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HomeMy WebLinkAboutResolution 3653 . �. „ .:�-.� , . ..� .. .. . . . . ... . . .. .. .. . . � • � � < � O� O O � • �b. - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL � ��k'ESH�g'� • NO. e3 � 5 e� A RESOLUTION APPROVING TI3E PLAT OF SCOTC�I PIlVE ADDITION FILE NO. 2065 WHE1tEAS, 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 the application for a replat subdivision by Samuel and Joyce Marfield, �Douglas and Cheryl Hill, and William Toles (hereinafter "the applicants"); and • WHEREAS, on November 13, 1995 the City Council approved Resolution No. 3632 granting conceptual approval of the vacation of Scutch Pine Lane and utility easements within the Dicon Addition, and granting preliminary approval of a three lot plat of property located within Dicon Addition; and `'V�iEREAS, the property being replatted is described as Lots 1-4, inclusive, �� Block 1, Dicon Addition, according to the recorded plat thereof, Hennepin County, Minnesota and all that part of the riQht-of-way of Scotch Pine Lane, as donated and dedicated by said Dicon Addition, which lies southerly of the northwesterly continuation of the northeasterly line of said Lot 4" (hereinafter "the property"); and WHEEREAS, the property is located within the LR-lA Single Family Lakeshore Residential Zonina District requirin; a minimum of two acres of contiguous dry buildaUle land and 200' of width for each building lot; and V�'HEREAS, the property contains a total of approximately 3.37 acres, including Lots 1-4 and the riQht-of-way of Scotch Pine Lane. Existing Lots 1, 3 and 4 each contain a sin�le family residence. Existing Lot 2 provides lake access for existing Lot 4, and is not considered as a buildable site. �ach of existing Lots 1, 3 and 4 contain less than tYie two acre minimum lot area requirement. These lots were developed prior to the current zoning standards; and � Page 1 of 6 . 'i_.,�....._...... '__ .,.�_,...._.._W.�_._. ._..... .,. .,. ,a:. ...... . .......... .. .� .. . . ... ._�'. _. . . . . �. ' � � . , � . .. - 7 � O� O O • • �b. � h,CITY of ORONO ,� , �,, ti ��� �G'�' RESOLUTION OF THE CITY COUNCIL � �kESH�4 NO. 3 6 5 3 WI�IZEAS, 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 = 1.34 acres (±0.96 acres dry) (Toles) Outlot A = 0.05 acres; and WIIEREAS, 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. �ach of proposed Lots l, 2 and 3 will, however, remain at lot areas less than the required two acre minimum for the LR- lA Zoning District, requiring a lot area variance; and • WHEREAS, each of proposed Lots l, 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 1, 2 and 3;_ and WI�REAS, proposed Lots 2 and 3 both abut North Shore Drive, a platted Counry road. Proposed Lot 1 as a result of the replat will no longer abut a public roadway, but will 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 Subdivision Code Section 11.03, Subdivision 2. Per Section 11.31, 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 lakeshore setback line, and at the street yard setback line; is subject to a street yard 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; and �'�'HEREAS, as a result of the replat, the Marfield property (proposed Lot 1) becomes a back lot ���ith 4�' required side setbacks rather than the 30' side setbacks nornlally required in the LR-lA district, making more of Marfield's residence structure non-conforming to the side setback requirements. Similarly, the Hill property (proposed Lot 2) becomes a front lot subject to a �0' side street setback along Outlot A, and 30' side setback along the common • boundary line ��-ith 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; Page 2 of 6 . . .... . ...... .. ....... . .. ... ._- --- - - .. . - ---- _.r,.._...:...�_...._.._..! ...d.�..._.. _..�---_ .. ..---. _. _._._a. ..._ .. �...:..�__ _ _ _ _ ' ' ,�;.', , ,r;t ' � . O � . ' T � � 4, i 1 . � � O O • � �b. - CITY of ORONO � � � r � ti .