HomeMy WebLinkAbout#1762 Resolution 3212 (Prelim Plat)CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
3212 NO. _______ _
A RESOLUTION GRANTING
PRELIMINARY APPROVAL FOR A PLAT AT
793 NORTH FERNDALE ROAD
FILE NO. 1762
WHEREAS, Paul w. Beyke (hereinafter "the applicant") on
August 28, 1992 filed a formal subdivision application with the City
of Orono for approval of a two lot residential plat of property
legally described as follows:
Lot 1, Block 1, Lauranne Woods, Hennepin County, Minnesota,
according to the recorded plat thereof, except that part of said
Lot 1 which lies east of a line drawn north perpendicular to the
south line of said Lot 1 from the most westerly corner of Outlet
A, Lauranne Woods (hereinafter "the property") ; and
WHEREAS, after due published and mailed notice in accordance
with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning
and Subdivision Codes, the Orono Planning Commission held a public
hearing on September 21, 1992 at which time all persons desiring to be
heard concerning this application were given the opportunity to speak
thereon; and
WHEREAS, on September 21, 1992 the Orono Planning Commission
tabled the subdivision request of Paul Beyke in order for applicant to
revise said proposal to eliminate the need for lot width and average
setback variances. The application was revised by the applicant and
further reviewed by the Planning Commission on November 16, 1992 at
which time the Planning Commission on a vote of 5-1 recommended
approval of the preliminary plat; and
WHEREAS, at their regular meeting held on December 14, 1992
the Orono City Council considered the revised subdivision application
of Paul Beyke, noting the following findings of fact:
1. The property is located within the RR-lB Single Family Rural
Residential Zoning District requiring a minimum of 2 acres
of contiguous dry buildable land within each newly created
lot. Further, the property is located within the Shoreland
Overlay District.
Page 1 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 3_2_1_2 ___ _
e property contains a total area of approximately 6.3
acres of which approximately 4.62 acres is considered dry
bui ldable land.
3. The proposed plat contains two lots each exceeding the 2.0
acre minimum lot area requirement.
4. Both lots are proposed to front on and access to a private
driveway outlet to be known as Outlet A, which abuts the
privately owned and maintained outlet roadway informally
known as Lydiard Road.
5. Proposed Lot 1 abuts proposed Outlet A along Lot l's east
line, therefore the defined lot width of nonlakeshore Lot 1
is 310', meeting the 200' minimum requirement. Proposed
Lot 2 is considered a lakeshore lot as it abuts Lydiard
Lake, and has a defined lot width at the shoreline of 520'
and at the 150' setback of 350', therefore meeting the 200'
width requirement.
6. It is intended that proposed Outlet A be owned in common by
the owners of Lots 1 and 2 and shall be maintained as a
private driveway shared by only those two properties.
7. A private cul-de-sac has been dedicated on the plats of
Lauranne Woods and Janet Acres and the City has suitable
underlying road and utilities easements such that no
additional private/public roadway dedication is necessary.
8. Lot 1 is considered to be a nonriparian lot and shall have
no legal riparian access to Lydiard Lake via easement or any
other method. The granting of such easement would be a
direct violation of Municipal Code Section 11.31,
Subdivision 4.
9. Lot 2 is considered as riparian to Lydiard Lake.
Page 2 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3212
Te grading and drainage plan submitted by the applicant for
construction of a future driveway to serve Lot 2 has been
accepted with minor modifications by the City Engineer. The
driveway has been designed in detail to eliminate the
negative impacts of driveway construction on the property to
the south. As a result, existing and future drainage from
the applicant's property shal 1 be redirected away from the
neighboring property.
11. Both Lots 1 and 2 contain adequate primary and alternate
drainfield sites to serve the intended use, and sites on
both lots have been adequately protected from drainage
concerns.
12. Lot lines have been located so that existing residence and
accessory structures on Lot 1 meet required lot line
setbacks, and the building envelope within Lot 2 is adequate
for development of a single family residence.
13. Lot 2 contains a wetland area located between the OHW and
the open water shoreline of Lydiard Lake. A Flowage &
Conservation Easement shal 1 be granted with legal
description that encompasses said wetland area.
14. While technically a hardcover variance in the 250-500'
hardcover zone is required to allow Lot 2's driveway to
cover approximately 50% of the 250-500' zone, the need for a
hardcover variance can be effectively eliminated by reducing
the allowed square footage of hardcover in the 75-250' zone
by the square footage of excess hardcover in the 250-500'
zone. The area of the 250-500' zone is 1,920 s.f. Proposed
driveway is 1,100 s.f. in that zone. Hardcover allowed in
the 250-500' zone is 30% or 576 s.f. The excess driveway
hardcover is 524 s.f. The area of the 75-250' zone is
61,428 s.f. approximately. The allowable 25% hardcover in
the 75-250' zone is 15,357 s.f. Subtracting the 524 s.f.
excess hardcover in the 250-500' zone leaves 14,833 s.f. of
allowed hardcover in the 75-250', which is 24.15% of that
zone.
