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Home My WebLink AboutResolution 4561 T /-• � O� � O O ��e. - CITY of URONO � � �� G'� RESOLUTION OF THE CITY COUNCiL . ��SI��g'� NO. �. �� '' _ A RESOLUTION GRANTING PRELIMINARY APPItOVAY.,FOR A TWO LOT SUBDIVISION OF PROPERTY LOCATED AT 2240 FOX STREET PID 03-117-23-32-0009 FILE NO.2594 . WHEREAS,James R.Johnson,(hereinafter"the subdivider")on May 17,2000,filed an application with the City of Orono (hereinafter "the City") requesting subdivision of property located at 2240 Fox Street within the City of Orono and legally described as follows: Lot 4,Block l,BILL KELLEY'S LAND,Hennepin County,Minnesota(h�reinafter "the property"); and • WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public heazing on June 19,2000,at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. WHEREAS, at their regular meeting held on November 13, 2000 the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: • FINDINGS 1. The property is located within the RR-1B Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of 8.1 acres of land. 3. Lots 1 and 2 each meet the minimum size requirements for lots in the RR-1 B zoning district. Lot 1 meets the 3-acre minimum area requirement�or a back lot per zoning code Section 11.31 Subd. 5. � Page 1 of 5 � �:- ��-- � O ' V � O O �6. - CITY of ORONO � ' ti �� '� RESOLUTION OF THE CITY COUNCIL ��kESH�4�' NO. � � s � �_ . 4. Both lots have been found to have adequate and suitable soils and approved sites for on-site septic treatment facilities. � 5. Driveway access for Lot 1 is via Outlot A with an opening from Fox Street. Lot 2 . has a separate opening from Fox Street. 6. The driveway serving Lot 1 will cross a designated wetland. Applicant has gained the necessary agency approvals for such crossing. The City Council finds that the wetland fill to create a driveway is necessary to preserve a property right of the applicant, and that the crossing will have minimal impact on the wetland and floodplain when properly constructed and mitigated as proposed. 7. The existing Flowage and Conservation Easements over wetlands in Lots 1 and 2 should be revised to reflect the recent wetland delineations and intended mitigation but should continue to exclude the driveway corridor. � 8. A single family residence can be constructed on Lot 1 without the need for further variances. The existing residence on Lot 2 meets all required setbacks of the RR-1 B district. ' NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the fmdings noted above,the City Council of the City of Orono hereby approves the preliminary plat for James R. Johnson per preliminary plat drawings by Mark Gronberg, Land Surveyor, Coffin & Gronberg, Inc., Land Surveyors dated 5/16/00, revised 10-18-2000, subject to the following conditions: ' 1. Subdivider shall pay the standard Park Dedication Fee per City ordinance for one additional building lot. 2. Dedication of drainage and utility easements 5'along interior lines and 10'along the perimeter boundaries. 3. Prior to residential�construction on Lot 1, all preliminary and alternate septic sites must be fenced off prior to any construction activities. • Page 2 of 5 � ♦ �' //-� � O� • O O �b - CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL �L�kE H�4�� NO. 4 ��a �� S _. 4. The City will grant the necessary variance and CUP for the wetland crossing for the driveway to serve Lot 1, subject to mitigation of wetland fill on site and buffer preservation per the MCWD's permit requirements in the letter from MCWD to applicant dated October 27, 2000. 5. The existing Flowage and Conservation Easements over wetlands in Lots 1 and 2 shall be revised to reflect the recent wetland delineations and intended mitigation but shall continue to exclude the driveway corridor. � 6. Outlot A is intended merely as a corridor for driveway serving Lot 1 and shall contain no primary or accessory structures. 7. Subdivider is hereby advised that preliminary subdivision approval will expire one . year from the date of Council preliminary plat approval. Should the subdivider fail • to complete the filing of the final plat application within the year deadline,it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. Final Plat Submittals: The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regulazly scheduled Council meeting on the second and fourth Mondays of the 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 preliminary survey by Coffin & Gronberg, Inc. dated September 29, 2000, on file with the City of Orono. B. Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot lines, per the attached drawing. �. Page 3 of 5 ' - -� / O 7 � • • O O ��b. - CITY of ORONO � � . �� G'� RESOLUTION OF THE CITY COUNCIL ��SH.p4� NO. � �`� V C. Revised wetland boundaries as noted above,shown as drainage easements or wetlands on the plat. � D. Naming of plat. 2. Legal documents required: a. Title opinion addressed to the City. All owners,mortgage holders or others with properry 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. c. Revised and executed Conservation and Flowage Easement reflecting legal � description changes as noted above. 3. Fees to be paid. a. Fina1 plat fee=$200.00 b. Legal review and filing fees for subdivision and associated documents= $200.00 � c. *Pazk Dedication Fee: amount shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor's report has been filed with City. Park dedication fee shall be based on 8% of the fair market value of the land. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of November, 2000. ATTEST: • � �/,� �... � Linda S. Vee, City Clerk Gab 1 Jabbour, May Page 4 of 5 . . . _. ��—� /� �� s o 0 ��6. - . CITY of ORONO � � �`� G'� RESOLUTION OF THE CITY COUNCIL ��kEs�i�4� NO. _ � � � � �' STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of November,2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �� Notary Publ � MARY ANN JOHNSON • NOTARY PU81fC-MINNESOTA My Cannissior►Expkes Jan.31,2005 • Page 5 of 5