HomeMy WebLinkAboutResolution 4092 �� _(y
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��b. - CITY of ORONU
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�� �'� . RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GItANTING PRELIMINARY ,
APPROVAL OF A CLASS III SUBDIVISION
FOR PROPERTY Y.,OCATED AT
3280/3290 NOI�TH SHORE DRIVE
-FILE NO.2340 .
WHEREAS,Robert and Iris Waade (hereinafter the "subdividers") on January 23,
. 1998,filed a formal subdivision application with the City for approval of a two lot residential plat
of property legally described as:
EXHIBIT A (Attached)
(hereinafter "the property"); and
. WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 462358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono
Planning Commission held a public hearing on February 17, 1998 (continued to March 16,
1998, and concluded on May 18,' 1998) at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon; and
WHEREAS, at their regular meeting held on May 26, 1998 the Orono City
Council considered the subdivision application of the subdivider and voted 3-1 to grant
conceptual approval and direct staff to draft a preliminary plat approval resolution noting the
following findings of fact:
1. The properry is located within the LR 1C-1 Single Family Lakeshore Residential
Zoning District requiring a minimum of� one-half acre of contig�ous dry
� � buildable land within each newly created lot. . : ��
2. The property contains a total of approximately 1.503 acres of land. There are no
wetlands located on the property.
3. The proposed plat consists of two residential lots each meeting the minimum lot
area and width requirements . of the LR-1C-1, Single Family Lakeshore
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required 150% (0.75 acre) lot area requirement of Section 11.31 Subd. SC. The
'extra 50% area' requirement of said Subd. SC is partially met by crediting the
area of the proposed stormwater pond in Lot 1. Lot 1 also meets the required
100' LR-1C-1 minimum lot width standard as measured at the shoreline and at
the 75' lakeshore setback. Lot 2 is proposed for use as a duplex lot and meets
the minimum 0.50 acre lot area requirement and 135' defined width as measured
at the 30' front setback line.
4. Lot 2 is considered as a corner lot and the east lot line of lot 2 abutting Outlot
A shall be considered as its front lot line for zoning purposes.
5. Outlot A is a proposed private road corridor which will serve this proposed 3-
unit development and an additional 3-4 existing residential units to the east.
Outlot A requires a variance due to its 40' width where a 50' private road
corridor is normally required. The variance is justified by the limited lot area
. � � � available and the long, narrow configuration of the site coupled with the need '
to provide access to a limited number of additional residences outside the
property.
6. Outlot B is a proposed access corridor to serve the back lot (Lot 1). Outlot B
requires the following variances:
a. Outlot width (30' required, 20' proposed)
b. Driveway setback to west lot line (0' proposed, 10' required)
� c. Lack of extension to south line of Lot 1, creating a 'flag lot' (flag
lots are not allowed)
� d. Only 2 residences allowed to access from driveway outlot, 3
proposed
The above variances are justified by the narrow width of the property, the
limited � lot area, and fihe need to provide for minimum required area within each
building lot. The unique location and orientation of this site makes these
variances appropriate in this case where they likely would not be appropriate in
other cases. The variance to allow 3 dwelling units to be served from Outlot B
allows a shared driveway to serve both duplex units resulting in minimization
of hardcover.
7. Both lots are served with municipal sewer and have been fully assessed for
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sewer to accommodate the 3 dwelling units proposed. All 3 units will be served
by private wells.
8. Both Lots shall be served by a private road designated on the plat as Outlot A.
Said private road Outlot shall be 40' in width, and shall connect at the northerly
end of Outlot A to the existing private driveway serving 3 additional e�sting
dwelling units to the east of the properiy. Said private road shall be constructed
to a 24' paved width within Outlot A. No cul-de-sac will be required since the
private driveway serving the adjacent properties has a loop which will serve as
an emergency vehicle turnaround. These dimensions require the granting of a
variance to City road width and cul-de-sac standards. The basis for such
variance is the limited number of properties which will ultimately be served,
the limited area available for access roads, and the configuration of the property
in relation to adjacent existing properties.which will ultimately benefit from this
private road. Said Outlot shall be subject to an underlying road, drainage and
� utility easement to be granted to the City. However, the private road shall be
privately owned and maintained.
