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A RSSOLDTION GRANTING
, PRELIMINARY APPROVAL FOR
- A PLAT AT 3925 WATffitTOWN ROAD °
APPLICATION NO. 1366 �
�+THERBAS; LQren Butterfield on December 22, 1988 filed a formal .
subdivisi4n applicatiQn with the City f4r approval of a 2 lQt residential ;
plat of property legally described as foll4ws:
Exhibit A attached (hereinafter "the property"); and `
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WH}3R$AS, after due published and mailed notice in acc�rdance with
Minnesota Statutes 462.358 et. seq. and the City of Orono ZQning and �
Platting CQdes, the OrQno Planning Commission held a public hearing on ,
January 17, 1989, at which time all persons desiring to be heard cQncerning
this applicati4n were given the opportunity to speak thereon; and
WH]3REAS, at their regular meetings held on February 13th and �
• March 27th, 1989, the Or4no City Couneil considered the subdivision
applicati4n of Loren Butterfield, noting the foll4wing findings of fact:
� 1. The property is located within the RR-lA Single Family Rural
Residential Zoning District, requiring a minimum of 5 acres of dry
buildable land within each newly created lot, of which 2 acres must be
cQntiguous with the building site.
2. The progerty contains a total of approximately 20.56 acres total
area, of which apprQximately 18.07 acres is considered dry buildable.
Of the 20.56 total acres, approximately 5.37 acres are l4cated on the
south side of the Luce Line Trail right-of-way which is owned by the
Department of Natural Resources. .
3. The proposed plat cQntains 2 lots and 3 Qutlots. Pr4pQSed Lot 1,
� cQntaining 11.44 dry buildable acres, is intended to remain with the
existing residence and greenhouse conditional use that exist on the
�roperty. LQt 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. OutlQt A, lQCated 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.
Outlot B, located on the south side of the Luce Line Trail , is
intended to remain in comm4n ownership with Lot 1.
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4. LQt 2 is proposed t4 gain access to WatertQwn Road via an easement
over Outlot C, a strip of land 28' wide along the east lot line Qf the ;:
pr4perty. Outlot C is intended to remain in the same ownership as k�;
Lot 1, due to the potential for a future subdivision of Lot ; l, and due ,�
to the location of the existing buildings adjacent to Outlot C.
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5. The existing property cQntains approximately 248.9' of frontage Qn ;
Watertown RQad, and has a defined width at the 100' front setback line
of approximately 430'. PropQSed Lot 1 will have approximately 192' ;
of frontage on Watertown RQad and a defined width of 380'. Lot 2 :
requires a variance because it does not have frontage on a public :
road. LQt 2 has an east-west width dimension of 350' and lan average :
depth of 300' at the intended building site. � � kz
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6. Lot 1 requires a side setback variance for existing accessory F.
structures which will, as a result of the subdivision, be; located 1'
from proposed Outl4t C, where a 10' setback is normally required for ,
such structures. �
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7. Outlot C is recognized as being in a location that may be suitable
fQr access for future development of existing vacant property to the
east. �
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8. Two distinct wetlands existing within the boundaries of Lot 1 and
OutlQts A and B will be subject to the appropriate easements. ;
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9. Due t4 the increased traffic anticipated by development of a
residence on Lot 2, the existing access to Watertown RQad within •
Outlot C, which will be shared by the owners of Lot 2 and the :
greenhouse operation on Lot 1, must be upgraded to create a safe
access per the recommendations of the City Engineer. i
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10. A total of 33' of right-of-way southwest of the center line of
Watertown Road shall be dedicated on the plat if the title opinion �
verifies that such right-of-way has not been dedicated previ4usly.
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11. Proposed Lot 1 contains more than 5 acres in contiguous dry !
buildable area and is nQt subject to testing for future drainfield .
sites as part of the subdivision process. Preliminary soil borings
have been completed for Lot 2 and indicate that suitable sites for ,
mound systems likely exist within the prQp4sed boundaries of Lot 2. ;
Additional soil borings and percolatiQn tests are required for Lot 2 ;
to verify specific drainfield sites before final plat approval will be
• granted. �
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12. 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 frQm the
east and west property lines of Lot 2, without the need fi r further
variances.
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NOW, TH$REFORS BE IT RESOLVED, that based upon either lone or more
of the findings noted above, the City Council of the City of Orono hereby
approves the preliminary plat for Loren Butterfield at 3925 Watertown Road
per the survey (attached as Exhibit B heret4) by Cof f in and Gronberg Inc., .
dated December 22, 1988 revised January l, 1989, subject to the following
conditions: � •
1. A "special �lot combination" resolution shall be filed for Lot 2 and �
Outlot A specifying that the 2 parcels must be sold as a unit. ;
2. Likewise a special lot combination for LQt 1 and Outlot B shall be �
• required. �
3. Outlot C shall act as a private driveway access serving Lot 2.
The owner of Lot 1 shall remain the owner Qf Outlot C as a condition
of subdivision appr4val, due to the proximity of Outlot C to existing
buildings on Lot 1 and for long range planning purposes for this and .
neighboring properties. An access easement over Outlot C granted to
Lot 2 shall be executed by the owner of Lot l and Outlot C.I
4. The driveway access where Outlot C intersects 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. � i
5. A 9' variance is granted fQr setbacks to the east lotlline of Lot
1 for the existing greenhouse buildings. The setbacks normally
required for those structures would be 10 ' from the side lot line.
