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Home My WebLink AboutResolution 7507 Pre Plat Bracketts Pt 3rd Add Opp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL \illtfr y�l�k �G� No. 7507 ESHO� A RESOLUTION APPROVING A PRELIMINARY PLAT OF THE PROPERTY ADDRESSED: 1480 BRACKETTS POINT ROAD, INCLUDING OUTLOT A AND OUTLOT B, BRACKETTS POINT 2ND ADDITION FILE NO. LA24-000039 WHEREAS, on July 26, 2024, on behalf of the Owners, George Stickney (hereinafter the "Developer"), applied for preliminary plat approval pursuant to the City Code for the property addressed 1480 Bracketts Point Road, including Outlot A and Outlot B, Bracketts Point 2nd Addition; legally described as set forth in Exhibit A. _ WHEREAS, Parcel 1 is owned by Wayzata Bay LLC; Parcel 2 is owned by Bruce G. Paddock, Wayzata Bay LLC, Stephen P. Stenehjem and Stacey M. Stenehjem; and WHEREAS, the Developer represents the owners of the Property; and WHEREAS, the Developer made an application for preliminary plat approval to rearrange the boundary lines between Outlot A, Bracketts Point 2nd Addition and Outlot B, Bracketts Point 2nd Addition; and between Outlot A, Bracketts Point 2nd Addition and 1480 Bracketts Point Road; and WHEREAS, the vacation of the existing drainage and utility easements on the common boundary between Outlot A, Bracketts Point 2nd Addition and 1480 Bracketts Point Road is also proposed. Replacement drainage and utility easements will be dedicated along the new boundary on the Final Plat; and WHEREAS, on August 19, 2024, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were allowed to speak thereon; and WHEREAS, on August 19, 2024, the Planning Commission recommended approval of the preliminary plat as applied; and WHEREAS, on September 9, 2024, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that on September 9, 2024, the City Council of Orono Minnesota hereby grants preliminary plat approval as described above and depicted on the attached Exhibit B, based on one or more of the following findings of fact concerning the Property: 1 iiLOAt CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ,011111fr' � No. 7507 �kESHO� FINDINGS OF FACT: Al. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The preliminary plat will address an outstanding conflict between the existing Bracketts Point 2nd Addition outlot configuration and the road alignment. A3. The preliminary plat will reduce the size of Outlot A, Bracketts Point 2nd Addition, and enlarge the buildable area of 1480 Bracketts Point Road by the same square footage. A4. The Property is located in the LR-1A, One Family Lakeshore Residential Zoning District. A5. The proposed Lots meet the dimensional standards and setbacks established for the LR-1A district. A6. No change to the existing site drainage is proposed. No new lots will be created. A7. The existing tennis court on Outlot A, Bracketts Point 2nd Addition will be removed following the recording of the Final Plat. The Developer shall coordinate with the City and the Minnehaha Creek Watershed District for the demolition permit for the tennis court and any additional required permits. A8. In considering this application for preliminary plat, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed plat upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. CONCLUSIONS, ORDER AND CONDITIONS: NOW, THEREFORE, BE IT RESOLVED, based upon one or more of the above findings, the Orono City Council hereby grants approval of the Preliminary Plat and easement vacation, as depicted on the preliminary plat drawing dated July 15, 2024 prepared by Gronberg and Associates, Inc., attached as Exhibit A, subject to the following conditions: B1.Council approval is based on the entire record, above Findings. 2 �O.ATp 1\)/ti " CITY OF ORONO RESOLUTION OF THE CITY COUNCIL :4$. O��G1 No. 7507 SH B2.Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. B3.Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. B4.The Developer shall obtain the required permits for the proposed demolition work. B5.Approval is subject to the dedication of replacement Drainage and Utility Easements on the Plat. B6.Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. B7.Council approval is based on the entire record, above Findings. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. B8.Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by filing a Final Plat application within one year of the date of Council approval, or the preliminary plat approvals will expire on that date (September 9, 2025). If Final Plat approval is not granted by that date, the terms and conditions of this resolution shall be null and void. The City Council at its sole discretion may extend the effective period of the preliminary plat. FINAL SUBMITTALS: Developer shall complete all requirements for Final Plat Approval as follows. The following list of final submittals must be submitted to the Planning Department at least four (4) weeks prior to the regularly scheduled Council meeting held on the second and fourth Mondays of the month. These submittals are as follows: C1.Record Plat Drawings. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. A scalable digital copy is also required. Drawing to include: a. Lot lines platted per preliminary plat survey/drawing by Gronberg and Associates, Inc., dated July 15, 2024 attached hereto as Exhibit A, except as modified herein. b. Dedication of"Drainage and Utility Easements" along the relocated interior property line. 3 iLCIA/p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1IjIllto J No. 7507 EKES i-i c. Name of plat. C2.Legal documents required: a. Title opinion addressed to the City or a title insurance policy in favor of the City issued no more than 60-days prior to the date of Final Plat approval. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. The Developer must provide certified copies of all recorded easements currently affecting the Property. ` C3.Financial Guarantee. The Developer shall submit a final plat review escrow in the amount of $2,500.00 with the Final Plat application. C4.Plat approval fees to be paid: Total due: $550.00 a. Final plat fee: $550.00. b. Park Dedication Fee: $0 c. Stormwater and Drainage Trunk Fee: $0. C5.Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 9th day of August, 2024. CITY OF ORONO: Dennis Walsh, Mayor ATTEST a Olp Chri Willi, City Clerk 4 �Op CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7507 gkESHO��c Exhibit A Legal Description Parcel 1: Lot 2, Block 1, BRACKETTS POINT, Hennepin County, Minnesota. Parcel 2: Those parts of Outlots A& B, BRACKETTS POINT 2ND ADDITION which lies northeasterly, easterly and southeasterly of the following described line and its southwesterly extension: Beginning at a point on the northwesterly line of said Outlot A a distance of 26.00 feet northeasterly from the most westerly corner of said Outlot A; thence southeasterly to a point on the southwesterly line of Outlot B, BRACKETTS POINT 2ND ADDITION, said point being the northerly point of the 58.76 foot segment bearing North 54 degrees 20 minutes West as shown on said plat, thence southwesterly deflecting right 90 degrees to its intersection with Lake Minnetonka, and said line there ending. 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