15. A single family residence can be developed on Lot 2 without
the need for further variances.
Page 3 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3212
NOW, THEREFORE 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 application of Paul W. Boyke per
the survey dated August 28, 1992, revised November 6, 1992 by Coffin
and Gronberg, Inc. subject to the following conditions:
1. For Lot 2, to eliminate the need for a hardcover variance in
the 250-500' zone, all driveway hardcover square footage in
excess of the 30% allowable 250-500' hardcover shall be
subtracted from the 25% allowance for the 75-250' zone.
This is estimated to reduce the allowable hardcover in the
75-250·1 zone to approximately 24.15%.
2. Lot 1, containing the existing residence, is considered as a
nonlakeshore lot and shall have no riparian access to
Lydiard Lake via easement or any other method.
3. Lot 2 shall have riparian access to Lydiard Lake and is
considered a lakeshore lot.
4. A Flowage & Conservation Easement shall be granted with a
legal description that incorporates the wetland areas
between the OHW and the open water shoreline of Lydiard
Lake.
5. The standard Drainage & Utility Easements shall be granted
along the perimeter and interior lot lines, excluding the
wetlands area.
6. Lots 1 and 2 shall access via Outlot A to the private road
informally known as "Lydiard Road". Prior to filing of the
plat, applicant shall satisfy the City Attorney that newly
created Lot 2 has legal access via private easements to
North Ferndale Road, and shall be subject to whatever
private road covenants exist for maintenance of said private
road easement.
7. Applicant shall create the private covenants for ownership
and maintenance of Outlot A, to be shared by Lots 1 and 2.
Further, applicant shall grant to the City a drainage and
utility easement over Outlot A.
Page 4 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 3_2_1_2 ___ _
8. Driveway construction for Lot 2 need not be completed until
such time that a residence is proposed to be constructed on
Lot 2. At that time, driveway construction shall conform to
the approved grading/drainage/driveway construction plan on
file as modified by the City Engineer. Further, a driveway
on Lot 2 shall include a loop or turnaround near the new
residence, subject to approval of the building inspector.
9. Suitable driveway easements between Lots 1 and 2 shall be
created by the property owner to allow necessary fill for
the driveway on Lot 2 to occur at the southeast corner of
Lot 1.
10. Any buildings constructed on Lot 2 shall meet the average
lakeshore setback as shown on the preliminary plat drawings.
11. Applicant shall pay the standard park dedication fee.
12. All existing and proposed drainfield sites shall be
adequately protected during private driveway construction.
FINAL PLAT SUBMITTALS
The following list of final submittals must be submitted to the
Zoning Administrator two weeks prior to the regularly scheduled
Council meeting on the second and fourth Mondays of the month:
A. RECORD PLAT drawings in the form of two (2) mylar copies and
one (1) copy reduced to 1"=200'. Drawing to include:
a) Lot lines platted per preliminary survey by Coffin &
Gronberg, Inc. dated August 28, 1992, revised November
6, 1992.
b) Dedication of "drainage and utility easements" 10' wide
along all perimeter property lines and 5' each side of
internal property lines, such easements to be omitted
below the OHW.
c) Designation and dedication of a drainage easement
within Lot 2 on the plat drawings, the upper boundary
of said easement to be concurrent with the OHW contour.
Page 5 of 7
I
I • '
CITY of ORONO
RESOLUTION OF TH E ~ITV COUNCIL
NO. 32 1 2
required:
a) Title opinion addressed to the City. All owners,
mortgage holders or others with property interest
indicated therein shall sign the plat and all 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 Conservation & Flowage Easement
document for said easement within Lot 2.
d) Signed and executed drainage and utility easement over
Outlet A.
C. FEES TO BE PAID: Total Due $200.00*
a) Legal review and filing fees of $200.00.
*b) Park Commission has determined that a park fee will be
required. The City Assessor has been asked to
determine the fair market of the undeveloped lands
within the subdivision so that a park dedication fee
can be determined. Applicant will be advised as soon
as Rolf Erickson, the City Assessor, has submitted his
findings. (ifo?/2.fYO . 0-0 f>.Ata-1~ ~ _ ~(£~ t-f?7"1L'f<. OF ,-, -'1 S)
Adopted by the City Council of the City of Orono, Minnesota
at a regular meeting held this 14th day of December, 1992.
Barbara A. Peterson, Mayor
Page 6 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3212
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
14th day of December, 1992, by Barbara A. Peterson & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
LINDA S. VEE
~lOTARY PUBLIC -MINNESOTA
HENNEPIN COUNTY
My commission expires 8-12-96
NotayPublic
Page 7 of 7
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION #3212
I Dorothy M. Hallin, City ·Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
fore-going copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on December 14 , 19 92 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto se·t my hand and seal this
17th , day of December , 19 92 -----------
llin, City Clerk
(SEAL)