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Home My WebLink AboutResolution 3492 . ' � ,. � ��' TY f O .� O CI o ORONO ��. ��'=� .� RESOLUTION OF THE CITY COUNCIL ,�,� ��t�, �d 1� �, NO. � tA � � ti ti '��9� og�G ESH A RESOLUTION APPR�VING THE PLAT OF BAYVIEW FARMS SECOND ADDITION - FILE NO. 1967 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and �3'HEREAS, 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 subdivision by Robert S. Olson of 4645 Baysi�e Road, Irvin T. Geffre of 4665 Bayside Road, and K-P Properties, Inc. represented by Donald R. Peterson (hereinafter "the subdividers"); and VV�iEREAS, on Occober 24, I994, the City Council approved Resolution No. 3483 granting preliminary approval for a plat at 4645/4665 Bayside Road; and WHEREAS, the property i� located within the RR-1B, Sin�le Family Rural Residential Zoning District requi:ing a minimum of 2 acres of c�ntiguous dry buildable land within each newly creazed lot; and WHEREAS, the property contains a total of approximately 19.5 acres, ot whicn approximately 1.1 acres has been delineated as wetland; and WHEREAS, the proposed plat contains two lots (designated as proposed Lot ?, Block 1 and proposed Lot l, Block 2), each contai:iing an existing residence structure, proposed Lot l, Block 1 being 2.75 acres in area, and proposed Lot 1, Block 2 being 1.94 acres in area. Proposed I.c�t 1, Block 2 technically requires a lot area variance, but will retain ownership of an additional 0.07 acre outlot and may gain up to an additional 0.2� acres as noted below> in order to meet the 2.0 acre zriinimum lot area requirer�ent; and VVHEREAS, the septic system ser��ing the residence on proposed Lot 1, Block 1 is failinR and is intended to be replaced. On-sit,� sewage treatment system site evaluation data in�jicates �Y:at prunary and alternate drainfield sites for current and future use are available within proposed Lot 1, Block 1. No septic testing is required for the existing residence on proposed Lot 1, Block 2 since it is a pre-existing lot; and Page 1 of 6 Form 5005 Disk Oro�ro � o� O .� O CITY of ORONO � ��" .� RESOLUTION OF THE CITY COUNCIL '� 4 � � 9 ,y, � ., `;-� ti rro. r. 4 2 . ti '��9� og�G ESII VVAEREAS, in aciditicn to proposed Lot 1, Block 1 and proposed L.ot 1, Block 2, four outlots are proposed to be created with the following intent for each: (a) Outlot A: 0.28 acre remainder parcel to be combined with propUsed Lot 1, Block 2, at �uch time that Outlots B and D are used for private driveway or road access to Outlot C. (b) Outlot B: 0.32 acre 50' future road corridor providing access for future development of Outlot C. In the event that Outlot C is further developed using road access from adjacent properties not requiring the use of Uutlots B and D, Outlots A and B will be legally combined with proposed Lot 1, Block 1. (c j Uutlot C: ?4.13 acre par.cel intended for future development into single family resident;al lots. Outlot C is intended to not be buildable for even a sin�le residence ur�less or until it is further subdivided andlor replatted into one or more building sites. (d) Outlat D: 0.07 acre future road corridor segment to complete continuous access in conjunction with Outlot B for future development of Outlot C. In the event that Outlot C is further developed using road accesses from adjacent properties not requiring the use of Outlots B and D, Outlot D will be legall}� coznbined with the proposed Lot 1, Block 2. WHEREAS, Outlots B and D provide continuous access to Outlot C from Bayside Road. The platting of Outlot D coincides with an existing access easement over Lot 1, Block l, Bayview Farms in favor of Lot 2, Bl�ck 1, Bayview Farms. The inclusic�n of Lot l, Block 1, Bayview Farms in this prop�sed plat is the subject of an agreement attached to this resolution as Exhibit A, which details the applicants' intent regarding the future use and dispositi�n uf Outlots A, B and D; and WHEREAS, it is the City's intent that if Outlots B and D are developed for future road to serve Outlot C, then the existing residences on proposed Lot 1, Block 1 and proposed Lot 1, Block 2 shall construct driveway accesses onto said new road and eliminate the existing direct driveway accesses to Bayside Ro�d; and Page 2 of 6 � Fam 5005 DiA Oram � o� O .