HomeMy WebLinkAboutResolution 3577 ,
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'�' RESOWTION OF THE CITY COUNCIL
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A RESOLUTI�1oT GRANTING PRELIMINARY
APPROVAL FOR A PLAT OF TH� PROPERTY LOCA'LrED AT
25�Q FOX STREET (LOT 1, BEAU MARAIS)
. - AI'7PLICATION 1`t0. 2029
WH�R�AS, William r. Smith, on May 25, 1995, filed a formal subdivision
application with the City for apnroval of a two lot residential plat of property legally described
as: �
Lot 1, Beau Marais, Hennepin County, Minnesota (hereinafter "the property"); and
WI�REAS, after due published and mailed notice in accordance witli Minnesota
• Satutes 462.358 et. seq. and the City of Orono's Zoning and Platting Codes, .the Orono
Pianning Commission held a public hearing on June 19, 1995, at which time a11 persons desiring
to be heard concerning this�arplication were given the opporiunity to speak therean; and
� WHEREA,S, at their regular meeting held on July 10, 1995, the Orono City
Council considered this�subdivision application and variance to Section 11.31, Subdivision 5
noting the following facts and findinbs:
1. The property is located within the RR-1B, Single Family .Rural Residential
Zoning District requiring a minunum of 2 acres of contiguous dry buildable land
within each newly created lot.
2, The properry contains a total of approximately 10.23 acres with 3.07 acres of
wetland. The proposed plat contains two lots each exceeding the 2 acres dry
contiguous minimum lot area requirement as follows:
L,ot 1 = 6.07 total acres, 3.5 acres dry, 2.57 acres wet.
Lot 2 = 4.16 total acres, 3.66 acres dry, .5 acres wet.
3. Each lot has been tested by a licensed on-site evaluator and found to have suitable
soils for both a principal and alternate on-site sewage disp�sal systerm.
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'�' RESOLUTION OF THE CITY COUNCIL
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4. The existing easement driveway that intersects proposed Lot 2 will not violate
Section 10.03, Subdivision 6 (B) as there is 2.15 dry contiguous acres to the west
of the�easement driveway.
5. In the granting of approval of the Beau Marais plat in 1986 the City also granted
variances that allowed the filling of designated wetlands for the installation of the
� driveway to serve the most northem Iot or Lot 1 of the Beau Marais plat.
6. If a private road with cul-de-sac was installed along the east side of properry to
serve all three lots, a half acre of designated wetiands would be filled. This
improvement would also result in the loss of several mature evergreen trees along
the east side of the property. All three access drives leading from road would
also encroach upon the designated.wetland areas.
7. The current subdivision is defined as back lodfront lot subdivision requiring
. shared access via a 30' driveway outlot. The driveway outlot along the east
would be limited to only two users. Lot 2 of the original Beau Marais plat would
� continue to gain access�via the existing easement drive. Construction or a drive
would result in the loss of some of the mature evergreen trees planted along the
east property line. There would be an encroachment of the required 26' setback
from the wetland. There would be additional encroachments of the designated
wetland for the future drive to serve both Lots 1 and 2 of the cunent subdivision.
8. The Planning Commission found the creation of two driveways within this
property would have a negative impact upon the aesthetics and sensitive
environment of this unique property.
9. The current owner of Lot 2, Beau Marais, has agreed to maintain the current
looped driveway within their property to serve as a turnaround for emergency
vehicles.
10. There is no record of problems reported by the former owners of Lots 1 and 2,
Beau Marais or the current owners of Lot 2 in the use of the current driveway
nor has the City any record of an accident resulting at the intersection�of the
private driveway and Fox Street.
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'�' RESOLUTION OF THE CITY COUNCIL
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11. The granting of the variance to the subdivision regulations will�ot be detrimental
to the public safety, health or welfare or injurious to other property. .
12. The conditions upon which the request for a variance is based are unique to the
property for which this variance is sought and are not applicable generally to
other properry in the City.
13. Because of the location of extensive designated wetlands that surround the dry
buildable areas of this property and mature plantings on the property, an unusual
hardship to the land would result, if the letter of the code were to be followed as
- distinguished from an inconvenience or hardship to the subdivider.
14. It has been found that the strict enforcement of this chapter would result in an
environmentally unsound development of land.
• 15. The variance will not in any manner vary from the provisions of the
. Comprehensive Municipal Plan which would approve three residential units being
� served by a driveway.
16. No variances are sought to the minimum lot requirements of the RR-1B Zoning
District. •
� NOW, THEREFORE, BE IT RESOLVED, that based upon either one or more
of the above findings, the City Council of the City of Orono hereby approves the prel'uninary
plat for William F. Smith at 2580 Fox Street per the survey dated 2-10-95, most revised date
5-25-95, by Mark S. Gronberg of Coffin and Gronberg, Inc., subject to the following
conditions: .
1. The existing driveway shall be upgraded from a 10' gravel road to a 12' gravel
road. The entrance portion of the drive shall be upgraded to an 18' width gravel
road to a point just beyond new curb cut to serve residence on proposed Lot 2.
Subdivider shall be responsible for installing appropriate identification signage
identifying location of three residences served by driveway at intersection of drive
with Fox Street. Residence shall continue to be addressed at Fox Street.
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2. Subdivider shall create an outlot within Lot 2 defining the driveway at a 14' and
18' width as described in Condition 1 above.
3. Subdivider shall be responsible for developing covenants for the maintenance and
upkeep of driveway.
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:
A. Lot lines platted per preliminary survey by Mark Gronberg of Coffin and
Gronberg, Inc. dated 2-10-95, most revised date 5-25-95.
• B. Dedication of "drainage and utility easements" 5'� each side of new
� intemal properry lines.
C. Naming of plat.
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 applicant must provide certified copies of all recorded easements
currently affecting the property.
C. Execution of a �eveloper's Agreement and posting of a letter of credit to
be written to an amount equal to 150% of the costs of required
improvements. This includes the required upgrading of the gravel
driveway as set forth in Condition 1 above.
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3. Fees to be paid: Total due: $375*
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A. Final plat fee = $175.00
B. Legal review and filing fee = $200.00
C. *Park Dedication Fee
Upon approval of preliminary plat, the subdivision shall be referred to the
� City Assessor to determine the fair market value of the properry in its
undeveloped state. You will be advised as soon as a fee has been
determined.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this lOth
day of 7uly, 1995.
� ATTEST:
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Do othy llin, City Clerk Edward J. Call a� , r., Mayor
STATE OF MINNESOTA ) ;
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�COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this lOth day of July, 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 Ciry.
a ��•. LINDA S.VEE � � ���
:"' `` �� NOTARY PUBLIC-MINNESOTA
', • :- ' HENNEPINCOUNTY Notary Public
�-�•�•'� My Commission Expires Jan.31,2000 • '
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