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Home My WebLink AboutResolution 4377 � , ' ;�., y� , / . � O� � O O �, - CITY of ORONO � � �,� G'ti� RESOLUTION OF THE CITY COUNCIL �9kESH�4�' NO. 4 � � � A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 1365 TONKAWA ROAD � -FILE NO. 2535 WI�REAS,James Render,Render Development,Inc. (hereinafter the"subdivider") on September 22, 1999, filed a formal subdivision application with the City for approval of a three lot residential plat of property legally described as: Lots 1, 2 & 3, Block 1, Tonkawa Shores and Lot 16, Lydiards 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`s Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on October 18, 1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and ' WHEREAS, at their regular meetings held on November 8, 1999, the Orono City Council considered the subdivision application of the subdivider noting the following findinas of fact: 1. Resolution No. 4091 approved the plat of Tonkawa Shores on June 8, 1998 for a three lot subdivision to be served by a private road. James Render has proposed to replat the property to include Lot 16, Lydiards Park. One lot would be eliminated reducing four lots to three lots. The size of proposed Lots 1, 2 and 3, Tonkawa Shores 2nd Addition will increase in size. Existing Lot 1, Tonkawa Shores (1355 Tonkawa Road) 0.55 acre � Lot 2, Tonkawa Shores (1335 Tonkawa Road) 0.56 acre Lot 3, Tonkawa Shores (1315 Tonkawa Road) 0.64 acre � 3430 North Shore Drive 0.63 acre Outlot A, Tonkawa Shores (Private Road) 0.16 acre ` Page 1 of 7 l.. � � �� O� � O O �b - CITY of ORONO � � �� G'ti� . RESOLUTION OF THE CITY COUNCIL ��kESH04�' NO. � �� `��` rd� . Proposed Lot 1, Tonkawa Shores 2nd Addn. (1355) 0.89 acre Lot 2, Tonkawa Shores 2nd Addn. (1335) 0.81 acre Lot 3, Tonkawa Shores 2nd Addn. (1315) 0.67 acre Outlot A, Tonkawa Shores 2nd Add. (Pvt. Road) 0.16 acre 2. The property is located within the LR=1C Single Family Lakeshore Residential Zoning District requiring a minimum of one-half acre of contiguous dry buildable land within each newly created lot. 3. The property contains a total of approximately 2.53 acres of land. There aze no wetlands located on the property. Except for a portion of the road ditch along Tonkawa Road, the property is above the floodplain elevation of 931.5', and homes can be developed without the need for filling or encroachment of the floodplain. • 4. The proposed plat consists of three residential lots each meetinQ the minimum lot standard requirements of the LR-1C, Single Family Lakeshore Residential Zoning District, each meeting the minimum 1/2 acre lot area requirement and � each having 100' in defined width at the shoreline of Lake Minnetonka and at the 75' lakeshore setback line. 5. All three lots are served with municipal sewer and have been fully assessed for sewer. All three lots will be served by private wells. . 6. Lot 3 has a residence under construction. The residence meets yards requirements for setbacks, structural coverage and hardcover. tio variances are required. 7. All three Lots shall be served by a private road designated on the plat as Outlot A. Said private road Outlot shall be 25' in width, realizing a total 33' functional width when used in combination with an adjacent 8' City road easement on the adjacent property to the south. Said road shall be constructed to a 20' paved width, with a turnaround for emergency vehicle access. These dimensions were granted variances to City road width and cul-de-sac standards. The basis for such variance is the negative visual and tr�c impact on neighboring properties S Page 2 of 7 r , . k /� � O� • , • O O e - . C ITY of ORONO � � �� G'� . RESOLUTION OF THE CITY COUNCIL �9kESiI�4�' NO. � � "�� that would occur if such private road was constructed to City standards at this location near the Maxwell Bay lake access. Said Outlot shall be subject to an underlying road, drainage and utility easement to be granted to the City for possible future use, except that the westerly 5 feet of said Outlot shall not be subject to said easement. 8. The Declaration of Covenants for maintenance of the private road shall be . amended to include the portion of proposed Lot 1 not included under the existing Declaration. � 9. The City had no intent to continue said private road westward to Birch Lane at the time of the plat of Tonkawa Shores in 1998. The intent of stopping the underlying road easement 5 feet short of the west boundary as noted above is to limit the likelihood that a future Council will make the future through road connection to Birch Lane. � 10. Lots 1 and 2 were required to ga.in access to the private road via a shared driveway in order to minimize hardcover on those lots. The lots would now increase in size and eliminate the likelihood of a shared driveway. 