�: O CITY of ORONO ��? � RESOLUTION OF THE CITY COUNCIL �, � �, b =�, �" No. :� 4 � � ; ti , ti • '��9� og�G E88 V4'HEREA5, it is ttae City's intent that in the event Outlots B and D are used in the future for ruad p�irposes that such road shall be constructed to City standards. Further, it is the City's intent that in order to guarantee the future access to Outlot C, apglicants shall provide to the City standard road and utility easements over Outlots B and D. It is tlie Ciry's further intent t�at if Outlot C is �eveloped without the need for access via Outlots B and D, that such road and utility easements will be vacated upon formal request of the property owners; and WHEREAS, it is tl�e City's intent that Outlots A, B and C shall remain in private conunon ownership until Outlot C is further developed, and that Outlot D shall remain in private common �;��nership with proposed Lot 1, Block 2 until Outlot C is furtner develope�; and WI�EREAS, it is the City's intent that at the tune Outlot C is further developed, the City will at that time rPquire the payment of park dedication fees and the c�edication of any additional necessary and appropriate public easements within Outlots A, B, C and D; and WHERF;AS, it is the City's intent that proposed Lot 1, Block 1 and proposed Lot 1, Block 2 grant the standard perinleter utility and drainage easements based on the assumption that Outlots B and D will in the future becorne a roadway; and WHEREAS, although Hennepin County Department of Public Works has requested ad�itional right-ef-way for Cour.ty Road 84, no additional County road right-of-way will be reqaired of the developer cons:stent with th� standards for a collector road as defined in the Orono Comprehensive Plan; and Vt%HEREAS, a driveway easement over Outlot B shall be granted in favor of proposed Lot 1, Block 1 for the existing driveway in Outlot B; and WHEREAS, the existing accessory metal shed located at the northwest corner of Outlot C will become non-conforming upon final plat approval due to lack of a principal residence structure and must be removed within one year of final plat approval unless it is incorporated into a subdivision of Outlot C into buildable lots and made conforming at that time; and WHEREAS, the single family residences e�:isting on proposed Lot 1, Block l and proposed Lot l, Block 2 require no further variance�; and Page 3 of 6 � Fam 5005 Disk Oraa � O� O .:� O CITY of ORONO ��;��, � � RESOLUTION OF THE CITY COUNCIL r�1 ��5 ` -�' D" NO. e3 4 � � � � , ��; ti ,, � �� og�G E88 WfiEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of the requirements of Resolution No. 3483. 2. Dedication on the plat of drainage and utility easements. 3. Granting of road and utility easements over Outlots B and D. 4. Granting of a driveway easement over Outlot B in favor of prop�sed Lot 1, Block 1. 5. Payment to the City of legal review and filing fees of $200.00. NCiW, THEREFORE, BE IT R�SOLVED, that the City Council of the City of Orono hereby approves the pl�t of Bayview Farms Second Addition, Hznnepin Coun��, Minnesota, subject to the following c�nditions: l. Outlots A, B and C shall remain in common ownership until Outlot C is further developed. Outlot D shall remain in ownership with proposed Lot 1, Block 2 until Outlot C is further developed. 2. Outlot A is considered an unbuildable remainder parcel and upon developm�nt of Outlot C, Outlot A shall be either combined with Outlot B and proposed Lot 1, Block 1 if Outlots B and D are not used for road purposes, or Outlot A shall be legally combined with propcsed Lot l, Block 2, in the event that Outlots B and D are used for roadway purposes. 3. Outlots B and D are platted for future roadway purposes and shall remain as separate unbuildable tax parcels in private ownership until such time that Outlot C is further develaped. In the event that Outlot C is further developed without a need for use of Outlots B and D as roadway access, then Outlots B and D must be legally combined with adjacent properties. 