposes, the north line of Lot 2 shall be considered the front lot line, the east and west lines of Lot 2 will be considered side lot lines, and the southwest line of Lot 2 abutting the Luce Line Trail right-of-way is considered the rear lot line. 4. The applicant is hereby advised that any future subdivision of Lot 1 may require a widened outlot and cul-de-sac since a subdivision would create a potential for as many as three residences being served by the single access road. Applicant is further advised that it is the City's policy to consolidate accesses when feasible for safety purposes. Page 3 of 4 O O O -- r CITY of ORONO G~ RESOLUTION OF THE CITY COUNCIL ��kESH0 NO, 3005 5. The only structure allowed south of the Luce Line Trail shall be a gazebo -type recreational structure located within Outlot A, to be located at least 50' from the Luce Line right-of-way and meeting all other normal accessory structure requirements. 6. Reference is made to resolution of the City Council #2688, adopted August 28, 1989, which resolution granted a conditional use permit and variance to allow a continuation of the limited removal of peat from the wetlands in Outlots A and B. That resolution shall govern such use. 7. Outlot C shall act as a private driveway access serving Lot 2. The owner of Lot 1 shall remain the owner of Outlot C as a condition of subdivision approval, due to the proximity of Outlot C to existing buildings on Lot,l�and for long-range planning purposes for this and neighboring properties. 8. The driveway access for Outlot C at its intersection with Watertown Road shall be upgraded per the recommendations of the City Engineer to provide a perpendicular, level access entrance, prior to issuance of a building permit. 9. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's office on or before February 26, 1992 together with a certified original copy of this resolution and executed copies of the various required documents noted herein. The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 26th day of August, 1991. -0 rag Barbara A. Pet rs n, Mayor Edward J. Cal ahan, Jr., Ac ing Mayor e 4 of 4