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Home My WebLink AboutResolution 5186 � � -�. ' . .1 � O� • O � O .� - C ITY of ORONO � -� : � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESS�4�G NO. � � � � A RESOLUTION APPROVING THE PLAT OF 1VIALLYVALE - FILE #04-2971 ' WI�REAS,the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and ' WIiEREAS,the City Council of the City of Orono(hereinafter"City Council")has . adopted subdivision and land development reg�.tlations for the orderly,econoinic a�1d safe development of land within the City; and � WHEREAS,the City Cotuzcil has considered the application by Hickory Fine Homes,Inc. (hereinafter the"applicant")on behalf of William Henderson and Roslyn L.Henderson,husband and wife, for subdivision of property located at 3220-3240 Watertown Road and legally described as follows: Lots 1 and 2, Block 1, and Outlot A, SENN ORONO ADDITION, Hennepin County, Minnesota (hereinafter"the property"); and ' WHEREAS,on March 8,2004 the City Council adopted Resolution No.5128 grantin� Preliminary Plat Approval for the proposed development of a two-lot replat for single familyresidential purposes;�and WHEREAS, the Developer has completed or has 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. 5128. 2. Dedication on the plat of perimeter Drainage and Utility Easements and Drainage Easements as required in Resohition No. 5128. 3. Desi�ation and dedication on the plat of wetlands subject to City and other agency • jurisdiction, and grantin�of the standard Flowa;e and Conservation Easement over said wetlands. � Pa�e 1 of 5 _ � °� . • o �� o s C ITY of ORONO � -- ; � , ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESII�S�`�G NO. � Il � � 4. Establishment of a 35'vegetative buffer and execution of a conservation easement over said buffer, along both sides of the creek within Lots 1 and 2. 5. Establishment by covenant ofrestrictions on the portion of Lot 1 containing slopes in excess of 18% to prohibit the placement of structures within said sloped areas. 6. Provision to the City of evidence of a private shared driveway easement and covenants for driveway inaintenance over Outlot A in favor of Lots 1 and 2. 7. Establishment of covenants for each Iot for protection of drainfield sites within each Lot, including protective language for alternate septic sites along with site plans locating both ' prunary and alternative sites;and including lan�uage alerting futt�re property owners of the need to protect sites on adjacent properties. • 8. Submittal of Minnehaha Creek Watershed District (MCWD) permit approvinj the grading,drainage and stormwater management plan for development of the Property, includin� any permits necessary for the creek crossin�. 9. Payment to the City of Stormwater and Drainage Trunk Fee,final plat revie�v fees and legal review and filin� fees as identified within Resolution No. 5123. 10. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. NOW,THEREFORE,BE IT RESOLVED that based on the findings of Resolution No. 5128,the City Council of the City of Orono does hereby approve the plat of MALLYVALE,Hennepin County, Minnesota subject to the followin�declarations and conditions: 1. A hardcover variance for the driveway creek crossing is hereby�anted,such variance allowing only the amount of hardcover within 75'of the bank of the creek that is necessary to accomplish the creek crossing, subject to approval of the planning Director. 2. A variance is hereby jranted for fillin�within the floodplain to accomplish the creek � crossing,subj ect to anyrequirements that maybe established by the Minnehaha Creek Watershed District for such work. Only the one proposed creek crossing shall be allowed. � Page 2 of � � o,�,. . . � . o �, o • � C ITY of ORONO . � - - ti � RESOLUTION OF THE CITY COUNCIL ti �L`�k'ESII04�G .. NO. a� � � s . 3. A lot width variance of 95' for Lot 1 is hereby granted. 4. The following special setback requirements shall be adhered to: a) Lot 1 is subjectto 150%ofthe standard setbacks,perthe staff sketch attached to Resolution No.5128. b) Lot 2 is subj ect to a 50'side street setback for the principal structure from the driveway outlot,rather than the norma130' side setback. 5. All existing"Utility and drainage easements"dedicated and shown on the plat of SENN ORONO ADDITION are hereby vacated. 6. The existing Drainage Easement granted to the City via Document No. 5701760 dated August 8th, 1990 is hereby vacated. 7. Approval is subj ect to all recommendations noted in the City Engineer's letter of 1-22-04, • plus anydrainage provisions deemed necessaryby CiiyEngineer to accommodate drainage from the east. 8. The sloped area southeast ofthe creek within Lot 1 with slopes of 18%or greater shall be considered as non-buildable land. 9. Prior to issuance of building permits,applicant shall submit a final driveway design meeting the approval of the Orono Fire Marshal and the City Engineer. 10. Lot 2 shall have vehicular access to Watertown Road via the private driveway to be established in Outlot A,and any existing access points from Lot 2 to Watertown Road shall be graded so as to be unusable,prior to issuance of a Certificate of Occupancy for any home on Lot 2. 11. All identified primary and alternate sewage system drainfield sites within the subdivision shall be fenced offprior to any land alterations,and such fencing shall remain in place until such time that each Lot is developed. 12. The City Clerk shall release the plat doctunents for filing only upon certification by the City Attomey and Pla�ining Director that all requirements of the plattin�regulations have been • satisfied. . Page 3 of � : �°� � i o ��, � o � . . � C ITY of ORONO � � � ti �'� G�' � RESOLUTION OF THE CITY COUNCIL - ��kES�I�g'� NO. � � � � 13. The aforesaid plat shall be filed bythe City of Orono with the Hennepin CountyRegistrar ofTitles Office on orbefore December 14,2004 together with acertified original copyof this resolution and executed copies of the easements and covenants pertinent thereto. The approval�ranted by this Resolution shall expire ifthe conditions of this Resolution have not been met or the plat has not been filed by the date specified above. In that event,it�vill 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 June, 2004. ATTEST: � � • � ��- Linda S. Vee, City Clerk Barbara A. Peterson, Mayor • Paje 4 of � ..J . � I O� • O � O 3 CITY of ORONO � � ti �'�� G'�' • RESOLUTION OF T�HE�C�T�OUNCIL `9kESII��' NO. STATE OF MINNESOTA COUNTY OF HENNEP]N h The foregoing instrument was acknowledged before me on this�day of ,2004 by Barbara A. Peterson,Mayor of the City of Orono, a Minnesota municipal corp ation and said instrument wa, e e tthe City. 1.�,�, RACHEL DODGE o '' NOTARYPUBUC-MINNE�OTA �� '�...._,; h�y C°mmissbn E�k�s Jan.31,2005 , �QL��f L—� �,��... �, ; u Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN • `oQ The foregoing instruinent was acknowledged before me on this�3 day of ,2004 byLinda S.Vee,City C1erk ofthe Cityof Orono,aMinnesotamunicipal corporatio and said instrument was executed on behalf of the City. '�,,�j�"�'±,� RACHEL DODGE � �'= , ,�v oe..(�- � � NOTARYPUBLIC-MIN�ESOTA j Notary Public �;�t ,� My Comm�ssion Exp(res Jan.39,20G5 . A� .... �. G' ��..�,,:.��--° _. � Pa;e 5 of 5