HomeMy WebLinkAbout#1475 Preliminary Plat Resolution 2762City of ORONO
RESOLUT IO N OF T H E CITY CO UN CI L
NO. 2762
A RESOLUTION GRANTING
PRELIMINARY APPROVAL FOR A
PLAT AT 4045-4135 BAYSIDE ROAD
FILE NO. 1475
WHEREAS, John McDowell on October 27, 1989 filed a
formal subdivision application with the City for approval of a
lot line rearrangement and two-lot residential plat of property
owned by John McDowell and Charles N. Hayssen, legally described
as fol lows:
Tracts A and B, Registered Lana survey No. 748, Hennepin
County, Minnesota; and Tract D, Registered Lana Survey No.
540, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, after due published and mailed notice in
accordance with Minnesota statues 462.358 et. seq. and the City
of Orono Zoning and Platting Codes, the Orono Planning Commission
held a public hearing on November 20, 1989 and January 16, 1990,
at which times alr persons desiring to be heard concerning this
application were given the opportunity to speak thereon; and
WHEREAS, at their regular meeting held on February 26,
1990 the Orono City Council considered the subdivision
application of John McDowell and Charles N. Hayssen, noting the
following findings of fact:
1. The property is located within the LR-lA Single Family
Lakeshore Residential zoning District requiring a minimum of
2 acres of contiguous dry buildable land within each newly
created or revised lot.
2. The property contains a total of approximately 15.5
acres, all of which is considered as dry buildable land.
3. The proposed plat consists of a lot line rearrangement
between the two homestead parcels within the property, and
further includes a lot split of an existing 6 .6 acre parcel
to create two bui 1 ding sites each in excess of three acres
of dry buildable land. Each rearranged lot and each newly
created lot exceeds the 2.0 minimum lot area requirement.
4. Proposed Lot 3 requires a variance by virtue of it being
a newly created lot without frontage on a public roadway.
Page 1 of 4
CITY
OF
:ORONO
City of ORONO
RESOLUT ION OF T H E CITY CO UN CIL
NO. 2 762
"""';' -~'-,.; F
Ii:'.~~ = 1;:;1-: oposec Lots 2 ana 3 are proposed to access to Bayside
Road via an easement shared driveway over the neighboring
abutting property between Lots 2 and 3 and Bayside Road.
Lot 3 technically requires a variance to the 200' lot width
standard since it does not abut an outlot that provides it
direct access to a public road. However, each of newly
created Lots 2 and 3 meet the required 200' width at the
building site. Both Lots 2 and 3 exceed 200' in both width
and depth dimensions.
6. The private access easement intended to serve Lots 2 and
3 shall be constructec as a private driveway, and will not
be subject to a City road and utility easement.
7. A 25' wide driveway outlot for private driveway purposes
is intended to be platted along the north boundary of
proposed Lot 3, to serve Lot 2. This outlot shall remain in
the same ownership as Lot 2, and is intended to provide
legal access to the westerly existing private easement road
should access for Lot 2 become available to that roadway in
the future.
8. It is intended that at such time that Lots 2 and 3 gain
legal access to Bayside Road via the existing private road
across the neighboring White property, at that ti rn e Lots 2
and 3 shall be required to access to such private road, and
all direct access or easement driveway access to Bayside
Road at that time be eliminated.
9. No additional right-of-way is to be dedicated for County
Road 84.
10. The two newly created building lots and the two
existing homestead lots being rearranged, all have been
demonstrated to contain suitable sites for primary and
alternate drainfielcs to serve the existing or proposed
single family residences.
11. Single family residences can be constructed on each of
the new Lots 2 and 3 without the need for further variances.
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 for John McDowell and
Charles N. Hayssen at 4045-4135 Bayside Road per the survey
attached as Exhibit A hereto by Sathre Bergquist Inc., subject to
the following conditions:
Page 2 of 4
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City of ORONQ-,
RESOLUT I ON OF THE C I TY COUNC IL ,'.:·_.:
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N O. 2762
location of the proposed private driveway access to
serve Lots 2 and 3 shall be as shown on Exhibit B attached.
