HomeMy WebLinkAboutResolution 5489CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. X489
A RESOLUTION APPROVING
THE PRELIMINARY PLAT
AND DENYING LOT AREA VARIANCES
FOR PROPERTY LOCATED AT
1391 FOX STREET AND 1401 SHORELINE DRIVE
FILE NO. 06-3196
WHEREAS, Patrick J. McNaughton and Lisa _. McNaughton (hereinafter the
"Developers") are the owners of the property located at 1391 Fox Street within the City of Orono
(hereinafter the "City") and legally described as "Lot 1, Block 1 and Outlot A, Blue Hill,
Hennepin County, Minnesota"; and
WHEREAS, Edward H. Hamm (hereinafter the "Seller") is the owner of the
• property located at 1401 Shoreline Drive within the City of Orono and legally described as "Lot
1, Block 2, Dragonfly Hill, Hennepin County, Minnesota"; and
WHEREAS, on April 19, 2006 the Developers and the Seller jointly filed a
subdivision application with the City for approval of a subdivision of a lot line rearrangement
that would detach Outlot A, Blue Hill from Lot 1, Block 1, Blue Hill, and combine said Outlot A
with Lot 1, Block 2, Dragonfly Hill; and
WHEREAS, the aforesaid division/combination process requires platting because
the intent of the application is to make the combination of Lot 1, Block 2, Dragonfly Hill and
Outlot A, Blue Hill a buildable lot, since Outlot A is not buildable land as an Outlot; and
WHEREAS, the plat of Blue Hill was approved in 1994, creating Lot 1, Block 1,
Blue Hill with a lot area of 1.82 acres, and Outlot A, with an area of 0.25 acres. Lot 1 and Outlot
A are not contiguous parcels, but are separated by approximately 200' of County road and
railroad corridor right-of-ways. That approval included a Special Lot Combination Agreement
requiring that Lot 1, Block 1, Blue Hill and Outlot A, Blue Hill remain in common ownership,
with Outlot A providing lake access for Lot 1, as well as completing Lot 1's 2.0 -acre
requirement as required in the RR -1B and LR-lA zoning districts in which Lot 1 and Outlot A
respectively are situated. The combined area is 2.07 acres. The Agreement established
conditions under which Outlot A could be used. A 1999 amendment to the Agreement allowed
for a parking area to be established in Outlot A; and
Page 1 of 8
El
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5489
WHEREAS, Lot 1, Block 2, Dragonfly Hill abuts Outlot A, Blue Hill and is 0.89
acres in area. The separation of Lot 1, Block 1, Blue Hill from Outlot A, Blue Hill, and the
subsequent combination of Lot 1, Block 2, Dragonfly Hill and Outlot A, Blue Hill would result
in Lot 1, Block 1, Blue Hill being reduced to 1.82 acres in area and the combination of Lot 1,
Block 2, Dragonfly Hill and Outlot A Blue Hill being increased only to 1.14 acres in area, in
each case less than the 2.0 acre lot area requirement of the zoning districts in which the resulting
parcels are located; and
WHEREAS, the Developers and the Seller jointly and concurrently with the
subdivision application requested lot area variances for the resulting parcels in order to establish
said new lots as buildable; and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono
Planning Commission held a public hearing for the application on May 15, 2006, at which time
all persons desiring to be heard concerning this application were given the opportunity to speak
thereon; and
WHEREAS, on May 15, 2006 the Planning Commission voted 3-2 on a motion
to recommend approval of the lot line rearrangement and lot area variances, subject to a
requirement to provide a screening plan at the time of building permit application to be reviewed
by staff and Council, and subject to completion of the platting process; and
WHEREAS, the City Council on June 12, 2006 reviewed the application and
accepted additional public comments, and on a vote of 4-0 tabled the application until the next
meeting at which the full 5 -member Council would be present; and
WHEREAS, at its regular meeting of July 10, 2006 the City Council again
reviewed the application, accepted comments from the applicant and the public, and on a vote of
3-2 adopted a motion to allow the lot separation and re -combination as proposed, but indicated it
would not approve granting of the lot area variances associated with the subdivision at this time
and would formally deny such variances unless the lot area variance request is withdrawn, and
directed that this action be documented in a resolution for preliminary plat approval and denial of
the associated lot area variances; and
WHEREAS, the City Council hereby makes the following findings with regards
to this application:
Page 2 of 8
•
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5489
FINDINGS
This application was reviewed as Zoning File #06-3196.
