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Home My WebLink AboutResolution 4125 �,_ , yr".,.�.c � O� . . O O , ��b. - CITY of ORONO � ti _ . '�' RE30LUTION OF THE CITY COUNCIL G 41 � � .� .. ��kESH�4� � � . . . . NO. � . . . A RESOLUTION APPROVING THE PLAT OF MAXWELL LANDING FILE NO.2340 � WHEREAS,the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and . WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and � WI�REAS,the City Council has considered the application for a subdivision of a three lot plat by Robert and Iris Waade(hereinafter "the subdivider"); and WHEREAS,the subdivision has been found to meet all standards of the LR-1C-1, ' • Lakeshore Residential Zoning District finding that Lot 1 is of a size and configuration that would . allow its use for a single family residence and Lot 2 is of a size and configuration that would allow its use for a duplex to be fully developed without the need of any variances other than those granted� herein; and � ` WHEREAS,the subdivider has agreed to complete all requirements of the platting � regulations of the City, including: • � 1. Completion of all the re.quirements of Resolution No. 4092,the resolution granting preliminary approval"�of the subdivision. 2. Dedication on the plat of drainage and utility easements. . 3. Creation of a private road shown on the plat as Outlot A. 4. Concurrent with the creation of this private road in Outlot A, dedication to the City of road and utility easements granting to the City permanent access, improvement and utility easements over said Outlot; and the creation of non-exclusive ingress, egress, drainage and utility easements over said Outlot in favor of a11 abutting lots within the plat including a declaration of covenants, conditions, restrictions and private roadway easement wherein any lot shall be sold,transferred and conveyed • Page 1 of 5 . � - � . � � O� • O O ,b. - CITY of ORONO � � � � '� RESOLUTION OF THE CITY COUNCIL ��kE H�4�G � � � . NO. d �6 � � � . . � S . . together with an undivided one-half interest in Outlot A whereby benefitting lot owners covenant and agree to permanently maintain and pay cost of maintenance for said private road. 5. Dedication to the City of drainage easements over all detention areas,wetlands, and drainageways within the plat providing for limitations on the use of these azeas and shown on the plat as drainage easements. , 6. Execution of a Developer's Agreement providing for the installation of improvements � required as a condition of subdivision approval,and posting of security to ensure that these required improvements are completed to the City's satisfaction, subject to approval of the City Engineer. � 7. Provided evidence of Minnehaha Creek Watershed District approval. � 8. Payment to the City of a park dedication fee for Lots 1 and 2 in the amount of $14,700. 9. Payment to the City for the fmal plat review fee and fee for legal review and filing of the plat, easements and covenants in the amount of$400.00. NOW, THEREFORE, BE IT RESOLVED,that the City Council.of the City of Orono hereby approves the plat of Maxwell Landing,Hennepin County,Minnesota,subj ect to the following conditions: � 1. Variances are hereby granted for the 40' width of Outlot A which does not meet . the 50'required road outlot width; for the 20'width of Outlot B which does not meet � the required 30'driveway outlot width;for the 0'driveway setback in Outlot B which does not meet the required 10' setback; for the creation of a flag lot which is prohibited by code; and to allow 3 dwelling units to gain access via driveway Outlot � B where only 2 dwelling units are normally allowed such access;per the findings of � Resolution No. 4092. • � Page 2 of 5 , � °� � ` � �� __r � o 0 ��b. - C ITY of ORONO � ' ti � '�' RESOLUTION OF THE CITY COUNCIL � . ��kE H�4�G � . . � ` �NO.� �� 1 � �n ' . . � . . . . S � 2. A conditional use permit is hereby granted for the berm including grading within 5' of lot lines, subject to City Engineer review and approval of final grading plans. 3. Lots 1 and 2 shall access to the private road in Outlot A. No direct access to North Shore Drive shall be allowed for any Lot. All dwelling units on Lots 1 and 2 may access Outlot A via Outlot B. 4.. The private road in Outlot A shall be allowed to access directly to County Road 51 subject to conditions for such access as imposed by the Hennepin County Department of Public Works in their required access permit. 5. The private road in Outlot A and the stormwater pond located in Lot 1, plus all required drainage improvements and site grading per the preliminary plat drawings and preliminazy grading and drainage plan sha11 be constructed by the developer subject to a Developers Agreement to be executed between the City and the � � developer. Private road and stormwater pond construction can begin as soon as the . � � final engineering plans for the road and pond have been approved by the City and the Developers Agreement has been executed. No grading within the 0-75' lakeshore setback zone will be allowed except as needed to accommodate the drainage plan. � Erosion control shall be maintained over all disturbed azeas until natural groundcover is restared. 6. No building permits for Lots 1 or 2 will be issued until a satisfactory road base and all dra.inage improvements have been installed per approval of the City Engineer. 7. The private road and private driveway and respective outlots shall be privately owned and maintained per the appropriate access easementlmaintenance documents . � to be executed by the developer,includi.ng easements in favor of the off-site users of �� said road. T'he developer shall create a homeowners association or other appropriate . vehicle for such ownership,and maintenance. Subdivider sha11 grant drainage easements over the stormwater pond to benefit the Lot Owners and the City,and shall provide for maintenance thereof by the Lot Owners. . 8. The developer shall grant to the City an underlying Road, Drainage and Utilities Easement over Outlot A. � • - Page 3 of 5 . . .. • • � O� • O O . ��e. - CITY of ORONO � ' ti � '�' RESOLUTION OF THE CITY COUNCIL � C> . . . �., �`qkESH�4� . . . . . .� NO. :. . 4 �. � � . . ._; : � . . . Applicant shall grant to the City a11 necessary easements to accommodate existing sewer lines within the property. � 10. Prior to City release of the plat for filing, applicant shall provide evidence of fee ownership of the property in a form acceptable to the City Attorney, shall provide certified copies of all existing easements affecting the properry, and shall meet any � other title requirements as may be required by the City Attorney. 11. Applicant shall provide all documents noted in this resolution in a format � acceptable to the City Attomey prior to release of the plat for filing. 12. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before January 27, 1999 together with a certified original copy of this resolution and executed copies of the easements,deeds and covenants noted above. • . � The approval granted by this resolution shall expire if the plat has not beeri filed by the date � specified above. In that event,it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 27th day of July, 1998. ATTEST: �E.1 - �� , . _ Linda S. Vee, City Clerk Gabrie abbour,Mayor • Page 4 of 5 ,� ; ^� . . � O� ' • O O . ��b. - C ITY of ORONO � F '�' RESOLUTION OF THE CITY COUNCIL � ��`9k'E Hpg'�G �. � � N O. � � � � .'� . S - . . STATE OF NffNNESOTA ) ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 27th day of July, 1998 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. , �..,,•: � � ��-,:� _.^, ��A:b��MAN ? ,�,�Y; ��fi�w�t��aiNN�o�► � r. ,:��r; ��H�Nr� ;�'�� i§�i�n b�tres,�n,st,200o Notary Public ,h.». ' � . - � � . . � � Page 5 of 5