Lots 2 and 3 shall derive their principal access via such
driveway easeme~t. Prior to filing of the subdivision,
applicants shall satisfy the City Attorney that such legal
access has been appropriately granted and filed with
Hennepin County.
2. At such time that an alternative access becomes legally
available to Lots 2 and 3 via the existing private road
abutting the westerly boundary of the property, Lots 2 and 3
shall be required to access to such private road, and all
direct access or easement driveway access to Bayside Road
shall at that time be eliminated.
3. A variance will be granted to the 200 1 lot width
standard for Lot 3, and likewise a variance will be granted
to Lot 3 for lack of frontage on a public roadway.
4. Lots 1 and 4 will continue to use and maintain their
private driveway accesses as currently exist.
5. The private road outlot along the westerly boundary of
the property shall be omitted from the plat drawings, as
shall language dedicating that outlot for road purposes.
6. Outlot A shall remain in the same ownership as Lot 2 and
shall serve as future private driveway access to the
existing private easement road located just west of the
property.
7. Standard drainage and utility easements to be shown on
the plat along lot lines.
8. Payment of standard Park Fees of $200.00 each for Lots 2
and 3.
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 1 • Drawing to include:
Page 3 of 4
,,, ..-•.• L
City of ORONO
RESOLUT I ON OF T H E C I TY COU N C I L
N O. __ 2_7_6_2 ___ _
Lot lines platted per preliminary survey by Sathre
Bergquist Inc. attached as Exhibit A hereto as revised
per the conditions herein.
b) Dedication of ndrainage and utility easements" 10'
wide along all perimeter property lines and 5' each
side of internal property lines.
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. Title opinions
shall be required of both Hayssen and McDowell for
their various property interests in the plat.
b) The applicant must provide certified copies of all ·
recorded easements currently affecting the property.
c) Signed and executed easement document for the
Bayside Road access driveway over the White property.
C. FEES TO BE PAID: Total Due $625.00
a) Park dedication fee per current schedule:
2 new residential lots@ 2 acre density=
Total= $400.00
b) Final plat fee= $150.00
c) Legal review ana filing fees of $75.00
Adopted by the City Council of the
Minnesota at a regular meeting held this 26th of
E
Page 4 of 4
$200/lot
# rr
"-NW c.oe. Tt2AC.T A/
R,L'=>-No. 74e,
---»~
---2oA-.93 --, ,> No.
N. LINE.. OF= T~(.T A 1
g..L.S. NO. 146.
BAYSIDE RIDGE
DRIVEWAY EASEMENT
~.
A 30. 00 foot driveway easement over and across . that part of the west
Half of the Northeast · Quarter of the Northeast Quarter of Section 6,
Township 117, Range 23, lying southerly of County Road North #84, said
easement being 15. 00 feet on each side of the following described
centerline:
Coimllencing at the northwest corner of Tract A, REGISTERED LAND SURVEY
NO. 7 48, files of the Registrar of Titles; thence on an assumed bearing
of North 89 degrees 40 minutes 54 seconds East, along the · north lirie of
said Tract A, 256.82 feet to the point of beginning of the line to be
described; thence northerly to a point on the southerly right-of-way
line of said County Road No. 84 distant 220.00 feet northwesterly of the
intersection of said right-of-way line with the north line of said Tract
A and said line there terminating.
January 10, 1990.
EX/-1, .B
SCALE ~l's sv,,
,+<,;;. "'e"" I 1•~100 Prepared for: " 0 $ t 5 A T H R E -B E R G Q U I 5 T, I N C.
106 SOUTH BROADWAY• WAYZATA, MN 55391
TELEPHONE 612·476·6000
BOOK 'PAGE
FILE NO.
-554-\-<o JOHN MCDOWELL
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
-----------------
RESOLUTION #2 762
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify th.at I have compared the
for ego ing 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 sa.id City Council held
on February 26 , 1990 , 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 set my hand and seal this
14th day of March 19 90 ----
Dorothy M. Hallin, City Clerk
(SEAL)