HomeMy WebLinkAboutResolution 5493•
p4��0
14�
CITY of ORONO
v� RESOLUTION OF THE CITY COUNCIL
NO. 549 3
A RESOLUTION
APPROVING THE PLAT OF
SHERRI LAKEVIEW ESTATES
- FILE 905-3161
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council")
has adopted subdivision and land development regulations for the orderly, economic and safe
development of land within the City; and
. WHEREAS, the City Council has considered the application by Loren R. Fritz
• and Marlene K. Fritz, husband and wife (hereinafter "Developers") for subdivision of property
located at 3805 & 3845 North Shore Drive and 1635 Shadywood Road and legally described as
follows:
Exhibit A, attached
(hereinafter "the property"); and
WHEREAS, on March 13, 2006 the City Council adopted Resolution No. 5434
granting Preliminary Plat Approval for the proposed development of a five -lot plat for single
family residential purposes; and
WHEREAS, the Developers have completed or have agreed to complete all other
requirements of the platting regulations of the City including:
1. Completion of all platting requirements of Preliminary Plat Resolution No. 5434.
2. Dedication on the plat of perimeter Drainage and Utility Easements and Drainage
Easements as required in Resolution No. 5434.
3. Designation and dedication on the plat of wetlands subject to City and other
agency jurisdiction.
4. Provision to the City of a Flowage and Conservation Easement over all wetlands
• on the property.
Page 1 of 6
•
•
e
ti
J�
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 549 3
5. Submittal of Minnehaha Creek Watershed District (MCWD) permit approving the
grading, drainage and stormwater management plan for development of the
Property.
6. Submittal of signed Wetland Buffer Establishment & Maintenance Covenant.
7. Submittal of signed Covenant for Maintenance of Raingardens.
8. Submittal of signed Covenant for Maintenance of Ivy Plantings on Retaining
Walls.
9. Submittal of signed Trail Easement.
10. Establishment of the appropriate shared driveway easements and maintenance
covenants over Outlots A and B.
11. Provision of copies of approved Hennepin County per for driveway access
locations for Outlots A and B.
12. Provision to the City of a signed and executed Developer's Agreement and Letter
of Credit for the approved site improvements including construction of sewer and
water service improvements, storm sewer and drainage systems improvements,
and site grading and landscaping.
13. Provision to the City of a title opinion and certified copies of all recorded
easements currently affecting the Property.
14. Payment to the City of Stormwater and Drainage Trunk Fee in the amount of
$16,016.00 as established in Resolution No. 5434.
15. Payment to the City of Park Dedication Fee in the amount of $11,100.00 as
established in Resolution No. 5434.
16. Payment to the City of final plat review fees and legal review and filing fees in
the amount of $530.00 as established within Resolution No. 5434.
Page 2 of 6
U
•
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 549 3
17. Provision to the City of final plans and specifications for improvements to the
property including construction of sewer and water service improvements,
stormwater and drainage systems and facilities, site grading and landscaping per
the requirements of Resolution No. 5434.
NOW, THEREFORE, BE IT RESOLVED that based on the findings of
Resolution No. 5434, the City Council of the City of Orono does hereby approve the five lot
residential plat of SHERRI LAKEVIEW ESTATES, Hennepin County, Minnesota subject to the
following declarations and conditions:
1. Zoning, Shoreland Status. The property is zoned LR -IC Single Family Lakeshore
Residential District and subject to the lot development standards of the LR -1C District.
Additionally, Lots 1 through 5 are within the designated Shoreland Overlay District and
subject to the City of Orono Shoreland regulations pertinent thereto.
2. Lot Standards. Buildable envelopes including approved setbacks for the two new back
lots (Lots 3 and 4) are as shown on Sheets C2-1 and 03-1, the Preliminary Site Plan and
Preliminary Grading Plan per Exhibit B of Resolution No. 5434. For both Lots 3 and 4,
the northerly yard is the front yard, the southerly yard is the rear yard, and the easterly
and westerly yards are side yards. For Lot 1, by definition the easterly, yard is front, the
westerly yard is rear, the southerly yard is a side yard, and the northerly yard is a side
street yard. However, because of its highly visible corner lot status at the intersection of
two major County roads, Lot 1 shall be further limited in that no principal or accessory
structures shall be allowed within 20 feet of the north lot line. Accessory structures may
be placed on all Lots according to City standards except as noted for Lot 1.
3. Driveway Access. Driveway access to Lots 1 and 3 shall be a shared driveway within
Outlot A. Driveway access to Lots 4 and 5 shall be a shared driveway within Outlot B.
The existing driveway access onto Shadywood Road for Lot 2 shall remain. All other
curb cuts or access points onto the adjacent County Roads shall be removed. The
developer shall establish the appropriate shared driveway easements and maintenance
covenants over Outlots A and B. Developer shall provide copies of approved Hennepin
County permits for driveway access locations for Outlots A and B.