2. In 1980 municipal sewer was provided to the Minnetonka Bluffs area, including
Orono Lane. The property at the west end of Orono Lane was provided with a
sewer stub and assessed for sewer, and the City Council at that time adopted
Resolution No. 1183 regarding the property, finding that "said property would
likely be considered as a buildable lot of record if sewer was available". That
property in 1982 was replatted as Lot 1, Block 2, Dragonfly Hill (1401 Shoreline
Drive) and has remained vacant to this day, owned by Edward Hanan as a
separate lakeshore tax parcel of approximately 39,000 s.f. or 0.89 acre (staff
calculation), with an assessed valuation of $650,000 and having 163' of shoreline.
3. The plat of Blue Hill was approved in 1994. That approval included a Special Lot
Combination Agreement requiring that Lot 1, Block 1, Blue Hill and Outlot. A,
Blue Hill remain in common ownership, with Outlot A providing lake access for
Lot 1, as well as completing its 2 -acre requirement. The Agreement established
conditions under which Outlot A could be used. A 1999 amendment to the
Agreement allowed for a parking area to be established in Outlot A. The property
at 1391 Fox Street has also remained vacant, and the Developers have concluded
that due to having to cross County Road 15, use of the lake access for 1391 Fox is
unsafe, impractical, and ultimately not marketable. The City Council concurs
with this analysis of the current configuration.
4. At some point in time after 1994, Hennepin County combined Lot 1, Block 1,
Blue hill and Outlot A, Blue Hill for tax purposes, so they currently exist as one
tax parcel. While Lot 1 has not been assessed for sewer, it is in the MUSA and a
sewer connection can be made within a reasonable distance to the east on Fox
Street.
5. The Developer and the Seller have reached an agreement whereby Outlot A of
Blue Hill would be combined with Lot 1, Block 2, Dragonfly Hill, making a more
buildable lakeshore lot and leaving Lot 1, Block 1, Blue Hill without lake access.
Page 3 of 8
•
0
CITY of OR0NO
RESOLUTION OF THE CITY COUNCIL
NO. 5 48 9
6. The resulting lots would exhibit the following buildability characteristics:
Proposed 1391 Fox Street (RR -1B Zone):
Required Principal Structure Setbacks:
Front (North) - 50'
Side (East) - 30'
Rear (South) - 50'
Side Street (West) - 50'
Buildable Area Within Setbacks: 135' + wide x 150' + deep 34,000 s.f. +
Allowable Hardcover (500-1000' zone): 35% = 27,000 + s.f.
Allowable Structural Lot Coverage: 15% = 11,900 s.f.
Proposed 1401 Shoreline Drive (LR -1A Zone):
Required Principal Structure Setbacks:
Lake (South) - 75'
Side Street (West, along CR 15) - 50'
Side (East) - 30'
Rear (North, Orono Lane frontage) - 50'
Buildable Area Within Setbacks: 11,000 s.f. +
Allowable Hardcover: 0-75' Zone'(16,350 s.f. 0% = 0 s.f.
75-250' Zone (31,250 s.f. +): 25% = 7,800 s.f. +
250-500' Zone (2,300 s.f +): 30% = 690 s.f. +
Allowable Structural Lot Coverage: 15% x 49,900 = 7,485 s.f.
