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Home My WebLink About#1734 Resolution 3131 (prelim)CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3131 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE 'l'WO LOT PLAT LOCATED AT 3750 BAYSIDE ROAD FILE NO. 1734 WHEREAS, John Burger and Mary Jane Burger (hereinafter "the applicants") on April 24, 1992, filed a formal subdivision application with the City for approval of a two lot residential plat of property legally described as follows: Lot 1, Block 1, Burger's Bayside and Lot 50, Auditor's Subdivision No. 20-3, and Lots 15 and 16, Block 5, Bayview Park, 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 Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on May 18, 1992 at which times 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 8, 1992, the Orono City Council considered the subdivision application of the applicants, noting the following findings of fact: 1. 2. 3. The property is located within the LR-lA Single Family Lakeshore Residential Zoning District and the RR-lA Single Family Rural Residential Zoning District. The LR-lA Zoning District requires a minimum of 2 acres of contiguous dry buildable land within each, newly created lot. Lot 2 located within the LR-lA Zoning District consists of a total of 4.51 acres, 2.9 acres dry contiguous and 1.61 acres wet. Lot 1 and Out lot A are located within the RR-lA Zoning District requiring 5 acres in area. Lot 1 = 2.33 total acres, .33 acres wet and Outlet A consists of 4.26 acres dry -for a total dry buildable at 6.59 acres. Per Section 11.03 definition 24, Lot 1 meets the minimum area in rural zones not served by sanitary sewer as it contains 2 acres of dry contiguous lands exclusive of wetlands, public and private right-of-ways, vehicular or pedestrian easements. Page 1 of 5 CITY of ORONO RESOLUTION OF TtiE CITY COUNCIL NO. 3131 4. Applicants propose legally combining Lot 1 and Outlet A as a single residential unit requiring 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 easement which results in any segment thereof being less than the minimum acreage required for that zoning district. 5. Outlet A consisting of 4.26 acres is land locked. 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. 6. 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. 7. In the May 6, 1992 memo, Stephen Weckman confirms that there is adequate area to develop an alternate on-site septic system within Lot 2's dry buildable envelope although the property is scheduled for sewer in a pending sewer improvement project. 8. Lot 1 located within the RR-lA Zoning District can be residentially developed meeting all standards of the RR-lA Zoning District except for the required width which does not measure 300' at the 100' setback where lot measures 210'. There is no available dry buildable area to the east or west to allow Lot 1 to expand the width measured in an east-west line. 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 John and Mary Jane Burger for the property located at 3750 Bayside Road per survey dated May 11, 1992, by Mark S. Gronberg of Coffin and Gronberg, Inc. subject to the following conditions: Access to Lot 2 shall remain as currently provided directly off of County Road 84 or Bayside Road. Access to Lot 1 shall be via Landmark Drive and a private access easement over Lot 1, Block 2, Bayside Landing. At the time of the filing of ~he final plat Page 2 of 5 2. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3131 ' application, applicants shall provide a copy of a fully executed access easement and covenant amendment confirming that Lot 1 will share in the cost of maintenance and upkeep of Landmark Drive. Applicants shall execute a special lot combination recognizing relationship of Outlet A with proposed Lot las they are to considered as one residential unit and sold as one. residential accessory structure shall be allowed to be built Outlet A. the be No on 3. Applicants shall execute special lot combination recognizing Lot 2 and Outlet Bas one unit. The agreement shall reflect Outlet B provides 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 and that Outlet B shall continue to provide riparian access to homestead portion of property on Lot 2. 4. Alternate septic systems shall be staked with snow fencing prior to any construction or land alterations on Lot 1. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted per preliminary survey. b) Dedication of "drainage and utility easements" over designated wetlands per original designation within the Burger Addition plat of 1977. c) Dedication of 66' of right-of-way for County Road 84 or Bayside Road. d) Dedication of drainage and utility easements 10' wide along all perimeter property lines and 5' on each side of internal property lines except omit at designated wetland area. Page 3 of 5 r, ' ,·, f • • I CITY of ORONO Oi GEl'-1 77Z:: il{i ,_,, ,_,. vv i ·! ,:,,:,;..-· 7 i. Di. Iii) RESOLUTION OF THE CITY COUNCl l-1..n:r·i·· .t...:.. '~/" ~,i..;,;~·~:.~; \ • .-1 l~L,.-1\ I l-"TV I J. • \.'\.' NO. 3 131 /t•E.'CEif·T -Tl-fRNt{ YUL! # rr f.i.·:i7£C:7ti f'·,··1/'11 r.,ri? TliC••·17 ,r,:_11..•UIV L.-VVJ. l'\VJ. 1\/l•,:_t..• 1·1r: i':i;; /C,7 Vt-'I Z:.."TI / 1-1 B. 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 applicants must provide certified copies of all recorded easements currently affecting the property~ Applicants should provide confirmation of that original flowage and conservation easement taken over designated wetland at the time of the 1977 plat are filed on the chain of title of the property. If this cannot be confirmed, applicants will be expected to file a new flowage and conservation easement. c) Execution of a bike easement taken over 10' drainage artd utility easement adjacent to County Road 84. Please contact John Gerhardson (473-7357) for a copy of the bike easement. C. FEES TO BE PAID: Total Due $375 .00* a) Final plat fee= $175.00 b) Legal review and filing fees= $200.00 c) *Park dedication fee -The Park Commission has reviewed the two lot subdivision and has determined that the property is not suitable for park use and wi 11 ask for a cash payment in lieu of land. The City Assessor will be asked to determine the value of the undeveloped land. The Park dedication fee shall be based on the value of 8% of the undeveloped land. Park fees must be paid at the time of the filing of the final plat. Park Commission did ask that applicant execute a bike easement over the 10' drainage and utility easement that abutts County Road 84. A copy of the easement will -be sent to applicants by .the Public Works Director. Applicants are hereby advised that preliminary subdivision approva 1 sha 11 expire in one year from the date of Council's approva 1 of the preliminary plat (June 8, 1993). Page 4 of 5 '',•,·- f ' ~ I ", ~ I l , l , ' ' ' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3131 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of June, 1992. Bar~~- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of June, 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. · LINDA S . VEE NOT A RY PUB LIC -MINN ESOTA HENNE PIN CO UN TY My commiss ion expi res 8-12-96 Notary Public My Commission Expires Page 5 of 5 •J \ STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION #3131 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 resolution of the City Council 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 8 _______ , 19 92 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 ___ 9_th ___ , day of June , 19~9=2 __ (SEAL)