9. A stormwater pond will be developed within Lot 1 and a drainage easement
will be granted to the City over said pond and the necessary drainageways
serving it. The City Engineer has reviewed the preliminary site grading and
drainage plan and finds it acceptable subject to minor revisions. �
10. 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 North Shore Drive (County Road 51) subject to
dedication of additional right-of-way (shown as Outlot C on the preliminary plat
drawings) and regrading of the roadway banks in this location. .
11. The Orono Park'Commission has recommended that.no additional right-of-way
or trail easements aze required from this development since any future trail needs
can be accommodated within the existing right-of-way.
12. The area of the stormwater pond shall count towards lot area of Lot 1 for
zoning purposes as noted above, and shall count towards lot area credit for
hardcover calculation purposes. The City intends that no hardcover variances
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�-` CITY of ORONO �
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will be granted for development of dwelling units on Lots 1 and 2.
12. The preliminary grading plan includes a 2-3' high berm along the west lot line,
said berm extending to the west lot line and being located over an existing
sanitary sewer main. The City Engineer has determined that the proposed berm
will have no negative impacts on the sewer, but that adequate easements for the
e�sting sewer will be required if they do not exist, and that the developer and
future ov,mers be advised that the berm may be removed if sanitary sewer work
. is required at some future time. The berm design (height, location) may be
amended subject to .City approval as plans are finalized. A Conditional Use
Permit shall be granted for the construction of this berm.
13. Approval of the Conditional Use Permit for duplex use of Lot 2 will be the
subject of a separate City Council resolution which will be adopted at the time
of final plat approval.
`_) � 14. Lot 1 shall have riparian access to Lake Minnetonka because it is adjacent to .
the shoreline. Lot 2 shall not have riparian access to Lake Minnetonka, and a
' covenant shall be filed in the titles of Lots 1 and 2 to prohibit the granting of .
lake access easements over Lot 1 in favor of Lot 2.
15. The Council finds that both Lots 1 and 2 are suitable for the construction of
residential dwelling units as proposed 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 application of Robert and Iris Waade at 3280/3290 North Shore Drive per
; preliminary plat drawings by David E. Crook, a licensed surveyor of DeMars-Gabriel Land .
' � Surveyors, Inc,� dated January 26, 1998, most recent revision May 13, 1998, subject to the
�; following conditions: . � �
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: 1. The proposed private road on said preliminary plat drawing shall be platted
as a private road outlot to be designated as Outlot A. The proposed back lot
access corridor shall be platted as Outlot B. The proposed right-of-way for
i North Shore Drive (County Road 51) shown on the preliminary plat drawings
as Outlot C sha11 be platted as dedicated public roadway.
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� 2. A variance will be granted for the 40' width of Outlot A which does not meet
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will be granted for development of dwelling units on Lots 1 and 2.
12. The preliminary grading plan includes a 2-3' high berm along the west lot line,
said berm extending to the west lot line and being located over an existing
sanitary sewer main. The City Engineer has determined that the proposed berm
will have no negative impacts on the sewer, but that adequate easements for the
existing sewer will be required if they do not exist, and that the developer and
future owners be advised that the berm may be removed if sanitary sewer work
is required at some future time. The berm design (height, location) may be
amended subject to ,City approval as plans are finalized. A Conditional Use
Permit shall be granted for the construction of this berm. �
13. Approval of the Conditional Use Permit for duplex use of Lot 2 will be the
subject of a separate City Council resolution which will be adopted at the time
of final plat approval.
� � 14. Lot 1 shall have riparian access to Lake Minnetonka because it is adjacent to
the shoreline. Lot 2 shall not have riparian access to Lake Minnetonka, and a
covenant shall be filed in the titles of Lots 1 and 2 to prohibit the granting of _
lake access easements over Lot 1 in favor of Lot 2. r
15. The Council finds that both Lots 1 and 2 are suitable for the construction of
residential dwelling units as proposed without the need for further variances.
NOW, THEREFORE, BE IT RESOLV]ED, 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 Robert and Iris Waade at 3280/3290 North Shore Drive per
preliminary plat drawings by David E. Crook, a licensed surveyor of DeMars-Gabriel Land .
� Surveyors, Inc,� dated 7anuary 26, 1998, most recent revision May 13, 1998, subject to the
following conditions: . � � .
1. The proposed private road on said preliminary plat drawing shall be platted
� as a private road outlot to be designated as Outlot A. The proposed back lot
access corridor shall be platted as Outlot B. The proposed right-of-way for
North Shore Drive (County Road 51) shown on the preliminary plat drawings
as Outlot C sha11 be platted as dedicated public roadway.
