HomeMy WebLinkAboutResolution 3632 "" •r' ,
r O� .
� � �
�b. - C ITY of ORONO
� ti
�� ��,'�' RESOLUTION O�F TGH3C`�ITY COUNCIL
� �kESII�4� NO.
A RESOLUTION GRANTING CONCEPTUAL APPROVAL OF
� T�IE VACATION OF SCOTCH PIIVE LANE AND GRANTING
pREL1�MINARY APFROVA� OF A THREE LOT PLAT OF
PROPERTX LOCATED WI�'I3IN THE I)ICON ADDI'TION
-FIL�NO. 2065
• WHEREAS, Samuel and Joyce Mazfield, Douglas and Cheryl Hill, and Wil.�iam
Toles(hereinafter the "applicants") on August 15, 1995, filed a fonnal application with the City of
Orono (hereinafter"Ciiy") for vacation of the right-of-��%ay of Scotch Pine Lane and for approval oi
a tnree lot residential replat of Scotch Pine Lane and residential property located at 2455, ?_425
and 2435 Scotch Pine Lane, legally described as follows:
Lots 1-4, inclusive, Block 1, llicon Addition, according to the recorded plat
thereof, Hennepin County, Minnesota and all that part of the right�-of�,vay of
• Scotch Pine Lane, as donated and dedicated by said Dicon tiddition, which lies
southerly of the northwesterly continuation of the northeasterly Iine of said Lot
4 (hereinafter "the property"); and
�r�
WHEREAS, after due published and mailed notice in accordance with Minnesota
Sta.tutes 462.358 ��t. sea,. and the City of Orono's•Zoning and Subdivision Codes, thu Uro�io
Planning Commission held a public hearing on September 18, 1995 and cor.�inued�said heai�in�
on October 16, 19a5, at which times all persons desiring to be heard concerning tlus
application were giF�en ihe opooi�kunity to speak thereon; and
WH�REAS, at their regular meeting held on November 13, 1995, the Orono
City Council considered the application for public road vacation and replat subdivision, noting
the following findings of fact:
1. The propert}� is located vrithin the LR-lA Single Family Lakeshore Resideiitial
7oning District requiring a minimum of two ac;es of contiguous dry bu�ldable
land and Z00' of width for each building lot.
2. The property contains a total of approximately 337 acres, including Lots 1-4 and
ttie right-of-way of Scotch Pine Lane. Existing Lots 1, 3 and 4 each contain a
�� Page 1 of9
a
� O�
. O O
�n. � CITY of ORONO
� � F ,
�� �'�' RESOLUTION OF THE CITY COUNCIL
� ��kESH�g'� NO. e� G e� ,2
single family residence. Existing Lot 2 provides lake access for existing Lot 4,
and is not considered as a buildable site. Each of existing Lots 1, 3 and 4
contain less than the two acre minimum lot area requirement. These lots were
developed prior to the current zoning standards.
3. E�cisting Lots 1-4 and Scotch Pine Lane will be replatted into three building lots
and a private driveway outlot, with lot areas as follows:
Proposed Lot 1 = 1.13 acres (Marfield)
Proposed Lot 2 = 0.85 acres (Hill)
Proposed Lot 3 = 134 acres (± 0.96 acres dry) (Toles)
Outlot A = 0.05 acres
4. As a result of the replat, each of the three proposed lots increases in acreage
• gained from the vacation of Scotch Pine Lane, and in the case of proposed Lot
2, also resulting from the addition of area incorporated within the existing Lot
2. Each of proposed Lots 1, 2 and 3 will, however, remain at lot areas less
than the required t��vo acre minimum for the LR-lA Zoning District, requiring
a lot area variance.
5. Each of proposed Lots 1, 2 and 3 are lakeshore lots but lack the required 200'
lot width at the shoreline and at the 75' lakeshore setback line as required in the
LR-lA District, requiring lot width variances for each of Lots l, 2 and 3.
