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Home My WebLink AboutResolution 3574 �.,1:___ a.,. �3" ��' , � O� � O ' O b. - CITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCIL L�kESH�4� NO. e� D � 4 A.RESOLUTION GRANTIl�IG PRELIMINARY . •APP1tOVAL OF .A�THREE LOT �'LA�' �'O�Z PROPE�tTY LOCATED AT 56S LEAF SZ'REET - FILE NO. .2020 . WI3EREAS, James W. Bruce, on April 21, 1995,�filed a formal subdivision � application with the City for approval of a three lot residential plat of property legally described as: Lot 6, Block 1, Stielows Addition. That part of Lot 2, Block 1, Klitzke Addition, according to the recorded plat thereof, which lies easierly of the following_described line: Commencing at the�southeast comer of said Lot 2; thence on an assumed bearing •� of North 89 degrees 41 minutes 21 seconds West along the south line of said Lot . 2 a distance of 55.00 feet to the point of begi�nning of the l�ne to be described; thence North 19 degrees 02 minutes 10 seconds East a distance of 155.Q0 feet and said line there terminating, Hennepin County, Minnesota (hereinafter "�ie property"); and V�'I�REAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Platting Codes, the Orono Planning Commission held a public hearing on May 15, 1995, and June 19, 1995, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on July 10, 1995, the Orono Ci_ry Council considered the application of James W. Bruce, noting the following fmdings of fact: l. The property is located within the LR-lA Single Family Lakeshore Residential Zoning District requiring a minunum of two acres of land within each newly created lot. � 2. The properry contains approximately 6.0006 acres. • ' � Page 1 of 5 . •1 - � ..-,� t � . � O� • O O �A. - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL . �,'�� G �kESHOg' NO. e� 3 � � 3. �The proposed plat contains three lots each meeting the required mininaum two acre area:requirement. 4. Section 10.55, Subd. 15 (A-2) as properry is sewered, the drainage area within the property can be credited as dry buildable area for density credit. 5. � A two inch lot width variance shall be granted for proposed Lot 3 based on the - , following findings: - A. Developer has been unable to acquire additional lands from church property to the unmediate north. B. Per Section 6 (A 2) existing lots of recoxd that are greater than 1 acre and � . - served by public sanitary sewer may be utilized for single family detached dwelling purposes if Council fmds that: • (1) It is at least 1 acre in size and the average width of a lot is at least � 100'. � s (2) It is served by public sanitary sewer. . , � (3) The lot otherwise meets the requirements of Zoning Chapter or other applicable City codes. C. No other variances to lot standards are requested. � D. The two inch deficiency would have a negligible impact on the placement of a residence on this property. 6. All three properties are located within the Metropolitan Urban Service Area. 7. All lots will be served from an existing municipal sewer line within Oxford Road to the unmediate west of the property. 8. All lots can be developed with new residential construction without the need of any variances to the lot standards of the LR-lA Zoning District. , 9. There is adequate capacity within the sewer lines adjacent to the properiy to support two additional units. Page 2 of 5 . � �. � O� . • O O n. - CITY o� ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL `�kEsxo�`' rvo. � 5 '� 4 NOW, THER.EFORE, BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for James W. Bruce at 565:Leaf Street per the survey dated April 20, 1995 by Ted Kemna, a licensed surveyor, subject to the following conditions: 1. Applicant to execute an amendment to the original maintenance agreement for the � Stielows flddition dealing with the obligation of Lots 1 and 2 to share in the maintenance and upkeep of Oxford Road, a private road of the City. 2. Designation and dedication of a 20' wide drainage easement over the drainageway , that intersections Lot 1 as shown on the preliminary plan. 3. Existiug drive that extends from Lot 3 and cul-de-sac within Lots 1 and 2 shall remain while guest house on Lot 2 is occupied. When the use of the residence . is complete, then western extension of drive and cul-de-sac shall be removed by •. developer. No_construction vehicles on Lots 1 and 2 shall be allowed to use existing drive. All access for new construction on Lots 1 and 2 shall be from � � approved driveway entrances at Oxford Road. 4. Future owners or developer shall.provide detailed engineering plans and:specs for the extension of municipal sewer to Lot 3. Plans shall address the connection to the municipal sewer line and repair of Oxford Road per engineer's report of May 3, 1995. 5. Subdivider has agreed to remove the accessory structure on Lot 3 prior to final - plat approval. Existing residence structure or guest house on Lot 2 may never be used as a second residential unit or guest house as property does not meet requirement of LR-lA Zoning District. 6. Applicant to dedicate 15' utility easement on the plat for future sewer extension to the church property to the immediate east. The following list of 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: . • 1. Record plat drawings in the form of two (2) mylar copies and one (1) copy reduced to 1" = 200'. Drawing to include: Page 3 of 5 .� .: . � O� • � . � O O �A. � CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESII�g'� NO. '� e� � � A. Lot lines platted per preliminary survey by Ted Kemna of Schoell and Madson, Inc., a licensed surveyor, dated April 20, 1995. B. Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. � C. Designation and dedication on the plat of Fox Hollow of a 20' wide drainage easement over the drainageway that intersects Lot 1. D. Designation and dedication of a 15' wide utility easement within Lot 1 for future sewer connection to church property. E. Utility (sewer) easements along shared lot lines of 1 and 2 to extend 10' on each side of the internal property line. > •` 2. Legal documents required: � A. Title opinion addressed to the City. All owners, mortgage holders or � others witli property 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. Applicant to provide an amendment to the private covenants for the Stielows Addition dealing with the obligation of Lots 1 and 2 to share in the maintenance and upkeep of Oxford Road. 3. Fees to be paid: Total due: 48 825* A. Final plat fee = $175.00 B. Legal review and filing fees = $200.00 � C. *Park Dedication Fee shall be based on Assessor's determination of the fair market value of the property at its undeveloped state. Please note that park fees will only be required for two of the three lots as a residence `� exists on one of the lots. The subdivider will be notified as soon as the Assessor has made his recommendation. Page 4 of 5 ' � ' : � ..� • - ti . � O 1 • O • O I � �b� - CITY of ORONO � � �ti �� G RESOLUTION OF THE CITY COUNCIL �kESHOg' NO. e� e� "d � D. Payment of $48,450 for two sewer units ($24,225 for each unit based on 1995 fee schedule) Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this lOth day of 7uly, 1995. ATTEST: Dorothy M lin, Ciry Clerk Edward J. Calla , Jr., ayor,,� STATE OF MINNESOTA ) • ) ss. � COUNTY OF HENNEPIN ) ' The foregoi.ng'instrument was acknowledged before me on this lOth day of 7uly, 1995, by Edward J. Callahan, 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. � , % ,/�� '�r ,�t� .. (/ ,,<�., LINDA S.VEE Nota�ry Public ��`'` '� N07ARY PUBL�C-MINNESOTA e�� HENNEPIN COUNTY •,..• My Commission FxPires Jan.31,2000 � Page 5 of 5 