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HomeMy WebLinkAbout#1734 Recorded Resolution 3294 (final)CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.$?,('/'. A RESOLUTION APPROVING THE PLAT OF BURGERS BAYSIDE SECOND ADDITION FILE NO. 1734 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of :Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a two lot plat by John Burger and Mary Jane Burger, (hereinafter " the subdividers"); and WHEREAS, the subdivision has been found to meet all standards of the LR-lA and RR-lA Zoning Districts, finding that each lot is of a size and configuration that will either allow new development of a single family residence on Lot 1 and continued use and development of the developed lot, Lot 2 without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 3131, the resolution granting preliminary approval of the two lot plat. 2. Dedication on the plat of right-of-way for a public road shown as County Road No. 84 (Bayside Road). 3. Dedication on the plat of drainage and utility easements. 4. Execution of a maintenance and easement agreement, escrow agreement and deed of appurtenant easement to allow access to Lot 1, Block 1 via Landmark Drive and Outlot C and Lot 1, Block 2 of Bayside Landing. Page 1 of 4 foon S005 Dislc Orono CITY of ORONO RESOLUTION ~ ff fITY ~OUNCIL NO. -· 5. Dedication to the City of a flowage and conservation easement providing for limitations on the use of wetlands and/or drainage ways described therein and shown on the plat as drainage easements. 6. Payment to the City of a park dedication fee in the amount of $3,696.00. 7. Payment to the City for the legal review and filing of the plat, easements and covenants in the amount of $200. 8. Payment to the City for the final plat application of $175.00. WHEREAS, on June 8, 1992 Council conceptually granted approval of a variance to Section 10.03, Subdivision 6 (B) that prohibits the combining of separated parcels for area credit divided by a public, private or platted road or road easements which result in any segment thereof being less than the minimum acreage required for that zoning district based on the following findings: A. Outlot A consisting of 4.26 acres is landlocked. Applicants have attempted to obtain access from the State, the City of Orono and adjacent property owners but have been unable to obtain legal access. B. Lot 1 consists of 2 acres of dry contiguous lands and a residence can be constructed meeting all required setbacks of the RR-lA Zoning District. Lot 1 is able to sustain both a principal and alternate septic site per a report by Stephen Weckman dated May 6, 1992. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Burgers Bayside Second Addition, Hennepin County, Minnesota, subject to the following conditions: 1. Access to Lot 2 shall remain as currently defined directly off of County Road 84 or Bayside Road. Access to Lot 1 shall be via Landmark Drive and a private access easement over Outlot C and Lot 1, Block 2, Bayside Landing. Page 2 of 4 fDffll 5005 Oisl< O!ono CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 2 (:· ,n 2. · A special lot combination shall be filed against the chain of title of Outlot A and Lot 1, Block 1 recognizing the relationship of the two parcels as they are to be considered as one residential unit and sold as one. No residential accessory structures shall be allowed to be built on Outlot A. Outlot A can never be developed as a residential unit but is set aside as an area credit for Lot 1. 3. A special lot combination shall be filed against Lot 2, Block 1 and Outlot B. This agreement recognizes that Outlot B shall provide riparian use and access exclusively for Lot 2 and that there shall be no parking either temporary or permanent of vehicles on this limited site. 4. Alternate septic test site shall be staked with snow fencing pnor to any construction or land alterations on Lot 1. 5. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before December 28, 1993, together with a certified original copy of this resolution and executed copies of the easements and covenants noted above. The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 28th day of June, 1993. llin, City Clerk Page 3 of 4 Fron 5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th June 1993 by Edward J. Callahan, Jr., and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My commission expires 8-12-96 ~~-£~ Notary Public Page 4 of 4 FOfm5005 Disk Orono .. RESOLUTION # 3 2 8 rJ STATE Of MINNESOTA ) ) COUNTY Of HENNEPIN ) ) CITY Of ORONO ) I Dorothy M. Hallin, City Clerk of the .City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the fore-going copy of a res o 1 u ti on of the City Co u n c i 1 of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on June 28 , 19 93 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto se·t my hand and seal this 30th , day of June , 19 93 ---- allin, City Clerk (SEAL) r, r : -) -, ~, i t~!~ c , f-..~ r r-1,..., i::;, 9); 0 C> :;.J 't,. -1. .;