HomeMy WebLinkAboutResolution 3556 . , . f�
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O � O CITY of ORONO
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��� .� RESOLUTION OF THE CITY COi1NCIL
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A RESOLUTION GRAiV�'TING P1tELI��IINARY
APPROVAL OF A TWO LOT PLAT FOR
THE PROPERTY LOCATED AT
� 1000 LOMA LINDA AVENUE
- FILE NO. 1921
`VfiEREAS, Mary A. Ulrich (hereinafter the "applicant"), on March 25, 1994,
filed a formal subdivision application with the City for approval of a two lot residential plat of
property legally described in Exhibit A attached (hereinafter the "properry"); and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on April 18, 1994, at which time all persons desirin� to be
heard concernin; this application were given the opportunity to speak thereon; and
• WHEREAS, at their regular meeting held on May 8, 1995, the Orono City
Council considered the subdivision application of the applicant, noting the following findings of
fact:
1, The property is located wittv.n the LR-1B, single family lakeshore residential
zoning district requiring a minimum of 1 acre of conti�uous dry buildable land
within each newly created lot.
2. The property contains a total of approximately 2.62 acres of land excluding �
proposed road right-of-way dedications. Each of the proposed residential lots
meets the required 1 acre dry contiguous land area as follows:
� Lot 1 = 1.27 acres dry buildable
Lot 2 = 1.10 acres dry buildable. � .
, �
3. The required right-of-way for County Road 151 is 33' per the Orono
Comprehensive Plan. The standard right-of-way for Loma Linda Avenue is 50',
of which the northerly 25' will be dedicated withi.n the proposed plat.
4, Due to the proposed dedication of right-of-way for Loma Linda Avenue, l�e
existing house will remain at its existuig location 33.0' from the right-of-way
where a 35.0' setback would normally be required. The Council finds it
appropriate to grant a front setback variance to accommodate the existing house.
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O �, O CITY of ORONO
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5. Wetlands have been delineated in the northwesterly quadrant of proposed Lot 1.
A conservation and flowage easement is proposed to be �ranted over said
wetlands.
6. The property was assessed for two sewer stubs and two sewer units as part of the
Forest Lake sewer project. The only connection fee due for sewer for new Lot
1 will be �225.00 per the 1995 fee schedule.
7. The existing sewer connection from the house on Lot 2 crossin� proposed Lot 1,
will be abandoned and the existing house will be reconnected to the sewer in
� Loma Linda Avenue. This leaves the existing stub at the southwest quadrant of
Lot 1 available for sewer connection serving the house to be constructed on Lot
l.
8. The property owner proposes a view easement across the southerly 90' of
• proposed Lot 1, allowing merely a driveway in that area. Such easement leaves
ample area within proposed Lot 1 for construction of a single family residence
meeting required setbacks.
9. Access for Lot 2 will remain on Loma Linda Avenue. A new access driveway
for Lot 1 shall be located on Loma Linda Avenue, location subject to approval
of the Public Works Director.
� 10. Drainage on the properry can be easily dealt with at the time a new house is
. constructed, withi.n the standard peri.meter and interior drainage and utility
easements.
11. Lot 1 will be subject to the standard park dedication requirements.
12, All lots have been found to meet the standards of the L�-1B single fam.ily
lakeshore residential zoning district, and a residence can be developed within °
proposed Lot 1 without the need for any variances.
NOW, TI�REFORE, BE IT RESOLVED, that based upon one or more of the
findings noted above, the City Council of the City of Orono hereby approves the prelimi.nary
plat application of Mary A. Ulrich per the survey dated September 4, 1991 revised April 27,
1995 by Mark S. Gronberg of Coffin and Gronberg, Inc. and grants a variance to Section 10.24,
• Subdivision 5(B) to allow the existing residence to remain in its current location 33.0' fr.om�e
front lot line where a 35.0' setback is normally required, subject to the following conditions:
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O �� Q CITY of ORONO
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1. The applicant shall grant a conservation and flowage easement over the desi�nated
wetlands within the plat.
2. Standazd drainage and utility easements shall be dedicated along perimeter and
interior lot lines.
3. Applicant shall dedicate on the plat 25' of right-of-way for I.oma Linda Avenue.
4. Applicant shall dedicate on the plat 33' of ri;ht-of-way for.Counry Road 151.
5. A sewer connection charge of $225.00 will be due with the building permit for
Lot 1.
6. To avoid excavation in the wetland, the existi.ng house sewer connection shall be
relocated to Loma Linda Avenue, and the new house on Lot 1 shall use the
� existing southerly stub at County Road 151.
7. The driveway entrance for Lot 1 shall be on Loma Linda Avenue at a location to
be approved by the Public Works Director.
g. While the City shall not be party to the view easement over Lot 1 in favor of Lot
2, the location and extent of said easement shall not be revised from that
proposed without notification of the City.
9, Lot 1 is subject to the standard 8% park dedication requirement. Prior to final
plat approval, Park Commission shall determine whether land dedication is
required or whether to require payment in lieu of dedication per Orono ordinance.
FINAL PLAT SUBMITTAIS � .
The following list of final submittals must be submitted to the zoning admi.nistrator
two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays
of the month: � .
1, Record plat drawings in the form of two (2) mylar copies and one (1) copy
reduced to 1" = 200'. Drawings to include:
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A. Lot lines platted per preliminary survey by Coffin and Gronberg, Inc.
dated September 4, 1991 revised April 27, 1995.
B. Dedication of "drainage and utility easements" 10' wide along all
perimeter properry lines and 5' each side of intemal properry lines.
C. Designation and dedication of a drainage easement over the wetland
located within Lot 1 as delineated by John C. Anderson of Wetlands Data.
D. Dedication of 33' of ri�ht-of-way for County Road 151.
E. Dedication of 25' of right-of-way for Loma Linda Avenue.
2. Legal documents required:
• A. Title opinion addressed to the Ciry. All owners, mortgage holders or
others with properry interest indicated therein shall sign the plat and all
other documents affected by such interest.
B. The applicant must provide certified copies of all recorded easements
currently affecting the property.
C. Signed and executed conservation and flowage easement over the wetland.
Please refer to standard easement language enclosed.
D. (To be determined by Park Commission) Signed and executed trail
, easement, location and legal description to be determined.
3. Fees to be paid: Total due: $200.00* ; �
A. Subdivision/easements filing fees = $200.00
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O � p CIT o ORONO
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B. *Park Commission shall review park dedication requirements for this
properiy and may accept park fee in lieu of lands. The City Assessor will
be asked to determine the fair market value of the undeveloped lands
within the subdivision (Lot 1) so that a park dedication fee can be
determined. This fee may be adjusted if acquisition of a bike/trail
easement along Counry Road 151 is required. Applicant will be advised
as soon as the City Assessor has submitted his determination of fair
market value.
Adopted by the City Council of the City of Orono, Min.nesota at a regular meeting
held this 8th day of May, 1995.
AT EST:
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Dorothy . alli.n, City Clerk Edward J. Calla , Jr., Mayor
STATE OF MINNESOTA ) ,
) ss. �
COUNTY OF HE�tNEPIN )
The foregoing instrument was acknowledged before me on this 8th day of May,
1995, by Edward J. Callahan, 7r. & Dorothy M. Hallin, Mayor & City Clerk of the City of
Orono, a Minue'sota municipal corporation and said instrument was executed on behalf of the
City. �
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