11. A buffer was developed within Lot 3 for the purposes of a drainage easement granted to the City. The Declaration of Covenants shall be amended to include the west portion of proposed Lot 1 in the Maintenance Agreements for said buffer. 12. Thomas D. Johnson, Transportation Planning Engineer for the Hennepin County Department of Transportation, in his letter of February 12, 1998, approved the proposed curb cut location to Tonkawa Road (County Road 135). 13. The Orono Park Commission has recommended that no additional right-of-way or trail easements are required from this developer since any future trail needs can be accommodated within the existing right of way. 14. The City intends that no hardcover variances will be granted for development of �� homes on Lots 1, 2 and 3. • Page 3 of 7 � /� �� • � � •e - CITY of ORONO ,�� '" � � G'�� . RESOLUTION OF THE CITY COUNCIL �9kESH�4�' NO. � �� °� . 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 James Render, Render Development, Inc. at 1315, 1335 and . 1355 Tonkawa Road and 3430 North Shore Drive per preliminary plat drawings by M�rk S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc, dated Mazch 18, 1998, (attached Exhibit A) subject to the following conditions: 1. Proposed Road on said preliminary plat dra«-in� shall be platted as a private road outlot to be designated as Outlot A. 2. A variance will be granted for the 25' width of Outlot A and for the 20' paved width of the private road which do not meet the �0' outlot width and 24' paved road width or 80' paved cul-de-sac standards for a private road serving 3 or more residences. ' • 3. All Lots shall access to the private road in Outlot A. No access to Tonkawa Road shall be allowed for any Lot. 4. The Coventants and Dedications shall be amended to include the portion of Lot � 1 not subject to the underlying agreements. I 5. The private road shall be allowed to access directly to County Road 84 subject to conditions for such�access as imposed by the Hennepin County Department of Public Works in their required access permit. 6. No additional building permits will be issued until the private road base work has been completed and been approved by the City.� 7. Subdivider to designate drainage easements o��er all drainageways. 8. Subdivider is hereby advised that the City will not grant final plat approval until such time the MCWD has approved all gradina and �drainage improvements on the property. , 9. Standard drainage and utility easements shall be �anted �' along interior property lines and 10' along the perimeter and underlyina draina�e and utility easements shall be vacated. � Page 4 of 7 I � . �. • , � '� 0,�. • � � �b - CITY of ORONO � � ' ,� G'�� RESOLUT�ON OF THIE CITY COUNCIL �9kESI��4�' NO. � �'�l � -� 10. Subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of Council approval, November 8, 1999. 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 regularly 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 sur�ey by Mark S. Gronberg of Coffin & Gronberg, Inc. dated Mazch 18, 1998. � b. Private road to be designated on the plat as Outlot A. c. Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot lines. d. Amended easement and dedication documents to include that portion of Lot 1 not part of the plat of Tonka«�a Shores. 2. 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. 'I b. The applicant must provide certified copies'I of all recorded easements � currently affecting the property. c. Signed and executed Drainage Easements to be taken over drainageway • and detention areas within plat. ' ; Page 5 of 7 ' , . . �, , � � �� • � � , ��, - CITY of ORONO � ti I' � G'� � RESOLUTION OF THE CITY COUNCIL �9k'ESI304�' � NO. � � �� `��' d. Signed and executed Road, Drainage and Utilities Easement over Outlot A except the westerly 5 feet thereof. I . Si ned and executed "Declaration of Private Road Easement and e g Declaration of Maintenance for Same". ', f. Completed "Application for Private Road Name". 3. Fees to be paid: Total due: $400.00* a. Final plat fee = $200.00 ' . b. Legal review and filing fees for subdivision and associated documents = $200.00 ' • Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of November, 1999. • ATTEST: I G�2� i��/,�2� I Linda S. Vee, City Clerk Gabriel abbour, Mayor , STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day �of November, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument ias executed on behalf of the City. .� ° y � �`� � c :�; I CAROLE A.HAS�MAN � ATi J� ��8��-^� - °i ,�g��,4��;l� � NOTkRYPUBLIGNIF+PJESOTA • Notary Public '.� °:�c;�5f• NENNFPIN COUNTY -^��• My Cor�mission Expires Jan.31,2000 � ,� C.^%��,��.��_�'..�?�"�"'::c r..�.:.:C:��Y Page 6 of 7 1 , . � ,• . . ,� ,� � � ��b�tA � � 7 `7 -� _ i , � . � . 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