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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5435
A RESOLUTION GRANTING PRELIMINARY
APPROVAL OF A CLASS III SUBDIVISION FOR
PROPERTY LOCATED AT 1100 TOWNLINE ROAD
FILE NO. 06-3169
WHEREAS, Christopher Diesen (hereinafter the "subdivider") on December 5,
2005, filed a formal subdivision application with the City for approval of a two lot
residential plat of property legally described as:
That part of the Northwest Quarter of the Southwest Quarter of Section 30,
Township 118, Range 23, described as beginning at the intersection of the west
line of said Section 30 and the south line of the north 369.48 feet of said
Northwest Quarter of the Southwest Quarter; thence easterly along said south line
1215.22 feet; thence southerly deflecting to the right 91 degrees 48 minutes 25
seconds to the north line of the south 446.2 feet of said Northwest Quarter of the
Southwest Quarter; thence westerly along said north line to said west line of
Section 30; thence northerly along said west line of the point of beginning,
Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the
Orono Planning Commission held a public hearing on February 21, 2006, at which time
all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, at its regular meeting held on March 13, 2006, the Orono City
Council considered the subdivision application of the subdivider noting the following
findings of fact:
1. The property is located within the RR — 1A, One Family Rural Residential
Zoning District requiring a minimum of 5 acres of contiguous dry
buildable land within each newly created lot.
2. The property contains approximately 13.79 acres of land of which 0.23
acres are delineated wetland as shown on the survey by Meyer-Rohlin,
Inc., dated January 24, 2006.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. . 5 43 5_
3. The proposed plat consists of two residential lots each meeting the
minimum lot area requirement of the RR — 1A, One Family Rural
Residential Zoning District each meeting a minimum of 5 acres of
contiguous dry buildable land.
4. The proposed subdivision to create residential lots of five acres in area or
larger conforms to the provision of the RR-lA Zoning District and the
Rural Residential guiding as established in the Orono 2000-2020
Community Management Plan, with the following exceptions:
a. Proposed Lot 1, Block 1, as shown on the survey by Meyer-Rohlin,
Inc., dated January 24, 2006, has a width of 220.68' and requires a
variance from the minimum 300' width requirement as established by
the RR -1A, One Family Rural Residential Zoning District.
• b. Proposed Lot 2, Block 1, as shown on the survey by Meyer-Rohlin,
Inc., dated January 24, 2006, has a width of 270.19' and requires a
variance from the minimum 300' width requirement as established by
the RR-lA, One Family Rural Residential Zoning District
5. The required variances to lot width are justified by the existing width of
the property; the fact that no additional land is available to be acquired to
gain the necessary width; that platting of a front -back lot configuration
would be impractical due to the topography related to the proposed
building pad locations; and that the existing home and outbuildings as well
as proposed residence structures can easily meet all setback requirements.
6. Both proposed Lots 1 and 2 will be served with private wells and septic
systems.
7. Proposed Lot 2 contains an existing house and four outbuildings all of
which will remain.
8. Both proposed Lots 1 and 2 will be served off the existing driveway
access from Townline Road.
9. The westerly 33 feet of the property will be dedicated as Townline Road
• public road right-of-way.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 54 35
10. The developer will grant to the City standard Drainage and Utility
Easements along lot lines and over the shared driveway.
11. The wetlands on the site are at the northwestern corner of Lot 1 and the
southeastern corner of Lot 2, minimally impacting each lot. The wetland
on Lot 1 is classified as a "Manage 2" requiring implementation of a 25'
wetland buffer and a 20' structure setback from the buffer for a total of 45'
of setback. The wetland on Lot 2 is classified as a "Manage 1" requiring a
35' buffer and a 20' structure setback from the buffer for a total of 55' of
setback. The proposed building pad locations meet the required wetland
setbacks on each lot. A buffer establishment and maintenance covenant
will be required.
12. Primary and alternate on-site sewage treatment system sites have been
identified for proposed Lots 1 and 2. The septic mound on Lot 2 is failing
and must be brought up to code prior to the filing of the final plat.
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 Christopher Diesen at 1100 Townline Road per
preliminary plat drawings by Meyer-Rohlin, Inc., dated January 24, 2006, subject to the
following conditions:
1. Both proposed Lots 1 and 2, on the survey by Meyer-Rohlin, Inc., dated
January 24, 2006, shall be served off the existing driveway access from
Townline Road. Access easements shall be provided over the existing drive
for proposed Lots 1 and 2.
2. The private driveway shall be privately maintained per the appropriate access
easement/maintenance documents to be executed by the subdivider. The
subdivider shall create a homeowners association for each ownership shared
driveway and maintenance.
