HomeMy WebLinkAboutResolution 1407 �`� -- .a -
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d ��,� C�t� o�.ORONO
�•` RESOLUTION OF THE CITY COUNCIL � ..
�, NO. 1407
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� - � � A RESOLUTION GRANTING PRELIMINARY
• APPROVAL FOR THE PLAT OF
MERRILL H. GZBBS
WHEREAS, Merri.11 H. Gibbs on May 27, 1982, fi.led a formal
subdivision application with the City for approval of a two lot
residential. plat, of property legally described as:
Auditor ' s Subdivision 230, Lat 36, hereinafter
referred to as the property; and •
WHEREAS, after due published and mailed no.tice in accordance
with Minnesota Statutes 462.358 et. seq. and. the City of Orono Zoning
and Platting Codes, the Orono .Planning Commission held a publi:c hearing �
on June 21, 1982, at which� time . all persons ' d�siring to be. heard
concerning this application were given the opportunity to speak thereon;
and . �
WHEREAS, at their regular meeting held on August 9, 1982, the II
• Orono City Council considered �the . subdivision app].ication of Merrill H. '
Gibbs � noting the following findings of facts �
1) Lot 36 of Auditor' s Subdivision. 230 is. located within
the RR-1B zoning district requiring a minimum of' 2
acres of continguous dry bu.ild'able� land in each newly
created lot.• .
. 2) The property has . a total of �5. 2 acres of land, .06
acres of which is designated wetlands.
3) Each lot of the 2 lot subdi.vision contain approximately
7i acres of area.
4) There is sufficient dry buildable area to' satisfy all
standards of the RR-1B zoning district. 5eptic
testing for the newly created lot has beeiz waived '
finding adequate good soils to meet a].1 requirements
of the Orono. On-Sit�e Septic Code. �
5) All existing structures meet the required setback ;
distance from the newly created lot 1ine.
6) There is adequate frontage along the public roacl,
County Road 84, for both lots as follows: '
• � Required = 200 ' � '
Lot A = Approximately 320 ' � �
Lot B = Approximately 320 ' '
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d _ � Ci.t� o� ORONO
� ' RESOLUTION OF THE CITY COUNCIL .
� NO. 1407 �
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7) Merrill H. Gibbs has owned the property for
approximately 50 years.
8) The current subdivis�on review has once again -
raised the. issue of the 33 ' wide. public cartway
, ' that involves not only the Gibbs property but
Lots 1 (owned by Gibbs) , 2; 3, 4 and 5, B1ock 1
of the Farview plat.• .
9) Gibbs cnntends that during his. residency that he has
never encountered any. assertio.n of public access of
the cartway u�ntil the mid 1970 ' s when the City made
an attempt �to:�grade and clear. the access way.
. 10) It is the City ' s legal position that the access
has beer� and is presently dedicated. to the public
and the City. �
• 11) . The City �f iles ,contain numberous. written statements
from for,mer and. current residents claiming vehi,cular
. or pedestrian us.e of the cartway for the past 80 years.
12) The minu:tes of the public hearing he1.d by the Cit�
on June 3�, 1980, contain the oral statements of
many of these same persons. attesting to the many
uses . of the � cartway for over 80 years.
13) In consideration of the City 's obligation to protect
that public interest in� the� cartway. and also of the
earnest desire o.f Mr. Gsbbs, a lon.g time resident
of the: City, to expedi-te the review of this subdivision,
, to avoid litigation and provide for an amicable settlement
of the� disputed cartway, the City has agreed to relinqu°ish
,• its claim for a cartway_ovPr Lot 36 in egchange for a �
limited .access easement.
14) A site inspect�ion of the property held on July 16,
�1982, revealed that a� 12 ' wide easement would not
interfere with any of the existing improvements on
the Gibbs property.
15) A 12 ' wide corridor was. •deemed adequate by the Orono
staff fo� pedestrian access and possibl.e vehicular
• use during the winter months. •
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' �� RESOLUTION OF THE CITY COUNCIL
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� 16) The physical character of the access demands
limited .use based on the following:
a) The 1000 '+ length of the access:
b) The inabili.ty to provide parking. •
c) The �exten,sive wetlands at the lakeside
of the� access preventing const�uction
of a cul de sac.
� 17) In� Tliomas I�. Mayerle ' s letter of August 5, 1982,
attorney for Gibbs, r.eviews his client 's position
concerning :the cartway as follows:
a) Limit a.ccess .to pedestrian use. �
� b) If City re]:inquishes a11.� cl.aims to �any
• cartway or o.ther ac.cess over Lot .36 and Lot l,
Farview, then Gibbs would grant a pedestrian
• walkway easement. 6 ' on each side of common
boundary .line between Lo.t 36 and Lo:t 1 and then
over the west T2 '' of that part of Lot 36 which
lies southerly of the south boundary of Lot 1. •
c) Further, he asks that if the City establishes
public access over the Farview lots, not now
owned� by Mr. and Mrs. Gibbse,. . then the 12 ' wide
area of the easement be narro.wed by the width
of. the access so acqui.red up �to a maximum of
6 feet.
d) Assurance �that Lot 1 would remain �a buildable
lot after granti.ng of the easement.
e) Gibbs is not wiiling to deed an Outlot to the
City.