The shape and topography of the lot and the buildable area due to the location of
County Road 15 are limiting factors in developing this site, which will present
challenges in terms of house footprint size and shape, orientation and height of
house and garage. The driveway access must be to Orono Lane per Hennepin
County, which adds length to the driveway and potentially limits house size based
on hardcover limits. However, the site has characteristics which suggest a
substantial house could be designed that would meet the required setbacks, height,
hardcover and structural coverage standards.
8. Council finds that despite the prior City Council's intention in 1994 to. make Lot
1, Block 1, Blue Hill meet the 2 -acre standard by permanently attaching it to
Outlot A, Blue Hill via a Special Lot Combination, that approval essentially
granted a lot area variance to Lot 1, Block 1. Further, the more than 200 -foot
separation of the two parcels across a railroad corridor and a County highway
with traffic counts in excess of 20,000 vehicles per day, without any traffic
control to allow for safe pedestrian crossing, are factors which make the
Page 4 of 8
0 0
CITY of ORONO
JANti
ti
RESOLUTION OF THE CITY -COUNCIL
`gkES0 NO. 5 48 9
functional relationship between Lot 1 and Outlot A dubious at best, and makes
actual use of Outlot A by any owner of Lot 1 both impractical and unsafe.
Further, the opportunity exists to make reasonable use of Outlot A by attaching it
to an adjacent contiguous parcel of land, to enhance the buildability of and allow
for safer access for said adjacent parcel, which Council in 1982 determined was
likely buildable even without the addition of adjacent lands. The Council finds
that the circumstances surrounding this application are unique, and that similar
situations within the City are rare or nonexistent, such that the precedent -setting
aspects of approving the proposed division/combination are minimal.
9. The Developers and Seller have provided only conceptual plans and site planning
for a home at 1401 Shoreline Drive. Neighboring property owners have
expressed valid concerns about the impacts that development of the 1401
Shoreline Drive site with a new residence will have on their neighborhood.
Council finds that due to concerns about the impact of development of a home at
. this site related to its potential impact on the adjoining Orono Lane neighborhood
with regards to screening of traffic visibility and traffic noise, it would be
premature to grant a lot area variance for the property until a formal complete
proposal for actual development of the site is presented, at which time the issues
of noise and visual screening, drainage, etc. can be more thoroughly addressed.
10. Because Lot 1, Block 1, Blue Hill will no longer be attached via Special Lot
Combination to Outlot A, a lot area variance is technically required for Lot 1.
However, the applicant has not submitted a proposed site plan or house plans for
that lot .and has not provided sufficient information for the granting of such
variance, and it would be premature to grant that variance application at this time.
11. In order to effectuate the plat, the Developers and the City will have to take the
necessary steps to extinguish the Special Lot Combination between Lot 1, Block
1, Blue Hill and Outlot A, Blue Hill.
Page 5 of 8
0 0
a CITY of ORONO
ti
ti
RESOLUTION OF THE CITY'COUNCIL
So4�G NO. 5 48 9
kEI;
CONCLUSIONS, ORDER AND CONDITIONS
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 denies the lot area variance
requested for Lot 1, Block 1, Blue Hill; denies the requested lot area variance for the
combination of Lot 1, Block 2, Dragonfly Hill and Outlot A, Blue Hill; and grants Preliminary
Plat Approval for the proposed plat per the Preliminary Plat survey/drawing by Mark S.
Gronberg of Gronberg & Associates, Inc. dated June 2, 2006 and attached hereto as Exhibit A,
subject to the following conditions:
1. The above variance denials will become invalid if the Developers and Seller formally
withdraw the lot area variance requests prior to September 4, 2006.
2. No building permits will be allowed for either of the two new Lots resulting from the
subdivision until such time that lot area variances are granted for each of the said Lots.
• 3. Access to the new Lot at 1401 Shoreline Drive shall be from Orono Lane as depicted on
the preliminary plat, and said Lot shall be assigned an Orono Lane address upon
completion of the platting process.
4. The two resulting Lots shall not be subject to park dedication requirements or to
stormwater and drainage trunk fees.