• 2. A variance will be granted for the 40' width of Outlot A which does not meet
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North Shore Drive (County Road 51) shown on the preliminary plat drawings
as Outlot C sha11 be platted as dedicated public roadway. �
2. A variance will be granted for the 40' width of Outlot A which does not meet
. the 50' required outlot width. A variance will be granted for the width of Outlot
B, the driveway setback in Outlot B, the creation of a flag lot, and to allow 3
dwelling units to gain access via Outlot B.
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 and the stormwater pond located in Lot 1, plus all
required drainage improvements and sife grading per the preliminary plat
drawings and preliminary grading and drainage plan shall 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 engineering plans for the road and pond have been approved by the
� City and the Developers Agreement has been executed. - �
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. The private road and private driveway and respective outlots shall be privately
owned and maintained per the appropriate access easemendmaintenance
documents to be executed by the developer, including easements in favor of the
. . off-site users of said road. The developer shall create a homeowners association �
. or other appropriate vehicle for such ownership and maintenance. �
7. No building permits will be issued until the private road base work has been
completed and been approved by the City. _
8. The developer shall grant to the City an underlying Road, Drainage and Utilities
Easement over Outlot A.
• 9. Subdivider to designate drainage easements over all drainageways and stormwater
ponds within plat, and shall grant utility easements within the plat for existing
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sewer lines if it is determined that such lines are not covered under existing
easements.
10. A conditional use permit will be granted for the bertn including grading within
5' of lot lines, subject to City Engineer review and approval of final grading
plans.
11. Subdivider is hereby advised that the City will not grant final plat approval nor
allow road and pond construction to commence until the MCWD has approved
all grading and drainage improvements on the properry, or developer provides
evidence that no MCWD approval is required.
12. Payment of standard Park Dedication Fee.
. 13. Subdivider is hereby advised that preliminary subdivision approval will expire
• within one year of.the date of Council approval, June 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 Pl�t 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 f 1) copy
. � reduced to 1" = 200'. Drawing to include:
a. Lot lines platted per preliminary survey by David E. Crook of DeMars-
Gabriel Land Surveyors, Inc. dated January 26, 1998, revised May 13,
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.
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d. Designation and dedication of drainage easements over detention ponds �
and drainageways as shown on preliminary plat and preliminary grading
plan. .
e. The naming of plat.
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 docuxnents affected by such interest.
b. The applicant must provide certified copies of all recorded easements
currently affecting the property.
• c. Signed and executed Developer's Agreement and letter of credit for
approved site improvements and construction of private road (Outlot A), .
drainage facilities, etc. ' �
d. Signed and executed Drainage Easements to be taken over drainageway
and detention areas within plat.
e. Signed and executed Road, Drainage and Utilities Easement over Outlot
A.
f. Signed and executed Utility and Access Easements over existing sewer
. or other utility lines as may be identified. . - •
g. Signed and executed "Declaration of Private Road Easement and
Declaration of Maintenance for Same".
3. Fees to be paid: Total due: $400.00* �
a. Final plat fee = $200.00
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b. Legal review and filing fees for subdivision and associated documents = �
$200.00
c. *Park 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 sha11 be advised as
soon as Assessor's report has been filed with City.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held this 8th day of June, 1998.
ATTEST: �
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Lin a S. Vee, City Clerk Gabriel bbour, Mayor - "
STATE OF MINNESOTA ) .
) ss.
COUNTY OF HENNEPIN )
� The foregoing instnzment was acknowledged before me on this 8th day of June,
1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a ,
� Minnesota municipal corporation and said instrument was executed on behalf of the-City.
°" CARO ��/I'�J C�. �e�Gp..�o�,v�.../
, LE A HASEMAN Notary Public
NOTARY PUBLIC•MINNESOTA
� •� HENNEPIN COUNTY
�`�°w�'�� MyCommfsslonExp(resJan.31,2000
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' LEGAL DESCRIPTIOAT E%HIBIT A — RESOLIITION N0. 4092
. PARCEL 9. (PID#08-197-23 49 0099)
Thaf part of the West 15.7 feet of the East 539 feet of�Government Lot 9, Section Eight (8),
Township One Hundred Sevenfeen(997J,Range Twenty fhree(23), lying North of a line drawn
� . af right angles fo the east line of said section at a point 394.5 feet Soufh of the meander corner
at the east line ofsaid section togetherwith an easement forroad purposes over that part of said
; 15.7 feef lying s.outhe�ly of said line and North of the county road.
