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Home My WebLink About#669 Resolution 1415SCANNED TH!! ITEM HAS o . City of ORO . :· dl/111} OEEN RESOLUTION OF THE CITY COUNCIL 1415 NO. _______ _ A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR THE PLAT OF BALDUR PARK PENINSULA WHEREAS, a subdivision application for a four-unit Planned Residential Development was filed by Tonka Lake Properties on January 7, 1982 of a property legally described as: Lots 22 to 33, inclusive, Block 1, "Baldur Park", and Lot 21 except that part thereof described as follows: Beginning on the meander line at the Northeasterly corner of said Lot 21; thence Northwesterly on said line a distance of 50 feet to the Northwesterly corner of said Lot 21; thence Southwesterly on the Northwesterly line of said Lot 21 a distance of 23 feet; thence Southeasterly to a point on the Southeasterly line of said Lot 21, 66.5 feet Southwesterly ......__ from Northeasterly corner; thence Northeasterly on said Southeasterly line 66.5 feet to the point of beginning, together with all of Nelson Lane, now vacated, and together with that part of Isle Boulevard, now vacated, lying North- westerly of a Southwesterly extension of the Easterly line of said Lot 21, Block 1, "Baldur Park", according to the plat thereof on file or of record in the office of the County Recorder (formerly Register of Deeds) in and for said County, hereinafter referred to as the property; and · WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on April 19, 1982, at which time, all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at the regular meeting of the Orono City Council held on September 13, 1982, Tonka Lake Properties, hereinafter referred to as the developer, withdrew the four-unit PRD proposal and under that same subdivision application sought Council's preliminary approval of a plat of three lots of the property; and WHEREAS, the Orono Council considered the findings of staff and the comments of P. Gary Petersen, authorized representative of the developer, and made the following findings of fact: City of RESOLUTION OF THE CITY COUNCIL NO. 1415 1. The property is located within the LR-lC zoning district requiring a minimum lot area of 21,780 sf or 0.5 acre Lot 1 is approximately 30,000 sf or 0.68 acre Lot 2 is approximately 30,160 sf or 0.69 acre Lot 3 is approximately 41,000 sf or 0.94 acre 2. The total building envelope of the property is severely restricted by the lakeshore setback standards of the Orono Zoning Code. 3. The building envelope is also restricted by a flood plain, area below 931.5 elevation, that includes more than one-third of the area of the peninsula. 4. A principal residence with accessory improvements can be located on both newly created Lots 2 & 3, meeting all required setbacks of the LR-lC Zoning District. 5. The new driveway to serve all three residential units will be constructed so to direct all surface drainage away from the lake; the existing driveway permits surface runoff direct to north shore of peninsula. 6. The proposed three-unit density with controlled use of hardcover, strict adherence to all setback standards and control of surface drainag.e will be environmentally more advantageous than that of the existing residence. 7. The existing house on Lot 1 is the only house on Baldur Park not yet connected to municipal sewer. 8. The developer has assured the Council that the existing residence on Lot 1 will be connected to sewer by Novemoer 1, 1982. 9. The hazardous structure on Lot 3 will be removed prior to final plat approval. 10. The proposed three-unit plat is more consistent with the existing pattern of development of the Baldur Park neighborhood. 11. The plat and required upgrading of Baldur Park Road will improve and assure the health, safety and welfare of the immediate neighborhood and general public. -2- City of ORONO RESOLUTION OF THE CITY COUNCIL 1415 NO. _______ _ 12. The proposed plat and required improvements will result in the enhancing of the property values of all surrounding neighborhood properties. NOW, THEREFORE, BE IT RESOLVED that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat of Baldur Park Peninsula per survey dated June 18, 1979, subject to the following conditions: 1. All lots to be connected to sewer; existing house must be connected by November 1, 1982 per irrevocable letter of credit No. A-12527-K. 2. One driveway from public road to serve all thre·e residential lots. 3. Removal of existing garage on Lot 3 prior to final plat approval. Removal of Existing garage on Lot 3 prior to or as a requirement of issuance of building permit for new house on Lot 3. 4. All lots are riparian to Lake Minnetonka and shall have docks located according to all City and Lake Minnetonka Conservation District ordinances. 5. Extension of existing Baldur Park Road to new turnaround by means of plat extension; includes paving of road and turnaround and approximately 200 feet of riprap shoreline/ road shoulder protection. 6. The Council has agreed to grant hardcover variances for Lots 2 & 3 as follows: a) Lot 2 shall be limited to b) Lot 3 shall be limited to 12 % hardcover variance 37 % hardcover variance As for Lot 1, the developer is advised that there may be no additional use of hardcover within the 75'-250' setback area unless there is an equal or greater reduction in the existing hardcover within the 0-75' setback area. The following improvements are required: 1. Extension of Baldur Park Road paved 18' wide to match existing surface to terminate at circular turnaround 40' radius paved surface, 50' radius right of way. Engineering plans for road and any drainage work must be approved by the staff and City engineer prior to the -3- City of oaJ~O' ,: RESOLUTION OF THE CITY COUNCIL NO. 1415 start of work. All work must be completed prior to final plat approval, or a developer's agreement must be signed with acceptable form of financial security to assure completion. 2. Riprapping of shoreline along Baldur Park Road extension per DNR-MCWD specifications. City permit will be granted upon approval of plans with no fee required. MCWD permit required. 3. Relocation of existing private driveway beyond turnaround. Existing driveway to be removed and reseeded. Locate to save existing trees. The following list of final submittals must be submitted within the first week of the month to assure required action by the Planning Commission at their regularly scheduled meeting on the third Monday of the month. 1. Record plat drawings in the form of two (2) mylar copies and one (1) copy reduced to l" = 200'. Drawings to include: a) Lot lines platted per preliminary survey dated June 18, 1979. b) Extend plat to include 24' minimum right of way for Baldur Park Road along Lots 17-20 inclusive. c) Plat turnaround at 50' radius as shown on survey (although do not leave private exceptions as rear part of Lot 2D d) Plat new driveway as a 20' wide outlet e) Dedicate turnaround and 24' right of way as Baldur Park Road. f) Dedicate drainage and utility easements: 1) 5' each side of lot lines between lots 2) 10' each side of driveway outlet and around cul de sac circle 3) minimum 20' wide along route or proposed sewer (which may alter size of driveway utility easement above) -4- -· . ·r I '' . . . City of ORONO ~-.~ RESOLUTION OF THE CITY COUNCIL NO. 1415 ,f(-' g) Dedicate public waters below contour 929.4 MSL as "Lake Minnetonka" 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 said interest. b) Private driveway easements and maintenance covenants. c) Owners and others with property interest on Lots 17-20 affected by Baldur Park Road extension must also sign plats. 3. Fees to be paid. Total due: $980.00 a) Park dedication fees per current schedule, two new lots (acreage 0.85 acre/lot) 2 X $440 = $880.00 b) Legal review and filing fee@ $100.00 Adopted by the City Council of the City of Orono, Minneso meeting held September 27, 1982. William B. Van Attest: w":'~~ ~/-~ Alberta M. Strom, City Clerk -5-