HomeMy WebLinkAboutResolution 3495 . � ��1�' f
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A RESOLUTION GRANTING PI2ELII�IINARY
APPROVAL OF A CLASS III SIJ�DIVISION FOR PROPERTI'
LOCATED AT 468Q SAYSID�E
� - FIL� NO. 1976
WHEREAS, Don P. Gamble, III and Quatro C�il Ventures, Inc. (hereinafter "the
subdividers"), on Sep'tember 23, 1994, filed a formal subdivision application with the Ciry for
approval of a two lot residential plat of property legally described as:
Outlot C, Painters Creek, according to the plat on file in the ofiice of the County
Recorder, Hennepin County, Minnesota (hereinafter "the property"); and
WI-�REAS, after due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono
• Plann.ing Commi�sion lield a public hearing on October 17, 1994 at wh:ch tirne all persons
desiring to be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, at their regular meeting held on Naver�ber 14, 1994, ti�e Qrono Ciry
Council considered the subdivision application of the subdividers, noting the following findings
• of fact:
1. The property is located withiii the RR-lA Single Family Rural Residential Genii�g
District requiring a minimum of 5 acres of dry buildable land within e�ch newly
created lot.
2. The property consists of 13.38 acres of dry lands. �Lot 1 consists of 6.8 acres
and Lot 2 consists of 6.51 acres. The lots do not meet the required Iot width of
300' te the rear of the 100' street/fzont setback. The Planning Commission
approved the width variances based on the following unique findings and
hardships:
�. The existing parcel is configured such that Lot 2 can only achieve access
via a 237' platted corridor.
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b. Per Section 10.02, Definition 36 that defines a front lot line for a corner
lot, the front lot line for Lot 1 must be defined at County Road 84 where
the existi.nQ platted corridor nieasures only 179'.
c. Lot 1 would not require a lot width variance if the front/street yard was
defined along McCulley Road where there is some 745 lineal feet.
d. Access for Lot 1 will be provided along McCulley Road and yet the code
would require that the front/street yard be defined at Bayside Road.
3. Both lots have adequate and suitable�soils for on-site treatment facilities.
4. Each lot has been approved for access either at Bayside/County Road 84 or
McCulley Road.
. 5. Each lot can be developed without the need for granting setback variances for
residential construction.
NOW, �'HEREFORE, BE fT RESOLVED, that based upon one or more of the
findings noted above, the City Council of the City of Orono hereby approves the prelimulary
plat application of Don P. Gamble, III and Quatro Oil Ventures, Inc. per plat dra�vings by
Raymond A. Prasch, a licensed survey of Lot Surveys Company, Inc. dated 9-22-94, subj�ct to
the following conditions: .
l. Dedication of an additional 7' of right-of-way for future improvements at the
intersection of County Road 84 and IvlcCulley Road. The 7' of additional right-
of-way shall extend for 40' starting at the intersection of McCulley Road and
County Road 84 and run easterly along County Road 84.
2. Dedication of drainage and utility easements 10' along the perimeter boundary of
the properties and 5' along the shazed lot lines.
3. All residential construction shall meet required setbacks of RR-lA zoning district
as follows:
100' front and rear setback .
� 50' side setback.
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4. Developer to obtain a demolition permit for the removal of the barn on Lot 2 to
be completed prior to final plat approval.
5. Upon application for building pernuts for"Lots 1 and 2, future owner shall
provide detailed grading, drainage and erosion control plans for construction of
driveways to serve new building sites. The City Engineer must approve grading
plans for driveway construction before building permits can be issued.
6. An access permit must be approved by the Public Works Director if access to Lot
. 1 shall be achieved via McCulley Road. If access is to be achieved via Bayside,
a Hennepin Counry DOT permit is required. These permits must be approved
before a building permit can be issued.
7. Prior to final plat approval, subdivider is responsible for locating existing wells
and to confirm which well shall remain to serve future residential construction.
• Any well to be abandoned must be perniitted by apprc,priate State and County
agencies. The subdivider must provide written confirmation that wells have been
legally abandoned prior to final plat approval.
8. Future access to Luce Line Trail for Lot 1 has been approved as a tr.ail
� constructed on existing grade and to be covered with wood chips. Any changes
in this approved plan must be reviewed by the City.
9. Payment of a park dedication fee prior to final plat approval. The City Assessor
shall be asked to determine the fair market value of the undeveloped land. The
park dedication fee shall be based on 8% of that value.
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. These submittals are as follows:
1. Record plat drawings in the form of two (2) mylar copies (with one copy for the
City records and one for filing with Hennepin County) and one (1) copy reduced
to 1" = 200'. Drawing to include:
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A. Lot lines platted per preliminary survey by Raymond A. Prasch of Lot
Surveys Company, Inc. dated September 27, 1994.
B. Dedication of "drainage and utility easements" as noted in Item 2 above.
C. Dedication of additional 7' of right-of-way for County Road 84 as noted
in Item 1 above.
D. Naming of plat.
2. Legal documents required:
A. Title opi.nic,n 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. If appropriate, written confirmation that wells to be abandoned have been
abandoned per State and County standards. The subdivider shall confirm
location of existing wells to remain to serve future residential construction
with On-Site Septic Manager, Stephen Weckman.
D. Subdivider shall obtain demolition permit for removal of barn on Lot 2.
3. Fees to be paid: Total due: 250.00* �
A. Final plat fee = $175.00
. B. Legal review and filing fees for subdivision = $75.00.
�` City Assessor to determine the fair market value of undeveloped property. The
park fee shall be based on 8% of that value. Such payment must be made prior
to final plat approval. Applicant will be advised of deternunation of the park
� dedication fee as soon as the City Assessor makes his report to the City.
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� CITY of ORONO
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� �,�-� ,.� RESOLUTION OF THE CITY COUNCIL
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Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held this 14th day of November, 1994.
ATTEST:
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Dorothy allin, City Clerk Edward J. Callat3a'n, Jr., Mayor
�
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
� The foregoing instrument was acknowledged before me on this 14th day of
November, 1994 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.
_ - � (/�-P�
;2;�a':�. LIeVDA S. VEE
;;='�.��,yu� NOTARY PUBLIC - MINNESOTA Notary Public
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�s�.�t� HER:NEE�IN COUNT`(
�,�,r�S My commissian expires &12-96
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