ALSO, all ihat parf of Government Lof 9, Section 8, Township 117, Range 23 described as
' , follows: Commencing at a point where a line drewn pardllel with and distant 539 feet West of ihe
� easf line of Section 8 intersects the northerlyline of county road known as Markeville and Maple
Plain Road;fhence North parallel with said section line 556.0 feet to the shore of Maxwe!l s Bay, •
Lake Minnetonka;lhence soufhwesterly along the shore ofsaid/ake 988.78 feet to a point which
is 790.1 feef West of said section line and a/so the northeasterly corner of land conveyed by deed
, , recorded in Book 488•of Deeds,p.237;fhence southe�ly along fhe easterly line of land so deeded
400 feef to ihe northerly line of said county road,said poinf being 724 feef West of the section
• line;•thence southeasierly along said county road to tbe point of commencement,EXCEPT ihe .
� • Wesf 70 feet thereof,said 70 feef being measured af righf angles from fhe westerly line lhereof;
EXCEPT that part of the enfire above described premises lying South of a line drawn af right .
ang/es to ihe east line of said section at a point 394.5 feef Soufh of fhe meander corner of ihe
eastline of said section,fogether with an easement for road purposes ove�the West 95 feet of
thaf part of ihe aboue described premises lying southerly of the line drawn ai right ang/es to the
' easf line of said section at a point 394.5 feet South of the meander corner on ihe easf line of said
. secfion,according fo the recorded plat ihereof on file and of record in the otfice of fhe Hennepin
, ,Couniy Recorder.� -
. PARCEL 2. (P!D#8-917-23 49 00�0) +
� , The West 95.7 feet of ihe East 539 feef of that part of Govemment Lot 9 lying North of a road,ALL
IN Section 8,Township 117,Range 23,and al/2hat parf of Lof 1,Section 8, Township 997,Range �
•23,described as foJlows: Commencing af a poinf whero a line drawn parallel with and distanf 539 '
� • feet Wesf of ihe east line ofsaid Section 8 iniersects the northerly line of county road known as
. Markeville and Maple Plain Road;ihence Norih parallel with said secfion line 556.0 feet to ihe
shore of Maxwell s Bay,Lake Minnetonka;ihence southwesterly along the shore of said lake
. 988.78 feet fo a po�int which is 790.1 feet West of said section line and also fhe northeasterly -
. comerofland conveyed bydeed recorded in Book 488 of Deeds,p.237;thence soufherly along
il�e easterlyline ofland so deeded400 feet fo ihe noriherlyJine of said counfyroad,said point
being 724 feet INest of the'section line;fhence southeasterly along said counfy�oad to the poinf
' of commencement, IXCEPT fhe Wesf 70 feef fhereof, EXCEPT lhat part of the enfire above
described pr�emises lying South of a lfne drawn at right ang/es to the eas!line of said section af
� a point 494.5 feet South of the meander comer of the easf line of said section,said last described
, . line being designatedas line'A",and EXCEPT thai part of fhe entire above described premises
lying Norih of a/ine drawn at righf angles to the east line of said section at a point 394.5 feet
� . , South of the meander corner of the east line of said section.
. PARCEL 3. (P/D#08-797-23.44 0002)
Commencing at a point disfant 447.8 feet West of a point in fhe east line of Governmenf Lot 7
- disfanf 376.35 feel South from the meandercomerat the no�theast corner of Lot 9;fhence South
; 82.05 feei;ihence South 99 degrees 47minutes West 915.38 feef fo the actual point of beginning;
fhence continuing South 19 degrees 47 minutes West 903.9T feet;ihence South 92 degrees 37
. minutes Easi 71 feet to the norlherly line of County RoadNo.59;thence westerly along said road
/ine 47.2 feet to a point distant 523.3 feet West from ihe east line of Lot 9;fhence Norih parallel
with said east line to a point due WestYrom point of beginning;ihence East to beginning,Section •
8, Township 997,Range 23. , •
PARCEL 4. (PlD#08-117-23 44 0098) . •
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Lof 1, Block 9, Moellers Addition, according to ihe recorded plat fhereof, Nennepin County,
• , Minnesota. ; „ •
Together wiih al1 heredifaments and appurtenances belonging therefo,subject to ihe following �
exceptions: Utility easemenis,road easements,zoning ordinances,and mineral reservation of
record. • . .
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