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HomeMy WebLinkAboutResolution 4101 (preliminary plat)CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4101 NO.-----'--- A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION AND WETLAND CREDIT AND LOT WIDTH VARIAN CE FOR PROPERTY LOCATED AT 3750 BAYSIDE ROAD -FILE NO. 2383 WHEREAS, Christine M. Valerius and Gary Valerius (hereinafter the "subdividers") on April 16, 1998, filed a formal subdivision application with the City for approval of a two lot residential plat of property legally described as: Lot 2, Block 1, Burgers Bayside Second Addition, 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 a public hearing on June 15, 1998-, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on June 22, 1998, the Orono City Council considered the subdivision application of the subdividers noting the following findings of fact: 1. The property is located in the LR-lA Single Family Lakeshore Residential District and the RR-lA One Family Rural Residential District. For the purpose of subdivision and determination of future building sites, the LR-lA standards were used. The LR-lA District requires a minimum lot area of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains 4.51 acres with 3.31 acres of dry buildable and 1.2 acres of wetland. 3. The proposed plat consists of two residential lots that do not meet the dry buildable minimum lot area. A wetland credit is required to allow the wetlands on Lot 1 (1.38 acres dry buildable) and Lot 2 (1.93 acres dry buildable) to be credited to the required lot size for Lot 1 and Lot 2. Such credit is available to this subdivision per Zoning Code Section 10.55, Subdivision 15 (A) (3) which was in effect at the time of application. Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 101 4. Lot 2 is currently served by sewer. Lot 1 can be connected to sewer. The subdividers shall be required to pay a sewer connection charge. 5. Lot 2 is currently served by a private driveway. Lot 1 may be served by the existing easement. No new curb cut shall be allowed for Lot 1. 6. There is a driveway easement on Lot 1 that provides access for adjacent residential property. 7. Lot 1 does not meet the 200' minimum lot width requirement of the LR-IA District. The proposed lot width is 151' at the 50' front yard setback, excluding the driveway easement. The lot width is 181' at the 50' front yard setback including the driveway easement. A lot width variance of 19' is required. 8. Only Lot 2 shall have lake access via Outlot B, of Burgers Bayside Addition. 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 Christine M. Valerius and Gary Valerius per plat drawings of Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc. dated March 25, 1998 as revised June 5, 1998, subject to the following conditions: 1. A variance for lot width for Lot 1 is hereby granted. 2. Wetland credit for Lots 1 and 2 as noted above is hereby granted. 3. Subdividers to grant flowage and conservation easement over wetlands in Lot 1 and Lot 2 and to show all utility and drainage easements. 4. Subdividers to provide a utility construction plan and grading/erosion control plan prior to final plat approval. 5. Subdividers are hereby advised that the City cannot grant final plat approval until a pennit has been approved by the Minnehaha Creek VVatershed District (MCWD) for all grading and drainage improvements on the property. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4101 NO. _______ _ The following list of final submittals shall be submitted to the Zoning Administrator two (2) weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of each 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 survey by Mark S. Gronberg of Coffin & Gronberg, Inc. dated March 25, 1998 and most revised date June 5, 1998. B. Dedication of "drainage and utility easements" 10' wide along exterior boundaries of property and 5' along the internal lot line. C. Designation and dedication of drainage easements over drainageways and wetlands. D. 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. 3. Signed and executed drainage easements over drainageway and detention areas within plat. 4. Signed and executed flowage and conservation easement over designated wetlands. 5. A covenant indicating that no lake access easement can be granted in favor of Lot 1. Page 3 of 4 CITY of ORONO RESOLUTION OF THE CJTY COUNCIL NO. 4 101 6. Fees to be paid: A. Final plat fee = $200.00. B. Legal review and filing fees for subdivision and associated documents = $200.00. C. Park dedication fee shall be determined by City Assessor. The subdividers shall be advised as soon as the Assessor's report has been filed with the City. Park dedication fee shall be based on 8%. If the value of Lot 1 exceeds $61,250.00, the park fee would be limited to $4,900.00. D. A sewer connection charge of $14;665.00 for Lot 1. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 22nd day of June, 1998. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of June, . 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ~~1?.Ze~~~2&<~~-:;,~ CARO LE A. HASEMAN ~ NOTARY PU BLIC -MINNESOTA HENNE PI N COU NTY My Comm iss ion Exp ires Jan. 31, 20 00 Notary Public Page 4 of 4