6. Proposed Lots 2 and 3 both abut North Shore Drive, a platted County road.
Proposed Lot 1 as a result of the replat will no longer abut a public roadway,
but ��ill gain access via a shared driveway serving proposed Lots 1 and 2 within
proposed Outlot A. By definition, proposed Lot 1 is a "back lot" per Municipal
Subdi��ision Code Section 11.03, Subdivision 2. Per Section 1131, Subdivision
5 (C-2), proposed Lot 1 is required to meet 150% of the two acre zoning district
lot area requirement; is required to meet the 200' lot width requirement at the
shoreline, at the lal:eshore setback line, and at the street yard setback line; is
subject to a street ��ard or front yard depth of 150% of the 50' front yard
requirement of the LR-lA District; and �is subject to a side yard depth of 150%
of the 30 ' LR-lA side yard requirement.
�
Page 2 of 9
• �
� O�
• O O
b. � CITY of ORONO
� ' ti
'�' RESOLUTION OF THE CITY COUNCIL
���.kE o��G No. �3 6 3 2 �
� SH
7. As a result of the replat, the Marfield property (proposed Lot 1) becomes a back
lot with 45' required side setbacks rather than the 30' side setbacks normally
required in the LR-lA District, making more of M�eld's residence structure
non-conforming to the side setback requirements. Similarly, the Hill property
(proposed Lot 2) becomes a front lot subject to a 50' side street setback along
Outlot A, and 30' side setback along the common boundary line with proposed
Lot 1. The replat results in revised setback requirements impacting proposed
Lots 1, 2 and 3, which must be taken into account in future improvements to
those properties.
8. The Council finds that it is appropriate to grant vaziances for the "front lot" and
"back lot" non-conformities created by the rzplat.
9. Proposed Lots 1 and 2 will gain access to North Shore Drive via a shared
idriveway located within Outlot A, at the current location of Scotch Pine Lane.
Proposed Lot 3 will no longer gain access from Scotch Pine Lane but will create
a new driveway access directly onto North Shore Drive approximately 200' east
of the e�cisting Scotch Pine Lane intersection. Hennepin County Department of
Public Works has given preliminary approval for this new driveway access.
10. The new shared driveway in Outlot A, the extension of the driveway to serve
the proposed Lot 1, and the new driveway to be created for proposed Lot 3 have
been designed to City of Orono residential street weight bearing capacity
standards to provide adequate access for fire fighting equipment. Further, the
Long Lake Fire Department has indicated the proposed driveway construction
and proposed widths are sufficient for the necessary staging of fire fighting
equipment.
11. The concurrent vacation of Scotch Pine Lane and all of the utility easements
originally dedicated within the Dicon Addition, requires rededication of new
utilin� easements for existing and future utility lines. The proposed rededication
includes a 30' municipal sewer easement over the existing municipal sewer
laterals within Scotch Pine Lane. Additional drainage and utility easements will
be granted to accommodate Northern States Power and Minnegasco facilities on
i Page 3 of 9
� °�
� o o �
�b. - CITY of ORONO
� �
�� G'�' RESOLUTION OF THE CITY COUNCIL
� ��k'ESH�g'� NO. _ a� F <`� �
the property. Additional private easements between property owners may be
necessary to accommodate existing individual sewer connections.
12. The proposed plat includes dedication of standard drainage and utility easements
along the perimeter and interior lot lines, and includes the dedication of a
drainage easement over the wetland located in proposed Lot 3. Said wetland
will also be subject to a Conservation and Flowage Easement to be executed by
the owner of Lot 3.
13. Portions of the paved surface of Scotch Pine Lane are intended to be removed
by the applicants and those areas filled and graded to provide lawn areas with
surface drainage. � The existing storm drain and storm sewer leading from the
cul-de-sac to the wetland is intended to be removed per the submitted grading
plan subject to approval by the City Engineer. It is the intent of the City to
• release any drainage easement for this abandoned storm sewer that may be
recorded against the title of proposed Lot 3.
14. Per the request of the neighboring property owner to the east, it is appropriate
to require that the new driveway created for proposed Lot 3 shall be set back
at least 15' from the east line of proposed Lot 3.