18) At their Auqust 9, 1982, meeting Co.uncil responded
to the Gibbs position as follows:
a) Council although fully aware of the history
of the 'types of use made of the cartway would
consider limiting the use. to pedestrian use
year round but from. December lst� th�ough
� March 1st open the access :to vehicular traffic.
The City maintenance vehicles must be allowed
year round use as the City would assume responsibility
for the maintenance of the access and the gate.
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�� ��� City o� ORONO
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" '`'"��'�.�>� RESOLUTION OF THE CITY COUNCIL
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� b) �In. the current subdivision application, the City
is .considering. �only Lot 36 ' s involvement with
the cartway. The City ha�s deemed 12 ' an adequate
width for Lot 36. At the time, the City resolves
.the'�public access over �the involved Farview lots, �
, it will not result in the narrowing of the 12 '
along the east lot line of Lot 36.
• c) At the time of final plat approval when both the
Gib.las and the City execute a.formal agreement, the.
City will relinquish all claims ta �any cartway
or other access over Lot 36, Auditor' s Subdivision
No. 230 . " -
. � d) At the time of final plat approval, • the City,would
formally recognize Lot 7., Farview as, a buildable
• lot after the granting to the City by Mr. and Mr�.
Gibbs of a future easement, if any, across Lot 1, Farview.
e) The City will require that the 1.2 ' wid� access be
defined for the purpose o£ easy i.dentification and
location as. an outlot to remain in joint ownership
with Lot B and that an easement be deeded to the City
over said Outlot for limited. use� o.f the public as
noted. above in .item 18 a) :
• NOW, THEREFORE BE IT i�ESOLVED that based upon either one or
more of the findings noted above the City Council. of the City of Orono
hereby approves the preliminary 2 lot plat of Me�ril.l H. Gibbs subject
� to the applicant completing all the requirements listed below by
August 23, 1983, or this, prelminary approval is void.
The. following list of final submittal.s must be submitted
within,:the first week of the month to. assu�e �equired action by the
Planning Commission at their regularly scheduled meeting on the third
Monday of the month. .
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d C�ty o� ORONO
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� RESOLUTION OF THE CITY COUNCIL .
� NO. 1407
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1) Record Plat drawings in the form of (2) . mylar
copies. and one (1) • copy reduce to 1" = 200 ' .
Drawing to include:
a) lot lines platted per preliminary survey `
dated May 26, 1982.
. b) Shoreline of Lake Minnetonka.
c) Dediaation of right of way for County Road 84.
d) Dedication of "drainage and utility easements"
� �10 ' wide along all perimeter prope�ty lines
and 5 ' each side of internal property lines,
except omit at lakeshore. �
e) Designation_of the wetlands as dr.ainacte easements
� per stakes placed by Michael. Gaffron, representing
the City �of Orono. "Wetlands" should also be
designated within the drainage easement on the mylar.
• f) Crea.tion , of a 12 ' wide Outlot along the east
boundary line of �Lot 36, Auditor ' s Subdivision No.
230 .
g) Naming of. plat.
2) Legal D�ocuments 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 s.uch interest.
� b) The applicant must 'provide certified copies �of �
all recorded eas.ements � currently affecting the
property. .
c) Signed and executed "Flowage and Conservation
Easement" over the "drainage. easements or shown
on the plat of (plat name) ' " . A copy of
which has been �sent to the Gibbs attorney for
his review. �
• d) Applicant to prepare and submit a deed of
easement, over the 12 ' wide outlot granting to
the City �limited use by the public of the
Outlot as follows :
• � 1) Pedestrian and City maintenance vehicles
use all year round.
2) December lst through March lst vehicular
use.
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d _ C�t� o� ORONO .
°` RESOLUTION OF THE CITY COUNCIL . �
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� NO. 1407 �
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_ e) The 1ega1 documents required in paragraph
c and d above shall be in a form acceptable •
to the City Attorney and the City Council -
prior to final plat approval.
3) Fees to b� paidc Total� Due $200.00� �
a) Park Dedication fees per curr.ent .schedule:
- ]. newly created lot af 5+ acres @ $100.00
b) Legal review and filing• fee �@ $100.00
c) AdditionaT Administrative a�d 1.ega1. fees
not covered� by o.riginal subdivision application
� fee will be determined� at final submission
and payment made. at .that time. if necessary.
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Adopted by the City Council this 23rd day of August
• 1982. � �
L I%'�
�William B. Van Nest, May r .
ATTEST: ,
C/�_���C_�-!�'��� -/'{1 ��fJ_�L�
Alberta M. Strom, City Clerk "
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