HomeMy WebLinkAboutResolution 3652 �z:. . _. ,_._... ... .-___ ___ ___
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'�' RESOLUTION O�T�HESCI�TY COUNCI L
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A RESOLUTIOl`�1 VACATING
A PORT'ION OF SCOTCH PINE I.ANE
WITHIN TIiE PLAT OF DICON ADDITION AND
VACATI1o1G°`DEDICA�'�B°'��J1'ILI'TY EASEVIENTS'
WITHIN THE PLAT OF_D�Cfli�T �',.DDI7�ION, SECTION 9,
TOWNSHIP '117, RANGE 23 IN THE CI'Y'Y 4F �RONO; lO�lINNESOTA
FILE"�:�#�. 20G5
WI�ERF,AS, tlze City of Orono:<i� a municipal corporation organized and existino
under the °laws of the:�State of Minnesota; and
V6�I�EIt�AS, on August 25, 1995; S�unuel F. Marfield on behalf of himself and
Joyce C. Marfield, H. Douglas Hill and CheryljR. Hill, and William M. Toles filed a petition
•, with the City of Orono requesting the vacatiori":;of a portion of Scotch Pine Lane within the plat
of`Dicon Addition, as well as the vacation of ut'i1'ity easements in the plat of Dicon Ad�iitioil,
legal'ly described as follows:
A. Description of Scotch Pine Lane�r•ight-of-way to be vacaLed:
•All that part of the right-of-way of Scotch Pine Lane,. as donated �i�d dedicated
by`Dicon Addition, according io the recorded �plat thereof, Hennepin Co�.rnty,
Minnesota, which lies southerly of the n'ortYiviwesterly continuatian of �i�e
northeasterly line of Lot 4, B�l�ck 1, said Dicon Addition.
B. Description of utility easements to be vacated:
All utility easements in Dicon Addition, according to the recorded plat thereof,
Hennepin County, Minnesota; �and
�'VHEREAS, after due published: and posted notice, a public hearing was held
before the Orono Planning Cor�unission on SeptLmber 1 S, 1995 and said hearing continued on
October 16, 199�, regarding said vacations r�id all :nterested persons desiring to be heard
concerning the application were given the op�ortunity to speak thereon; and
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'�' RESOLUTION �F T6HE�C�ITY COUNCI L
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WI�EREAS, after due standing and consideration, the Planning Commission
recommended approval of the requested right-of-way vacation and utility easement vacation and
the Council of the City of Orono finds that said vacations, as proposed, are in keeping with
the public interest in consideration of the following findings:
1. The applicants concurrently propose a replat of Lots 1 through 4, Dicon
Addition, incorporating the portion of Scotch Pine Lane to be vacated. The
replat will result in three lots. Proposed Lots 1 and 2 will gain access to North
Shore Drive via a shared driveway located within a proposed outlot 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 on to
North Shore Drive approximately 200' east of the existing Scotch Pine Lane
intersection.
• 2. The applicants are the only property owners which both abut the right-of-way
of Scotch Pine Lane and which use said right-of-way for access to their
properties. As a result of the replat, none of the applicants will require a
dedicated right-of-way for access to North Shore Drive.
3. The concurrent vacation of Scotch Pine Lane and all of the utility easements
originally dedicated within the Dicon Addition, requires rededication of new
utility easements for existing and future utility lines, which the applicants have
agreed to dedicate.
4. In a letter dated November 21, 1995, Stephen VonBargen on behalf of
Minnegasco, consented to the vacation of Scotch Pine Lane and the vacation of
platted utility easements subject to creation of new utility easements to protect
Minneaasco's eaisting gas main.
5. In a letter dated November 20, 1995, Tina Olson on behalf of Northern States
Power Company, consented to the vacation of Scotch Pine Lane and the vacation
of platted utility easements subject to creation of new utility easements for
existing NSP facilities.
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�� �'�' RESOLUTION OF THE CITY COUNCIL
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6. In addition to the Minnegasco and NSP easements, additional easements for the
existing municipal sewer and other existing utility lines will be rededicated
within the concurrent replat.
7. Upon vacation, 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, allowing the removal of the existing storm
sewer.
8. Unique findings which support the requested vacation with concurrent replat
include:
a. Net hardcover reductions of 2,033 s.f. will occur within an area of the
shoreland overlay district that drains to Lake Minnetonka, and will
• decrease the runoff of salts and oils directly to the wetland and lake.
b. The Long Lake Fire Department has accepted the proposed driveway
surfacinj plan which provides adequate fire equipment access and staging
capability.
c. Hennepin County Department of Public Works has granted preliminary
approval for the proposed new driveway directly on to North Shore Drive
(County Road 51).
d. Tlus 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 ta�: parcels. This separation requires the property owners to cross
a public cul-de-sac to �ain 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 on to
and off of North Shore Drive.
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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.
1. Removal of the public street will increase securi�ty to the existing homes.
• m. Removal of the public street will improve the aesthetic view from the
lake.
9. The unique aspects of this proposal as stated in items 1 through 8 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
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 fuiure access to neighboring properties,
the public 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.
10. The vacation of Scotch Pine Lane does not affect access to or use of any
adjoining property.
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11. T'he City no longer intends to develop, improve or continue use of the dedicated
right-of-way as a road except for utilities and access purposes hereinafter
described.
12. In conjunction with the concurrent replat, the dedicated right-of-way as it
currently exists will serve no further public purpose.
13. The vacation of utility easements in conjunction with the replat and rededication
of utility easements, will not affect access to or use of any adjoining property.
14. The City does not intend to fiu�ther develop, improve or use the dedicated utility
easements described above, subject to concurrent rededication of easements upon
the concunent replat.
• 15. The dedicated utility easements to be vacated upon concurrent replat and
easement rededication, will serve no further public purpose.
NOW, THEREFORE BE IT RESOLVED, that the petition of Samuel and
Joyce Marfield, Douglas and Cheryl Hill, and William Toles is hereby granted and that the
portion of Scotch F'ine Lane legally describecl above is hereby vacated, and the utility
easements dedicated within fl1e plat of Dicon Addition are hereby vacated. The granting of this
petition is subject to the following conditions:
l. Upon vacation, applicants shall complete the replatting of Lots 1 through 4;
Dicon Addition and vacated Scotch Pine Lane to include the rededication of
drainage and utility easements acceptable to the City of Orono, NSP,
Minnegasco, and any other utilities making use of easements which have been
vacated.
2. Upon ��acation, applicants shall grant over Outlot A and the necessary portions
of proposed Lot 1, an easement for utilities and access from County Road 51
to the municipal sewer easement.
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'�' RESOLUTION OF THE CITY COUNCIL
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3. Upon vacation, and upon the concurrent replat, the new Lots 1 and 2 shall
maintain a shared driveway within Outlot A.
4. Removal of blacktop and regrading of the site shall be in accordance with the
grading and drainage plan approved by the City Engineer and Public Works
Department.
5. The owners of proposed Lots l, 2 and 3 of the concurrent replat shall jointly
obtain a land alteration permit prior to commencing the removal of Scotch Pine
Lane and filling/grading of the site.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held December 11, 1995.
• AT ST: �
,
orothy M. H lli i, City Clerk � Edward J. Call an, Jr., Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPII�T )
The forejoing instrument was acl:nowledged before me on this llth day of
December 199�, b�� Edward J. Callaha�l, Jr. & 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.
� LINDA S.UEE
;"���� ` '. NOTARY PUBLIC-tdINNESOTA � ���
. .. ; HENNEPIN COUNTY
'�,���•� My Commission Expires Jan.31,2000 Notary Public
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