5. Upon completion of the platting requirements, the Developers and the City shall take the
necessary steps to extinguish the Special Lot Combination between Lot 1, Block 1, Blue
Hill and Outlot A, Blue Hill. ,
FINAL PLAT SUBMITTALS
The following list of final submittals must be submitted to the Zoning Administrator prior to the
regularly scheduled Council meeting on the second and fourth Mondays of the month. These
submittals are as follows:
1. Recordplat 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"
is
= 200'. Drawing to include:
Page 6 of 8
O 4
i CITY of ORONO
ti
RESOLUTION OF THE.CIT $COUNCIL
�kESI30 NO. 9 .
A. Lot lines platted per preliminary plat survey/drawing by Mark S. Gronberg
dated June 2, 2006 attached hereto as Exhibit A, except as modified
herein.
B. Dedication of "drainage and utility easements" 10' along exterior property
lines and 5' along interior property lines.
C. Naming of plat.
2. Legal documents required:
A. Title opinion addressed to the City or a title insurance policy in favor of
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 applicants must provide certified copies of all recorded easements
currently affecting the property.
•
3. Plat approval fees to be paid: Total due:
A. Final plat fee = $280.00
B. Legal review & filing fees for subdivision and associated documents:
$250.00
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held this 24th day of July, 2006.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Page 7 of 8
•
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
The foregoing instrument was acknowledged before me on this J day of and ,
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.
N
JACQUELYN M. YOUNG
Notary P�E.*�m*Javn
nnesota
Myr Cortunistlo31, 2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this3J S day of
2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal co oration and
said instrument was executed on behalf of the City.
kc)' -'r ���
RACHEL DODGE Notary Public
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
Page 8 of 8
{ PRELIMINARY PLAT & CERTIFICATE OF SURVEY FOR
PATRICK J. McNAUGHTON
OF OUTLOT A, BLOCK 1, BLUE HILL, AND OF -LOT 1, BLOCK 2, DRAGONFLY
HENNEPIN COUNTY, MINNESOTA
Gy �Y>
D
kq
CP
I&
ORONO LANE
CMI Pn9lnrrrs, UM ftw.yee., L..d Ptennen
a S Nwlh N'Jo. Gin,. L" I -A., W SSSS.
9a2—.]3 .1.1
•
9y J a.ahkn
E70STNC
HOUSE
(lw l
I
'°_
r
HOUSE
ta•®
Y
LOT I
/
PROPERTY ADDRESS: I \
1401 SHORELINE ORNE I \
PROPERTY IS VACANT I
u
EXISTNG LEGAL OESOU-MNS
• I UmN
PARCEL I)
I••I•.
GLUE HLL
•?•
m
'•
PARCEL x )
o
LINE N.
LK
Let t. eed z mucasLY to
/ -
PROPOSED LEGAL OESOa4+TI0Ns
! N
_
7
� �
PAPf.Fl I)
{��• f
OlRLOT A &IF_ IaLL and Lal 1, 81Pck 2 ORAGOtBLY MILL
r
D
LAKEa
: cl—to 1— —her
zs8w• /
� :
MINNETONKA
(9053) : d—t.a ..i,tn, eastd. 9Gamm�w ,ta I.0 d.wn
•
'
19 d—t., wapeaed spat 11—liam ,nem sea le.d dawn
I
��
BROWN'S BAY
— 917—: de,.atea .aietfe9 awtav 9n.. .a load dawn
"I•
— denotes pl—.d e -I— 90., mewl sea level dawn
T'
J
starna dw.n we erred wen an aaawo.a dau.n.
.l>
ThoNe er tlw•a Me 4wndwio a1 the d>Pv. data'bed p=lty.
' and we."a1 ae.G. al a pap.aed Mw. U --It deo
w
not pvpwl to she+ w.r at..'.mro.—.t. ae .nwaawrnenla.
CMI Pn9lnrrrs, UM ftw.yee., L..d Ptennen
a S Nwlh N'Jo. Gin,. L" I -A., W SSSS.
9a2—.]3 .1.1