15. Unique findings and factors supporting the requested vacation and replat resulting
in the elimination of this public dedicated roadway include the following:
A. Net hardcover reductions of 2,033 s.f. will occur within an area of the
Shoreland District that drains to Lake Minnetonka, and will decrease the
runoff of salts and oils directly to the wetland and lake.
B. The Lon� Lal:e Fire Department has accepted the proposed driveway
surfacin� plan which provides adequate fire equipment access and staging
capabilit}�.
C. Hennepin County Department of Public Works has granted preliminary
appzoval for the proposed new driveway directly onto North Shore Drive
(County Road 51).
�
Page 4 of 9
,
� O�
• O O
�b. � C ITY of ORONO
� �
�� �'�' RESOLUTION OF THE CITY COUNCIL
� ��kESH�g'� NO. 3 6 3 �
D. This is the only three-family cul-de-sac that drains into Lake Minnetonka
that can be easily revegetated to slow down the drainage over blacktop
into the lake.
E. This is the only three-family cul-de-sac that involves a lake lot separated
into two tax parcels. This separation requires the property owners to
cross a public cul-de-sac to gain access to their lakeshore.
F. This is the only three-family cul-de-sac that attracts strangers looking for
access to the lake. Removing it will decrease the number of trips onto
and off of North Shore Drive.
G. This is the only three-family cul-de-sac whose removal is supported by
all three property owners and the two affected neighbors.
• H. This is the only three-family cul-de-sac along North Shore Drive where
the norm is single and double private driveways.
I. This is the only three-family cul-de-sac the City of Orono has considered
removing for almost twenty years.
J. The City will no longer bear the cost of maintaining the existing street.
K. Removal of the public street will make the area safer for children.
L. Removal of the public street will increase security to the existing homes.
M. Removal of the public street will improve the aesthetic view from the
lake. °
16. The Council finds that the unique aspects of this proposal as noted above are
sufficient justification to allow the removal of this public road and cul-de-sac.
The Council finds that the vacation of Scotch Pine Lane is supported by unique
circumstances that are not generally found in other areas of Orono where private
• Page 5 of 9
� °�
� o 0
b. - CITY of ORONO
� �
�� �'�' RESOLUTION OF THE CITY COUNCIL
� � L`�kESxo�'� rvo. 3 6 3 2
or public roads and cul-de-sacs serving as few as three residential lots are still
appropriate. The Council further finds that because Scotch Pine Lane serves
only three residential lots, does not provide access to the lakeshore for the
public, and does not provide a potential future access to neighboring properties,
the public's interest in Scotch Pine Lane is limited to the provision of services
� to the three property owners, which interests can be suitably served via private
driveways and easements.
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 conceptually approves
the vac�ation of Scotch Pine Lane, and hereby approves the preliminary plat application of Mr.
and Mrs. Marfield, Mr. and Mrs. Hill and Mr. Toles per the preliminary plat drawings dated
� October 12, 1995 by Keith Dahl of BRW, Inc., and grants variances to Section 11.31,
Subdivision 5 (C) to allow the creation of proposed Lot 1 as a "back lot" not meeting the
� required 200' lot width at the shoreline, at the 75' lakeshore setback, or at the 75' front setback;
grants a variance for substandard side yard setbacks for the existing structures located less than
the required 45' from the side lot lines of proposed Lot 1; grants a variance for lot area for
proposed Lot 1 being 1.13 acres in area where a minimum three acres would normally be
required for a back lot in the LR-lA Zoning District; grants variances for lot area and lot width
for proposed Lots 2 and 3 which are respectively 0.85 and 134 acres in azea where a two acre
lot area is normally required, and which are respectively approximately 35' and 123' in width
at the shoreline and at the lakeshore setback line where a minirzlum width of 200' is normally
required; and grants a variance to Section 11.31, Subdivision 5 (C-�) to allow Outlot A, the
access outlot, to be 25' in width where a 30' minimum width is normally required.
Conceptual approval of the vacation of Scotch Pine Lane and app:oval of the
preliminary subdivision/replat of Dicon Addition is subject to the following conditions:
1. Applicants shall provide documentation of formal Hennepin County Department
of Public Works approval of the new access for the Toles driveway prior to final
plat approval.
