HomeMy WebLinkAbout#00-2550 Resolution 4611CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 0 li ~
A RESOLUTION DENYING PRELIMINARY PLAT
FOR PROPERTY LOCATED AT 120 BROWN ROAD SOUTH
-FILE NO. 2550
WHEREAS, Charles Van Eeckhout (hereinafter the "applicant") filed an application
requesting a Class III preliminary subdivision of property legally described as:
Tract H, R.L.S. No. 352, Hennepin County, Minnesota.
(hereinafter "the property"); and
WHEREAS, The applicant has applied to the City of Orono (hereinafter "the
City") for a subdivision of property including a conditional use permit to permit the property
to develop as a Planned Residential Development (PRD); 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 public hearings on November 15, 1999, January 19, 2000 and
August 21, 2000, at which times all persons desiring to be heard concerning this application
were given the opportunity to speak thereon.
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 denies the request on
a vote of 5 to _{2_ based on the following findings of fact:
FINDINGS
1. The City of Orono had identified two primary concerns, determination of the
wetland boundary and road access, that would have required resolution prior to
preliminary plat approval.
2. On October 16, 2000 a Technical Evaluation Panel (TEP), with representatives
of the Minnehaha Creek Watershed District (MCWD), Hennepin Conservation
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
4 tt:f> '1 ,.,
NO. , ~~.» Jt J
District, and Board of Water and Soil Resources met on the property to review
the wetland boundary as delineated by Svobota Ecological Services (SES).
3. The TEP generally agreed to the delineation line as determined by SES.
4. The City of Orono has established an inventory of protected wetlands that are
not considered buildable and valuable natural resources. Those areas shown on
the 197 4 wetland inventory are not credited towards buildable area for zoning
purposes. A total of approximately 14 acres of the 20 ± land area is considered
above the wetland boundary, based on the TEPs wetland review.
5. Access to the property has been proposed via a platted corridor through Tract
G, R.L.S. No. 352.
6. Since 1954 Tract H has an easement over Tract G for driveway purposes. It is
the City of Orono's position the easement is granted for driveway purposes, not
roadway purposes. Prior to approving a subdivision, using Tract G for road
access, the City must receive sufficient evidence that the owners of Tract G
consent to the plat or an easement for road purposes be acquired in favor of
Tract H.
7. The applicant has stated he has been unable to successfully negociate an
easement for road purposes with the owner of Tract G.
8. A revised site plan was received by the City of Orono in July, 2000 that would
require access from Apple Glen Road in the City of Long Lake. The City of
Orono has made a request to the City of Long Lake to comment and determine
what right of access Long Lake would permit.
9. The applicant has not received approval for access to Apple Glen Road from the
City of Long Lake.
10. The Council has determined the preferred option for access is via Tract G.
Access through Apple Glen Road would have required the road be extended,
additional traffic for additional residences and formal approval from the City of
Long Lake had not been granted.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4
11. Tract G would provide an access that would meet the requirements for street
width and provide a private road consistent with the City's policy that new
developments designated as properties in rural Orono be serviced with private
roads.
12. The applicant has not established e'.'idence acceptable to the City Attorney that
road access has been secured to all proposed lots. The City of Orono cannot
approve the Preliminary Plat without the issue of legal access being resolved.
13. The City of Orono has a requirement all preliminary grading, storm water
management and drainage plans are approved prior to Preliminary Plat approval.
The City of Orono has not received revised drainage area maps and calculations
to determine the storm water management plan is feasible. The only calculations
that have been provided were submitted in January, 2000 based on the road
construction off Brown Road South, not Apple Glen Road.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 6 J ],
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held this 26th day of February, 2001.
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/ ,/.-.. ' ·Linda S. Vee, City Clerk
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STAtE OF MINNESOTA )
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COUNTY OF HENNEPIN )
//
Barbara A. Peterson, Mayor
The foregoing instrument was acknowledged before me on this 26th day of
February, 2001, by Barbara A, Peterson & 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.
Notary Public
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RACH EL DODGE
NOTARY PUBLIC • MINNEC:OTA
My Commission Expires Jan. 31, 2005