6. Lot 2 shall be granted a variance because it does not have
frontage on a public road.
- 7. For principal structure setback purposes, the north line of Lot 2
shall be c4nsidered the front lot line, the east and west lines of Lot
2 will be considered side lot lines, and the southwest 1`ine of Lot 2
abutting the Luce Line Trail right-of-way is considered the rear lot
line. �
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8. The applicant is advised that any future subdivision of Lot 1 may
require a widened Outlot and cul-de-sac since a subdivisi4n would
create a potential fQr as many as 3 residences being served by a
single access road. Applicant is further advised that it is the
City's policy to consolidate accesses when feasible � for safety
purposes. I
9. The only structure allowed south of the Luce Line ,' 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
Qther normal accessory structure requirements. I
10. Subdivision approval will not be granted until complete on site
sewage treatment soil testing information is provided, showing that
primary and alternate drainfield sites exist within the boundaries of
� Lot 2. � i .
• 11.� If the title opinion indicates that right-of-way for Watertown
RQad has never been formally dedicated, plat drawings shall indicate a
dedication for 33' of right-of-way southwest of the center line of
Watertown Road. i
12. Standard drainage� and utility easements shall be shown on the
plat drawings, with easement widths conforming to the sketch attached
, as Exhibit C. � j
13. A drainage easement shall be shown on the plat drawings over the
pond and channel in Lot 1. A drainage easement document shall be
executed by the applicant, such document shall specify that applicant
retains the right to withdraw water from this pond for a,gricultural
purposes. �
14. A Conservation and Flowage Easement shall be granted over the
wetland in Outlots A and B, and shown on the plat drawings as
"drainage easements". A Conservation and Flowage Easement document
shall be executed by the applicant, such document shall reference
conditions of the easement as being contained within the Conditional
Use Permit resolution for the use of this wetland area. '
15. Applicant shall file a conditional use permit app lication for use
of the wetland in Outlots A and B, upon receiving preliminary plat
approval. Final plat approval shall not be granted until such time
that the conditional use permit has been reviewed and approved by the
• City Council. ,
16. Payment of the standard Park Fee of $100.00 for thejnew building
lot comprised of Lot 2 and Outlot A. ;
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;� �� �.,'. NO. 2610 j
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The following list of final submittals must be submitted to �the Zoning '�
Administrator two weeks prior to the regularly scheduled Council meeting on
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the sec4nd and fourth Mondays of the m4nth: i ;-,
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1. RECORD PLAT drawings in the form of two (2) mylar copi.es and one �
(1) copy reduced to 1"=200'. Drawing to include: I
a) Lot lines platted per preliminary survey by Coffin and �
Gronberg Inc. attached as Exhibit B hereto. �
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b) Dedication of "drainage and utility easements" 10' wide along
all perimeter property lines and 5' each side of internal .
property lines, ar as modified in the attached sketch,' Exhibit C. =
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. c) Designation and dedication of the wetlands as drainage -
easements on the plat. '
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. 2. LEGAL DOCUMENTS required: j
a) Title opinion addressed to the City. All owners, mortgage .
holders Qr others with property interest indicated therein shall
sign the plat and all other documents affected by such interest. .
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b) The applicant must provide certified copies of all recorded •,.
easements currently affecting the prop�erty. ! `.
c) Signed and executed drainage easement and Conservation and t�
_ Flowage Easement documents as noted in Conditions 13 � & 14 above.
Contact staff regarding f4rmat and legal description require- .
ments. •
d) Signed and executed access easement over Lot C �in favor of
Lot 2. � �
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e) Signed and executed "special lot combination" resolutions f4r -
Lot 2 and Outlot A, and for Lot 1 and Outlot B. I :
3. FEES TO BE PAID: Total Due $250.00. �
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a) Park dedication fee per current schedule: ��,
One new residential lot at 5 acre density = $100.00 per lot; .•
tota 1 $10 0.0 0. :
� b) Legal review and filing fees of $150.00.
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Adopted by the City Council of the City of Orono, Minnesota at a
regular meeting held this 27th day of March, 1989. �
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AT ST: " � ;
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otfiy . Ha11in, City Clerk Edward Calla " , Jr. , Acting or ;
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STATE OF NNESOTA) I
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COUNTY OF HENNEPIN) �
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The foregoing instrument was acknowledged before me on this 27th
day of March, 1989, by Edward Callahan, Jr. and Dorothy M. Hallin, Acting
Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the City. {
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�"�"�� LAURlE K. C EEFLER
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•'�"'4`��" HENNEPIN COJNTY
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My Commission Expires
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