2, The new Toles driveway shall be set back a minimum of 15' from the easterly
lot line of proposed Lot 3.
• Page 6 of 9
� °�
� o 0
�b_ - CITY of ORONO
� �
�� G'�' RESOLUTION OF THE CITY COUNCIL
� ��kESH�g'� No. 3 6 3 2
3. Applicants shall provide written confirmation from NSP, Minnegasco and any
other utilities making use of easements to be vacated, that the drainage and
utility easements to be rededicated are acceptable to said utility companies.
4. An easement for access from County Road 51 to the municipal sewer easement
shall be granted over Outlot A and the necessary portions of proposed Lot 1, to
be approved by Orono Public Works Director.
5. Proposed Lots 1 and 2 shall maintain a shared driveway within Outlot A.
Outlot A shall be privately owned and appropriate easements shall be granted
by the owner or owners of Outlot A sufficient to ensure access over Outlot A
for both Lots 1 and 2.
6. The owner of proposed Lot 3 shall grant a Conservation and Flowage Easement
• to the City over the wetland located in proposed Lot 3.
7. Removal of blacktop and regrading of the site shall be in accordance with a
grading and drainage plan to be approved by the City Engineer and Public
Works Department prior to final plat approval.
8. The owners of proposed Lots l, 2 and 3 shall jointly obtain a land alteration
permit prior to commencing the removal of Scotch Pine Lane and filling/grading
of the site. A separate land alteration permit will be required for construction
of the new driveway serving Lot 3.
9. Final approval of the vacation of Scotch Pine Lane shall occur concurrently with
final plat approval.
10. This replat is not subject to park aedication requirements.
Final Plat Submittals
The 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:
• Page 7 of 9
• �
� O�
• O O ,
�b. � CITY of ORONO
� F
�� �G'�' RESOLUTION Qf j,}i�C�TY COUNCI L
`9 g' NO. e� �
. k'ESII�
1. Record plat drawings in the form of two (2) mylar copies and one (1) copy
reduced to 1" = 200'. Drawing to include:
A. Lot lines platted per preliminary plat drawings by Keith Dahl of BRW,
Inc. dated October 12, 1995.
B. Dedication of "drainage and utility easements" 10' wide along all
perimeter property lines and 5' each side of internal property lines and
dedication of drainage and utility easements as shown on said preliminary
plat drawing.
C. Designation and dedication of a drainage easement over the wetland
located in proposed Lot 3.
• 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 applicants shall provide certified copies of all recorded easements
currently affecting the property. �
C. Signed and executed Flowage and Conservation Easement over the
wetland located in Lot 3. Please refer to the standard easement
document available from the Building and Zoning Department.
D. Signed and executed Utility and Access Easement over Outlot A and the
northwesterly 25' of Lot 1 northeasterly of the municipal sewer lines
within the existing Scotch Pine right-of-way.
E. Formal written documentation from NSP and Minnegasco of their
acceptance of the proposed drainage and utility easements.
• Page 8 of 9
� . v J-
� O�
� O O
�b. � CITY of ORONO
� �
�� G'�' RESOLUTION OF THE CITY COUNCIL
. �`�kEsxog'� No. 3 6 3 2
3. Fees to be paid: Total due: $200.00
A. Legal review and filing fees = $200.00
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held this 13th day of November, 1995.
ATTEST:
\
�� � , C� �Jll � /` .� � % � ��r-�/-
Dorothy . Ha in, City Clerk E�ward J. Callahuan, Jr., Mayor `�
• �
STATE OF MINNESOTA )
) ss. .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of
November, 1995, by Edward J. Callahan, Jr. & Dorothy PvI. Hallin, Mayor & City Clerk of the
City of Orono, a Minnesota municipal corporation and said insmzment was�executed on behalf
of the City.
�
LINDA S.VEE Not�azy Public
� ���° ' NOTARY PUBLIC-MINNESOTA
;,�.e� HENNEPIN CO�UN�31,2000
�,�„.•' My Commission Exp
• Page 9 of 9