HomeMy WebLinkAboutResolution 5495CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 4 9 5
A RESOLUTION GRANTING CONCEPTUAL APPROVAL
FOR THE VACATION OF MANOR CIRCLE,
FOR THE VACATION OF CERTAIN EXISTING
DRAINAGE AND UTILITY EASEMENTS,
AND GRANTING PRELIMINARY PLAT APPROVAL
FOR PROPERTIES LOCATED AT 130 AND 145 MANOR CIRCLE
FILE NO. 06-3218
WHEREAS, Julie Morrison -Arne & Brian Arne and Kerry & Kiann Nassauer
(hereinafter the "Owners") are owners of the properties within the City of Orono (hereinafter the
"City") located at 130 and 145 Manor Circle and legally.described as follows:
130 Manor Circle (Morrison -Arne):
Lot 1, Block 1, Countryside Manor 2"d Addition, Hennepin County, Minnesota
145 Manor Circle (Nassauer):
Lot 1, Block 2, Countryside Manor 2nd Addition, Hennepin County, Minnesota
(hereinafter the "Properties"); and
WHEREAS, the Properties are separated by a platted public road known as
Manor Circle, which road was platted and dedicated within the plat of Countryside Manor 2nd
Addition in 1984, and which provides road access to the Properties from the private road known
as Countryside Drive, via a paved roadway and cul-de-sac extending approximately half the
length of the existing dedicated Manor Circle right-of-way; and
WHEREAS, it is evident from City records that Manor Circle was incorrectly
platted by the developer as a public road rather than a private road, and that the City intended for
Manor Circle to be platted as a private road outlot; and
WHEREAS, Countryside Manor 2" d Addition was the second phase of a 4 -phase
subdivision process of the former 80 -acre Dickey property. During development of the Dickey
property, provisions were made in the various phases to have all new lots served by an integral
interior road system, minimizing driveway or private road accesses directly to the surrounding
City roads (Willow, Watertown, Old Crystal Bay). To that end, Manor Circle was platted to the
north boundary of Countryside Manor 2nd Addition with the expectation that it would be
extended to the north to serve future lots. However, when Old Crystal Bay Road Second
Page 1 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 4 9 5
Addition was platted in 1994, Manor Circle was ultimately not extended; its 50' corridor dead -
ends at the rear lot lines of 2485 and 2525 Thoroughbred Lane; and
WHEREAS, the properties at 2485 and 2525 Thoroughbred Lane do not have an
identified need for rear access to Manor Circle, and have not used Manor Circle for access.
Further, no utility lines serving 2485 and 2525 Thoroughbred Lane require use of Manor Circle,
and no private or public trail system, drainageway or other amenity exists or is planned that
would suggest a need for preservation of the entire Manor Circle corridor as a public road; and
WHEREAS, the Owners have jointly requested that the City vacate Manor
Circle, and have requested that the City approve a re -plat involving the vacated road and their
respective properties to create a private road outlot with cul-de-sac, and increase the size of their
individual lots. An additional basis for the request is to allow the owners of 130 Manor Circle to
meet the required setbacks for a proposed addition to their existing residence without the need
for a setback variance; and
• WHEREAS, while the paved road segment of Manor Circle exists within the
dedicated 50' right-of-way corridor, the existing paved cul-de-sac circle extends easterly and
westerly beyond the dedicated right-of-way into the Properties. It was originally intended that
these cul-de-sac extensions be on temporary easements, and that the cul-de-sac pavement be
removed once the road was extended to the north. It is not known whether temporary easements
were ever created, but if so, they may need to be modified under the proposed re -plat; and
WHEREAS, on June 21, 2006 the Owners filed an application for the proposed
street and easement vacation and re -plat; 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 on the application on July 17, 2006, at which time
all persons desiring to be heard concerning this application were given the opportunity to speak
thereon; and
WHEREAS, on July 17, 2006 the Planning Commission recommended approval
of the application, conditioned on the dedication of necessary utility and drainage easements and
provision of evidence that the road will continue to be maintained by the Owners or the existing
neighborhood homeowners association; and
Page 2 of 7
.7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 49 5
WHEREAS, the City Council reviewed the application at regular meeting held
on August 14, 2006 and hereby makes the following findings with regards to this application:
FINDINGS
1. This application was reviewed as Zoning File #06-3218.
2. The Properties are zoned RR -1B Single Family Rural Residential District, which
requires a minimum lot area of 2.0 acres and minimum lot width of 200' The
Properties meet these standards both before and after the proposed re -plat.