Page 3 of 6
Aq
ti
►~�
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5493
3. Municipal Sewer. The property was completely assessed for municipal sewer on a front
footage basis as part of the 1965-LS-lA project, and no further sewer connection charges
are required (MCES SAC charges will be due for each of Lots 3 and 4 at the time
building permits are issued; Lot 1 is credited for 1 SAC unit due to the recent removal of
the existing house which was connected to sewer).
4. Municipal Water. The property was assessed for complete front footage but only 3 water
units as part of the 1970-LW-lA municipal water project, hence an additional water unit
will be due for each of Lots 3 and 4 respectively, to be collected at the time of building
permit issuance for each of Lots 3 and 4, at a cost per the 2005 fee schedule of
$2,520.00 per unit.
5. Permits. No land alterations shall take place until erosion control is established and the
City Engineer has approved all final improvement plans. No building permits will be
• issued until all drainage facilities, improvements, and satisfactory road base (base layer
and initial lift of bituminous) have been installed.
•
6. Cit�En Engineer Approval Required. The Developers shall implement all recommendations
of the City Engineer regarding grading, drainage, stormwater management and site
improvements.
7. Construction of Site Utilities and Other Site Improvements. The Developers shall
construct the sewer and water utility improvements, stormwater and drainage systems and
facilities, site grading, and landscaping in accordance with the Developers Agreement to
be executed between the City and the Developers.
8. Minnehaha Creek Watershed District Approval. This subdivision approval is subject to
MCWD approvals and permits as required. The final plat shall not be released for filing
until the Subdividers have provided evidence that all required MCWD permits have been
obtained.
9. Developers Agreement. The plat shall not be released for filing until the Subdividers have
executed a Developer's Agreement per the conditions of Resolution No. 5434, including a
letter of credit written to 150% of the cost of the proposed site improvements, including
any required landscaping.
Page 4of6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 4 9 3
10. Release for Filing. The City Clerk shall release the plat documents for filing only upon
certification by the City Attorney and Planning Director that all requirements of the
platting regulations have been satisfied.
11. Filing. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or
before February 14, 2007 together with a certified original copy of this resolution and
executed copies of the easements and covenants pertinent thereto.
The approval granted by this Resolution shall expire if the conditions of this Resolution have not
been met or the plat has not been filed by the date specified above. In that event, it will be
necessary to file a new application with the City of Orono for subdivision review.
• Adopted by the City Council of Orono this 14th day of August, 2006.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
•
Page 5 of 6
•
•
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 4 9 3
The foregoing instrument was acknowledged before me on this / 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.
=/JJJ�lllJllllJ...�JJlll.,,rl.,,/lJlll.[
�JIJJJ.IJl_/Ill/lll./lJJIJ/JlIIJ�
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
The foregoing instrument was acknowledged before me on this ��"' day of
2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal
co ration and said instrument was executed on behalf of the City.
RACHEL DOD El
NOTARY
1 ll
ti
Notary PublicMy Commission Exores Jan. 31, 2010
i,
ti
Page 6 of 6
EXHIBIT A
RESOLUTION NO. 5493
LEGAL DESCRIPTION
The following described property situated in the County of Hennepin, State of Minnesota:
That part of the South 140 feet of the North 288.5 feet of Government Lot 2, Section 17, Township 117, Range 23, lying West of
the West line of "Shady Wood" and East of a line• drawn parallel with and 777.85 feet West, measured at right angles, from the
West line of "Shady Wood".
Together with:
The East 238.00 feet part of Government Lot 2, Section 17, Township 117, Range 23, described as beginning at a point on the
North line of said Government Lot 2 distant 643.50 feet West from the meander comerof said North line; thence West along said
North line 536.25 feet; thence South at a right angle, 148.50 feet; thence East at a right angle 536.25 feet; thence North at a rig ht
angle, 148.50 feet to the point of beginning.
AND that Loren R. Fritz and Marlene K. Fritz, husband and wife, owners and proprietors, and James A. Powers and Sharon L.
Powers, husband and wife, mortgagees of the following described property situated In the County of Hennepin, State of
Minnesota, to wit:
The part of Government Lot 2, Section 17, Township 117, Range 23, described as beginning at a point on the North line of said
Government Lot 2 distant 618.75 feet West from the Meander corner on said North line; thence South at right angles to said
North line, 148.5 feet; thence East, at a right angle to the West line of "Shady Wood"; thence North along the West line of "Shady
Wood" to the North line of said Government LoY2; thence Westalong said North line to the point of beginning.
Together with:
The part of Government Lot 2, Section 17, Township 117, Range 23, described as beginning at a point on the North line of said
Government Lot 2, distant 618.75 feet Westfrom the meander comer on said North line; thence West along said North line 24.75
feet; thence South at a right angle, 148.5 feet; thence East, at a right angle 24.75 feet, thence North at a right angle, 148.5 feet to
the point of beginning.
0