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Home My WebLink AboutResolution 4012 �� .c� _ ti y ;� O� � O O + �b_ - . CITY of ORONO � � ti �� ,'�' RESOLUTION OF THE CITY COUNCIL � L9kESH�g'� NO. _� o � � A RESOLUTION � � APPROVING THE PLAT OF LYMAN WOODS -FILE NO. 2279 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 WHEREAS, the City Council has considered this application for a Class III subdivision of a three-lot plat by G. Marc Whitehead and Tracy S. Whitehead (hereinafter "the . subdividers"); and . WHEREAS, per Resolution No. 3966 of the City of Orono, the City Council approved the preliminary plat application for the three-lot residential subdivision on September 22, 1997; and WHEREAS, the subdivision has been found to meet all standards of the RR-1B Rural Residential Zoning District,finding that each lot is of a size and configuration that will allow its use for development of a single family residence without the need of any variances other than those which aze granted herein; and � WHEREAS,the Minnehaha Creek Watershed District has reviewed the proposed subdivision and has deternuned that no stormwater facilities will be required for the subdivision,and . the Orono Public Services Director has concluded that no upgrades to the drainage system are required to accomodate the proposed subdivision except as shown in the approved driveway grading plan for Lots 1 and 2; and . WHEREAS, the subdividers have completed all requirements of the. platting regulations of the City, including: - . � � 1. Completion of the requirements of Preliminary Plat Approval Resolution No. 3966. • Page 1 of 4 1 I O� . O O a� - CITY of ORONO � , � �� '�' RESOLUTION OF THE CITY COUNCIL � L�kESH�g'� N O. � . �A '��9- � 2. Creation of Flowage and Conservation Easements over the City-protected wetlands in Lots 1,2 and 3 and shown on the plat as 'drainage easements'; and creation of private covenants over other wetlands on the properry which are protected by State or Federal laws. 3. Submittal of an acceptable grading and drainage plan for the driveway in Outlot B to serve Lots 1 and 2. . 4. Declazation of private driveway easement and related covenants, conditions and utility easements over the private driveway Outlot B. 5. Declaration of restrictive covenants regarding the use of the buffer outlot, Outlot A. 6. Granting to the City of an underlying Road and Utilities easement over the portion . of private Lyman Avenue shown on the plat as Outlot C. 7. Payment to the City for legal review and filing of the plat and final plat fee of$400. 8. Payment to the City of park dedication fee in the amount of$ 7,000.00• NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Lyman Woods, Hennepin County, Minnesota, subject to the following conditions: 1. Based on the findings of Preliminary Plat Approval Resolution#3966 a variance is hereby granted to Zoning Code Section 10.28 Subd. SB for Lot 3 for a variance of � 20' or 10%because it is only 180' in width at the rear of the defined 50' front yard. 2. An administrative variance is hereby formally granted by the On-Site Systems ' Ma�ager to allow a septic system setback of less than 75'to the wetland on Lot 2 for . three of the six identified drainfield sites. 3. A 'back lot' front setback variance to Subdivision Code Section 11.31 Subd. 5 to allow a setback of 50'to the front(or east)lot line of Lot 1 where a setback of 75' is • Page 2 of 4 r. � :. � O� O O • � �b� - CITY of ORONO � � � � �� ,'�' RESOLUTION OF THE CITY COUNCIL � L�kESH�g'� . NO. ,� � � � � normally required is hereby granted based on the findings of Preliminary Plat Approval Resolution#3966. 4. The principal structure on Lot 1 shall be located to meet a 50' setback from the south line of Lot 1 per the fmdings of Preliminary Plat Approval Resolution#3966. 5. Lot 3 shall continue to be served by the existing easement driveway access to the private segment of Lyman Avenue. Lots 1 and 2 shall access the public portion of Lyman Avenue via Outlot B, a shared private driveway corridor. Lot 2 shall not have direct access to Lyman Avenue other than via Outlot B. A variance is hereby granted to Subdivision Code Section 11.33, Subd. 4 per the findings of Preliminary Plat Approval Resolution #3966 to allow this 3-lot subdivision to be served by a paved road system not meeting the City road width requirements. � 6. Outlot A shall remain undisturbed and function as a separation and vegetation buffer, subject to restrictive covenants executed by the developer. The driveway in Outlot B when constructed by future owner(s) of Lots 1 and 2 shall adhere to the approved plan, unless the City approves an amendment to that plan. At the time of building permit approval or driveway construction (whichever occurs first) for Lot 1, the owner of Lot 1 shall provide additional screening near the southeast corner of Lot 1 sufficient to minimize and reduce vehicle headlights shining into the rear yard of 1290 Lyman Avenue. Such screening shall include a berm as indicated on the � approved driveway grading and drainage plan, unless the City approves an amendment to that plan. � 7. Septic sites on Lots 1, 2 and 3 shall be staked and protected prior to any land alterations on this property. • 8. No Developer's Agreement shall be required for this subdivision because no improvements are required as part of this approval. � 9. The applicant shall deliver eiflier the original mortgage satisfaction for the mortgage � recorded against the property as Document No. 5532164 in favor of Norwest Bank � . Minnesota,National Association,or evidence that such satisfaction has been properly � recorded in the office of the Hennepin County Recorder •. Page 3 of 4 , . � � � O ' V O � O + �b. - CITY of ORONO � ' ti �� '�' RESOWTION OF THE CITY COUNCIL � ��kESH�g'� NO. :.4 0 �. � � 10. The applicant shall deliver an original partial release of the mortgage recorded as document No. 6516821 in favor of Norwest Mortgage, Inc., which release shall release a11 property except Lot 3,Block 1,Lyman Woods from the encumbrance of said mortgage. Such partial release shall be recorded together with the plat. 11. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's O�ce or Registrar of Titles Office on or before June 8, 1998 together with a certified original copy of this resolution and executed copies of the easements and covenants noted above The approval granted by this resolution shall expire if the plat has not been 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 approval. . Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of December, 1997. ATTEST: ' `%1� � Dorothy M. a in, City Clerk Ga 'el Jabbour, Ma r STATE OF MINNESOTA ) � ) ss. � COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of December, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �� .�-- ° `"'•• LINOA S.VEE ' "� f i �' N07ARY PUBLIC-MINNESOTA NOt PUbI1C • • '• • :��*��,• HENNEPIN COUNTY My Commission Expires Jan.31,2�0 Page 4 of 4