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Home My WebLink AboutResolution 5346 � °� , � o �� ° � � CITY of ORONU � - � . ti RESOLUTION OF THE CITY COUNCIL ��l ��'~ `9k'EsS�g' NO. � v� � � A RESOLUTION GRANTING PRELIMINARY APPROVAL OE A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 1745 FOX STREET FILE NO. OS-3097 WHEREAS, Suad Azhari, owner, and Hashem Abukhadra, property trustee (hereinafter the "subdividers") on February 23, 2005, filed a formal subdivision application with the City for approval of a six lot residential plat of property legally described as: That part of the Southeast Quarter of the Southeast Quarter of Section 3, Township 117 North, Range 23 West of the 5�' Principal Meridian lying west of the East 546 feet therof. Also, the East Half of the Southwest Quarter of the Southeast Quarter of Section 3, Township 117 North, Range 23 West of the Stn • Principal Meridian. Also, that part of Government Lot 1, Section 10, Township 117 North, Range 23 West of the Sth Principal Meridian which lies northwesterly of the Great Northern Railroad. 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 public hearings on April 18, 2005 and June 20, 2005, at which time all persons desiring to be heard conceming this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on June 27, 2005, 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— 1B One Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 57.91 acres of land; 36.8 acres of which is delineated wetland. • Page 1 of 6 � �� • o �, � C ITY of ORONO ,� - � . ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESS�g'�G NO. �. � � � 3. The proposed single family residential plat of 6 lots with a private roadway is in compliance with the 2000-2020 Orono Community Management Plan. 4. The proposed plat consists of six residential lots served by a private roadway all meeting the minimum lot standard requirements of the RR— 1B, One Family Rural Residential Zoning District with minimum 2 acre dry contiguous lot area requirements and 200' in defined width at the 929.4' elevation and 75' required setback for lots abutting the 929.4' elevation and 200' of width at the right-of-way for lots not abutting a 929.4' elevation. 5. An existing single family residence exists on proposed lot 6 and will , remain as part of the fmal plat. � � 6. Proposed lot 6, which contains ,a guest house that will remain, is accommodated appropriately as proposed lot 6 contains 5.06 dry contiguous acres, which is double the 2 acre minimum of the zoning district. 7. The private roadway proposed meets the minimum requirements of 50' of dedicated roadway with a 100' diameter cul-de-sac and will serve all six lots within the plat. 8. All lots will be served with septic systems and private wells. � � 9. . The septic sites proposed meet the required 75' setback from Tanager � Lake and proposed home sites meet the required 100' setback from Tanager Lake, which is a Recreational Development (RD) lake as classified in the Shoreland Overlay District. 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 Hashem Abukhadra at 1745 Fox Street per preliminary. plat drawings by Mark Gronberg of Gronberg &Associates, Inc., dated January 29, 2004 and revised May 4, 2005, subject to the following conditions: • Page2of6 �°� ; � • o ° � � CITY of ORONO 3 � - � � ti RESOLUTION OF THE CITY COUNCIL ��kEsIIOg'�G NO. a� � � �;i 1. The developer shall grant to the City 10 foot drainage and utility easements along perimeter property boundaries and 5 foot drainage and utility easements along all interior property boundaries. 2. Payment of standard Park Dedication Fee for Lots 1 -5. - . 3. Payment of standard storm water and drainage trunk fee for the entire prop erty. , 4. 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 issues until all drainage facilities, improvements, and satisfactory road base (base layer and initial lift of bituminous) have been installed. • 5. The two existing accesses onto Fox Street (existing main house driveway at west end of site and guest house driveway) shall be eliminated at the time the base layer and initial lift of bituminous are completed for the proposed private roadway. The paved portion of the private road shall be 24' with a 50' diameter cul-de-sac. 6. Front and street yard setback variances sha11 be granted to allow the guest house to remain in its current location until the time the main house is demolished andlor the lot is redeveloped. 7. The driveway off Fox Street serving the guest house shall be removed in accordance with condition#4 above, and re-routed to access only the main house driveway. 8. Proposed lot 6 shall be considered a back-lot for zoning purposes requiring 150% of the zoning distxict setback requirements. 9. The bluff depiction on the plans dated January 29, 2004 and revised May 4, 2005 is incorrect and shall not be used in determining the required bluff setbacks for new construction on lot 6. The location of the existing house is grandfathered in. • 10. Installation of a conforming 7-bedroom septic system serving the main house and the guest house shall be completed within 2 years of the filing Page 3 of 6 �� CITY of ORONO a : - � , ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESI3�g'�G : NO. 5 � � � of the final plat, as the existing systems serving those buildings are non- compliant. 11. The subdivider shall implement all currently provided (memo dated May 26, 2005) or forthcoming recommendations of the City Engineer regaxding grading, drainage, stormwater management and site improvements. 12. The subdivider shall be responsible for the proposed improvements to Fox Street, as noted on the Fox Street Proposed Road Profile plan dated 4-14- OS and revised 5-4-05, which are necessary to improve sight lines for the " location of the proposed private roadway. These improvements to Fox Street must be completed prior to use of the new private roadway and in � accordance with a timeline approved by the City Engineer. 13. The developer shall comply with all requirements of the Minnehaha Creek • Watershed District. 14. Subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of City Council approval (July 11, 2006). 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. �nal Plat Submittals: 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 Mark Gronberg of Gronberg & Associates, Inc., dated January 29, 2004 and revised May 5,2004. • b. Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot lines. Page 4 of 6 ` �°� • � �: ° . S CITY of ORONO � � . ti ��l �Gti RESOLUTION OF THE CITY COUNCIL `�kESII�� NO. � � � � c. 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 required for site improvements. • d. Signed and executed Drainage Easements to be taken over drainage way and detention areas within plat. 3. Fees to be paid: Total due: $64,683.20+Park Fee 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 = $64,153.20 [23.16 acres x ($2,770.00/acre)] 4. Stormwater plan approvaUpermit from the Minnehaha Creek Watershed District. • Page 5 of 6 _ o� � • � �: ° , CITY of ORONO ,� : , _ � ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESfI�g'�G NO. � c� � @) Ado�ted by the City Couilcil of the City of Orono, Minnesota at a regular meeting held this l lt day of July, 2005. ATTEST: ' � w �r V ✓ _ Linda S. Vee, City Clerk Barbara Peterson, Mayor STATE GF 1ViINNESOTA . COUNTY OF HENNEPIN /�� The foregoing instrument was acknowledged before me on this � day of , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota munic pal corporation and said instrument was e,�� uted on behalf of the City. ; � , ' . L�� , ,- �Notar� ubl'c . I ! „ � � e JACQU�LYN , YOUNG . � � � -.�,' f�otary P�rhliaMinnesota •""°� My G�xn�ssic+n E�ires Jan 31,2010 :� '`� STATE OF MINNESOTA COUNTY OF HENNEPIN A`�.,r�,.! The foregoing instrument was acl:nowledged before me,, on this�(�day of , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota nicipa corporation and said instrument was executed on behalf of the City. RACHEL DODGE � �o�6�e�_. � NOTARY PUBLIC-MINNESOTA `' NOtaTy PUbI1C • .,,,: My Commission Expires Jan.31;201'0 +'�° ,� . Page 6 of 6 "'��