3. The appropriate utility companies serving the neighborhood have been contacted
and none have objected to the vacation and replat. Excel Energy has service lines
partially within the right-of-way to be vacated and has requested that appropriate
utility easements for such facilities be granted.
4. Although no distinct drainageways are evident north of the existing paved cul-de-
sac, it would be appropriate to vacate existing drainage and utility easements
along the Manor Circle frontage of the Properties and dedicate new drainage and
utility easements along the new property boundaries.
5. The existing road and cul-de-sac pavement is not intended to change, and will be
kept as -is, where it will serve as access for the existing driveways of the two
applicants. No drainage patters are intended to change, and there is no apparent.
runoff channel from the north to the south that would require relocation. Under
the re -platted configuration the portion of the existing cul-de-sac within the two
residential lots will be within a private road outlot. The area of dedicated road
north of the cul-de-sac will be split down the middle, with each Owner gaining
their respective half as private yard area. The two existing residences will remain
conforming and maintain the minimum 50' front yard setback from the road
outlot.
6. The proposed vacation and re -plat has no negative impact on existing or future
on-site sewage treatment potential for the Properties.
7. The resulting lots will contain suitable area meeting all established requirements
to continue to support single family residences.
Page 3 of 7
•
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 49 5
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 grants Preliminary Plat
Approval for Julie Morrison -Anne & Brian Arne and Kerry & Kiann Nassauer per the
Preliminary Plat survey/drawing by Mark S. Gronberg of Gronberg & Associates, Inc. dated
June 16, 2006; and grants conceptual approval for the vacation of the 50' Manor Circle public
right-of-way from Countryside Drive to the north line of the plat of Countryside Manor -2°d
Addition, and the 10' wide drainage and utility easements within the Properties abutting either
side of the Manor Circle right-of-way, subj pet to the following conditions:
1. The Owners as part of the re -platting shall grant to the City the following easements:
a) Road, Drainage and Public Utility Easement over Outlot A.
b) 10' wide Drainage and Utility Easements within the newly defined Lots 1 and 2
along the lot lines abutting Outlot A.
C) 5' wide Drainage and Utility Easements on either side of the new shared lot line
between Lots 1 and 2 north of Outlot A, connecting to the existing 5' D&U
easements along the north boundaries of Lots 1 and 2.
2. The applicants shall do one of the following actions regarding maintenance and
ownership of Outlot A, to be determined prior to final plat approval:
a) Execute a "Declaration of Covenants, Conditions, Restrictions and Private
Roadway Easement" to ensure that the private road will be maintained to
reasonable standards at all times by a homeowner's association (in this case the
two applicants would likely form a separate association just for Manor Circle, and
the two applicants would share ownership of Outlot A as part of that association),
and that failure of that private group to so maintain their private road will be
cause for the City to accomplish needed maintenance and to assess the benefitted
properties for the direct costs of such maintenance; OR
b) Revise the existing Countryside Manor covenants to include Manor Circle in
existing private road maintenance agreements, with the existing Association
owning Outlot A.
Page 4 of 7
•
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
.NO. 5 49 5
3. The private road Outlot shall continue to be known as Manor Circle and no addresses will
be changed.
FINAL 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. 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'. Drawing to include:
A. Lot lines platted per preliminary plat survey/drawing by Mark S. Gronberg
dated 6-16-06 attached hereto as Exhibit A, except as modified herein.
B. Dedication of "drainage and utility easements" 10' along exterior property
lines and 5' along the interior property line as shown on the attached
Exhibit B.
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 applicant must provide certified copies of all recorded easements
currently affecting the property.
C. Signed and executed Road, Drainage and Utility Easement and
Declaration of Private Covenants, Conditions, Restrictions and Private
Roadway Easement for Maintenance of Same over the private road Outlot,
or an alternate maintenance provision meeting the approval of the City
Attorney.
Page 5 of 7
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. - 5 49 5
3. Plat approval fees to be paid: Total due: $530.00
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 14th day of August, 2006.
ATTEST:
Linda S. Vee, City Clerk
Barbara A. Peterson, Mayor
Page 6 of 7
•
0
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 549 5
The foregoing instrument was acknowledged before me on this l6_/ 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.
.. RACHEL DOD
. ti
((1 Commission
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
The foregoing instrument was acknowledged before me on this day of Z=uz�,g,
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.
HEL DODGE Nota Public
UBLIC - A/!{[`l2 s��TA ryWNOT::ARY�
�y Cion Expires Jan. 3', Lr'
Page 7 of 7
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