HomeMy WebLinkAboutResolution 4053 `v --�ti
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� �'�' . RESOLUTION OF THE CITY COUNCIL
L�kESH�g'� NO. L� G� � `�. �
A RESOLUTION GRANTING PRELIMINARY
APPROVAL OF A CLASS III SUBDIVISION
FOR PROPERTY LOCATED AT 1365 TONKAWA ROAD
-FILE NO. 2339
WH�REAS,James Render(hereinafter the "subdivider")on January 23, 1998,filed
a formal subdivision application with the City for approval of a three lot residential plat of properry
legally described as:
� That part of Lots 13, 14 and 15, "LYDIARD'S PARK" Lake Minnetonka lying
northwesterly of a line described as follows: Beginning at a point on the southwesterly
line of said Lot 15 distant 225 feet northwesterly from the point of intersection of the
southwesterly line of �said Lot 15 with the base line shown on the plat of said
"LYDIARD'S PARK" Lake Minnetonka; thence northeasterly perpendicular to said
• southwesterly line of said Lot 15 to the northeasterly line of said Lot 13, and there
ending. All in 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 February 17, 1998, 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 March 9, 1998 and March 23,
1998, the Orono City Council considered the subdivision application of the subdivider noting
� the following findings of fact:
1. 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.
2. The property contains a total of approximately 1.91 acres of land. There are no
wetlands located on the property. Except for a portion of the road ditch along
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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. .
3. The proposed plat consists of three residential lots each meeting 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. �
4. All three lots are served with municipal sewer ancl have�been fully assessed for
� sewer. All three lots will be served by private wells.
5. Lot 1 contains an existing residence structure which encroaches across the
easterly lot boundary into Lot 2. Lot 2 contains an existing detached garage
which encroaches within the required 10' side yard of Lot 2. The portions of the
• ' house which encroach the 10' required side yard of Lot 1 and which encroach
� into Lot 2, and the detached garage in Lot 2, shall be required to be removed
within a specified limited period of time after subdivision approval and shall be
removed prior to any sale of Lots 1 or 2 into two separate ownerships.
6. 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 16' paved
width, with a 'T' turnaround for emergency vehicle access. These dimensions
require the granting of a variance to City road width and cul-de-sac standards.
The basis for such variance is the negative visual and traffic impact on
neighboring properties 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 fuiure use, except that the westerly 5 feet of said
Outlot shall not be subject to said easement.
7. The City has no intent to continue said private road westward to Birch Lane at
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this time. The intent of stopping the underlying road easement 5 feet short of
the west boundary as noted above is to limit the likelyhood that a future Council
will make the future through road connection to Birch Lane.
8. Lots 1 and 2 shall gain access to the private road via a shared driveway in order
to minimize hardcover on those lots.
9. A stormwater pond will be developed within Lot 3 and a drainage easement
will be granted to the City over said pond.
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 Tonkawa Road (County Road 135).
11. 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.
� � 12. The area of the stormwater pond shall not count towards lot area of Lot 3 for
zoning purposes, but shall count towards lot area credit for hardcover calculation
purposes only. The City intends that no hardcover variances will be granted for
development of homes on Lots 1, 2 and 3.
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 at 1365 Tonkawa Road per preliminary plat
drawings by Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc, dated March
18, 1998, subject to the following conditions:
l. Proposed Road (Birch Lane) on said preliminary plat drawing 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 16' paved
. width of the private road which do not meet the 50' outlot width and 24' paved
road width or 80' paved cul-de-sac standards for a private road serving 3 or more
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residences.
3. All Lots .shall access to the private road in Outlot A. No direct access to
Tonkawa Road shall be allowed for any Lot. Lots 1 and 2 shall access the
private road outlot via a shared driveway as shown on the preliminary plat
drawings.
4. The private road in Outlot A and the stormwater pond located in Lot 3 per the
preliminary plat drawings 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 shall be privately owned and maintained per the appropriate
access easement/maintenance documents to be executed by the developer. The
developer shall create a homeowners association 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 and Utilities Easement
for all of Outlot A except the westerly 5 feet thereof.
9. Subdivider to designate drainage easements over all drainageways and stormwater
ponds within plat.
10. Subdivider is hereby advised that the City will not grant final plat approval nor
a11ow road and pond construction to commence until the MCWD has approved
all grading and drainage improvements on the property.
• 11. The portion of the existing house on Lot 1 that is within 10' of the east side lot
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line, as well as that portion which encroaches into Lot 2, and the detached
garage on Lot 2, sha11 be removed by the applicant within one (1) year of final
plat approval. Applicant shall execute a Special Lot Combination Resolution to
be filed in�the chain of title of Lots 1 and 2 which disallows Lots 1 and 2 from
being sold separately until such removals occur, and which would disallow any
building permits for Lot 2 until the encroachments are removed.
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, March 23, 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:
� l. Record plat drawings in the form of two (2) mylar copies (one copy for the
City's rec.ords 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 Mark S. Gronberg of Coffin
& Gronberg, Inc. dated March 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. Designation and dedication of drainage easements over detention ponds
and drainageways as shown on preliminary plat.
� f. The naming of plat.
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' 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.
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 except the westerly 5 feet thereof.
f. Signed and executed "Declaration of Private Road Easement and -
- Declaration of Maintenance for Same".
g. Completed "Applicatiori for Private Road Name".
h. Special Lot Combination Resolution (to be drafted by City and adopted
by Council at time of final plat approval).
� 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
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 shall be advised as
soon as Assessor's report has been filed with City.
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Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held this 23rd day of March, 1998.
ATTEST:
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Linda S�. Vee, City Clerk Gabriel abbour, Mayor
STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
� The foregoing instrument was acknowledged.before me on this 23rd day of
March, 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.
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�"�., CAROLE A HASEMAN
� NOTARY PUBLIC-MINNESOTA Notary Public
'�,I'.�;��;' HENNEPIN COUNTY
� My Commission Expires Jan.31.2000
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