3. All identified primary and alternate sewage treatment system drainfield sites
within the subdivision shall be fenced off by the subdivider prior to any land
alterations, and such fencing shall remain in place until such time that each lot
is developed.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5435
4. Subdivider shall develop covenants for each Lot for protection of drainfield
sites within each Lot. Covenants shall include protective language for
alternate septic sites along with site plans locating both primary and alternate
sites. Subdivider shall include language alerting future property owners of the
need to protect sites on adjacent properties.
5. Subdivider shall pay the standard Park Dedication Fee for proposed Lot 1,
Block 1, on the survey by Meyer-Rohlin, Inc., dated January 24, 2006.
6. Subdivider shall grant Flowage and Conservation Easements over the
wetlands in Lots 1 and 2, on the survey by Meyer-Rohlin, Inc., dated January '
24, 2006.
7. The subdivision is subject to the Storm Water and Drainage Trunk Fee as
established by City Ordinance.
• 8. The subdivision is subject to dedication of standard Drainage & Utility
Easements along lot lines and over the shared driveway.
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9. Subdivider is hereby advised that the City will not grant final plat approval
until the MCWD has approved a stormwater management plan for the
property.
10. Wetland. The areas delineated as wetland as shown on the preliminary plat
drawing shall be subject to the standard Flowage and Conservation Easement.
The wetland on Lot 1 is classified as a "Manage 2" requiring implementation
of a 25' wetland buffer and a 20' structure setback from the buffer for a total
of 45' of setback. The wetland on Lot 2 is classified as a "Manage 1"
requiring a 35' buffer and a 20' structure setback from the buffer for a total of
55' of setback. The subdivider shall execute a buffer maintenance covenant to
be filed in the chain of title.
11. Subdivider is hereby advised that preliminary subdivision approval will expire
within one year of the date of City Council approval, March 13, 2007. Should
the subdivider fail to complete the filing of the final plat application within the
year deadline, it shall be necessary for the subdivider to file a new preliminary
subdivision application with the City.
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Final Plat Submittals:
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
The following list of final submittals must be submitted to the Zoning
Administrator two weeks prior to the regularly scheduled City Council meeting on the
second and fourth Mondays of the month. These submittals are as follows:
1. 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'. Drawings to include:
a. Lot lines platted per preliminary survey by Meyer-Rohlin, Inc., of
Buffalo, Minnesota, dated January 24, 2006,.
b. Dedication of drainage and utility easements 10' wide along the
exterior boundaries of property and 5' along the internal lot lines.
c. Dedication of drainage and utility easements 25' wide over the shared
driveway.
d. Dedication on the plat of 33' of right-of-way for Townline Road.
e. Designation and dedication of drainage easements over drainageways
as noted in this Resolution.
f. The naming of plat.
2. Legal documents 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 Developer's Agreement and letter of credit for
• approved site improvements, and construction of stormwater and
drainage facilities, etc as necessary.
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g CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
��`9kESI34��G NO.
d. Signed and executed Flowage and Conservation Easement over the
wetlands and required buffer areas in Lots 1 and 2, as shown on the
survey by Meyer-Rohlin, Inc., dated January 24, 2006.
e. Drainage Easements to be taken over drainage way and detention areas
within plat.
f. Signed and executed buffer maintenance covenant.
g. Completed private covenant for all Lots regarding protection of
drainfield sites. Covenants to include protective language for primary
and alternate drainfield sites and to include the site plans locating both
the . primary and alternate sites. Subdivider to develop language
alerting future owners of need to protect sites on adjacent properties.
• Covenants must be in a form suitable for filing. The City has samples
of protective covenants used by former developers available for
review.
3. Fees to be paid: Total due: $30,489.20 *
a. Final plat fee = $250.00
b. Legal review and filing fees for subdivison and associated documents
= $280.00
C. *Park Dedication Fee: amount shall be determined as soon as City
Assessor has placed a fair market value on the undeveloped land at the
time of preliminary plat approval. The subdivider shall be advised as
soon as Assessor's report has been filed with City.
d. Storm Water and Drainage Trunk Fee = $29,959.20 [(6.14 acres @
$2,280/acre) + (7.0 acres @ 2,280/acre )]
4. A copy of all necessary permits approved by the Minnehaha Creek
Watershed District.
• 5. Installation of a conforming septic mound treatment system on Lot 2. If a
septic system cannot be installed prior to the filing of the Final Plat
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 54 35
documents the subdivider shall provide the City of Orono with an escrow
in the amount of 150% of the cost of the improvements.
Adopted by the Orono City Council on the 13`x' day of March, 2006.
ATTEST:
Linda S. Vee, City Clerk Barbara Peterson, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN
• The foregoing instrument was acknowledged before me on this 7-f -day Of
2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
•
see
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this2l' day of
2006 by Linda S. Vee, 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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