�; ��L �G'�' '9 RESOLUTION OF THE CITY COUNCIL � �k'ESH�g' n,o. 3 6 5 3 WHEREAS, the Council finds that it is appropriate to grant variances for the "front lot" and "back lot" non-conformities created by the replat; and WHE�tEAS, proposed Lots 1 and 2 will gain access to North Shore Drive via a shared driveway located within Outlot A, at the current location of Scotch Pine Lane. Proposed Lot 3 �°ill 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 existing Scotch Pine Lane intersection. Hennepin County Department of Public Works has given preliminary approval for this new driveway access; and Wi�REAS, the new shared driveway in Outlot A, the extension of the driveway to serve 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 su�cient for the necessary staging of fire fighting equipment; and WHEREAS, the concurrent vacation of Scotch Pine Lane and all of the utility easements originall�� dedicated within the Dicon Addition, requires rededication of new utility 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 draina�e and utilit�� easements will be granted to accommodate Northern States Power and Minnegasco facilities on the property; anc� VVHEREAS, the proposed plat includes dedication of standard drainage and utility easements along the perimeter and intericr lot lines, and includes the dedication of a drainage easement o��er the «�etland 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; and VVHEREAS, portions of the pa��ed surface of Scotch Pine Lane are intended to be removed b5� the applicants and those areas filled and graded to provide lawn areas with surface draina�e. The eaistin� 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 En�ineer. It is the intent of the City to release any drainage easement for this abandoned storm sewer that may be recorded a;ainst the title of proposed Lot 3; and • Page 3 of 6 ; �` Y. . - � O ' V � O O �� � �b_ - CITY of ORONO � � :µ ��� �G'�'� RESOLUTION OF THE CITY COUNCIL i � �kESH��`' NO. 3 6 5 3 -� WHEREAS, 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; and ; ; WHEREAS, unique findings and factors supporting the vacation of Scotch Pine ; Lane resulting in the elimination of this public dedicated roadway have been enumerated in � City Council Resolution No. 3652 adopted December 1l, 1995; and � � WHEREAS, the applicants have completed all requirements of the platting ' regulations of the City, including: ; 1. Completion of all the requirements of Resolution No. 3632. i I 2. Dedication to the City of a flowage and cc�nservation easement providing for � •� lunitations on the use of wetlands described therein and shown on the plat as "drainaae easements". I 3. Dedication on the plat of the standard perimeter drainage and utilities � easements, as well as additional utilities easements for existing and future use iby Northern States Power, Minnegasco, and other utilities. • ' 4. Grantin� of a utilities and access easement to the City of Orono for access � I from North Shore Drive to the municipal sewer easement over Outlot A and � proposed Lot l. i + 5. Provision of suitable documentation from Hennepin County Department of � Public Works approval for the new access for the Toles driveway. 6. Pro�rision of conf'irmation from NSP and Minnegasco that they consent to the vacation of existing utility easements subject to rededication of the proposed ( new easements. I ; 7. Payment to the City of final plat legal review and filing fees in the amount i of 5200.00. � i ,� -J Page 4 of 6 -- . ; . ; , � O� O O • �b. - C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCI L � ��kESHO�'� NO. � 6 5 3 8. The aforesaid plat shall belfiled by the City of Orono with the Hennepin County Recorder's Office on or before June 11, 1996 together with a certified original copy of this resolution and executed copies of the utilities and access easement and flowage and conservation easement documents 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 review. Dated this llth day of December, 1995. A EST: 1 , � , . � Dorothy M. a lin, City Clerk Edward J. Ca han, Jr., Mayor • STATE OF MINNESOTA ) ) ss. COUNTY OF I3ENNEPiN ) The foregoing instrument was acknowledged before me on this llth day of December, 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Cler.k of the City of Orono, a Minnesota municipal corporation and said instruznent was executed on behalf of the City. ���� �� �._��. LINDA S.VEE Notary Public ''"' `` NOTARY PUBLIC-MINNESOTA '.-•Y :- : HENNEPIN COUNTY �-�•�•° My Commission Expires Jan.31,2000 � Page 6 of 6 .