4. Outlot C is created for future development only, and no building permzts shall be issued for Outlot C until such time that it is replatted into one or more buildable lots. Page 4 of 6 Form 5005 DisN Orom � ��' ITY f O ry O C o ORONO �� e�'�-> � RESOLUTION OF THE CITY COUNCIL � �� '" , % -� �ti rro. �� 2 , '�'�9� O¢�G E8H 5. In the event that Outlots B and D are used as an access road serving a future development in Outlot C, the residences on proposed Lot l, Block 1 and proposed Lot 1, Block 2 shall revise their driveway locations onto said Outlot road•�vay and eliminate direct access to Bayside Road. 6. No additional right-of-way for County Road 84 will be granted although Hennepi�� County has requested it. 7. Payment of park dedication fees and the dedication of additional puUlic easements within Outlots A, B, C and D will not be required until Outlot C is further d�veloped. 8. The residence on proposed J_.ot 1, Block 1 shall be provided with a n�w septic system within the time frame and requirements of the City code. 9. The metal shed located at the northwest corner of Outlot C shall be removed within one year of final plat approval unless a complete formal application f�r subdivision of Outlot C has been submitted by that date. 10. The aforesaid piat shall be filed by the City of Orono with the Hennepin County Recerder's Office on or before May 14, 1995 together with a certified original copy of this rPsolution and executed copies of the easement �acuments r�oted 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. Page 5 of 6 Form 5005 Disk Orono . � ' . 1 � o�' CITY of ORO � � NO �. `�� `�' - RESOLUTION OF THE CITY COUNCIL �, '�`�T�-:�, � No. � � �. ,�, 6 ,� ti ,Z��e�� , ��G E3H Dated thi� 14t1� day of November, 1994. AT ST: � , / , , � o thy M. I a � �, �ity Cler'r� Edward J. Calla n, Jr., � ayar '`- STATE QF MI\TNES01'A ) ) ss. COUNTY GF HENNEPIti ) The fo;eaoin� instr�ment was acknowledged before me en this 14th day of Noti�ember, 1994, b�� Edv�rard� J. Callahan, Jr. & Dorothy M. Hallin. I�Tayor &: City Cle�k of the Citv of Orono, a i�linnesota municipal coiporation and said instrument was executeo �n bel�alf of the City. /�-u �.�-_.. ''l f C. ,�..: Notary Public -, �.I?;�4 S. VEE �-'`, -+ � ..� PUBLiC - MtNNcSOTA ��` -� ,,;.� ��r�ir� courarr 1, _ „r,r��r,i�;sicn exprres 8-12�'8�, .. _.��.s'�-<"�.N-''..,s.o�+w^y�,.A ��-`_. _'_ .-'" . Pa6e 6 of 6 Form 5005 DisN Oroiro :,� � -,; . : . ��'��rr ,� �s�� , �3 l9� AGREEMENT' Robert S. Olson and Margaret �. Olson, fee owners of Lot 2, Block 1, Bayview Farms, and K-P Properties, Inc., contract purchaser of said lot, hereby agree that in the event that portion of Lot 2, Block 1. Bayview Farms shown as Outlot C on the attached Ezhibit A is replatted into buildable parcels aud a roadway is dedicated or reserved within that portion of Lot 2, Block 1, Bayvie�� Farms which is shoR•n as Outlot B on attached Ezhibit A, then the abovc named parties hereby a�ree to deed to Irvin T. GeCfre and Marjorie L. Geffre that portion of Lot 2, Block 1, Bayview Farms sbown as Outlot A on attached Ezhibit A and a portion of Outlot C as shown on E�hibit A bounded by a line described as follows: Beginning at the Northwesterly corner oC Lot 2, Block 1, Bayview farms which is also the Southwesterty comer of Lot 1, Block 1, Bayview Farms; thence I�Torth 89 45' 00" E distance 148.50 feet, thence S 00 45" 00" E- distance 103.00 feet, thence S 89 4�' 00" �'V distance 1�8.�0 feet, thence Northerly a�,on� the w'est line of Lot 2, Block 1, Bayvie�a Farms to the point of be�innina aud there terminating. Irvin T. Geffre and Marjorie L. Geffre, fee owners of Lot 1, Block 1, Bayview Farms, as a consideration for such commitment to deed future Outiot A and parc of future Outlot C, hereby agree to join in the application for platting and any future plat of buildable parcels which proposes such dedicatiou or reservation of Outlot B as access to Outlot C as shown on attached Exhibit .4. Si�ned this �a}' of �-�—, 1994. Robert S. Olson Fee owners of Lot 2, Block I -------- Bayview Farms Margaret '. Olson F:-P Properti�s, Inc. Contract purchaser of Lot 2, ��—�:-- Block 1, Bay��ie«� Farms I3-t,: ��a�//' -��"�-�"�I," president Donald R. Peterson ` `� ��_---�-- - -- -- Irvin T. Geffre Fee ow'ncrs oC Lot 1, Block 1 • � Bayview Farms, their heirs and ----�--`--- -�-'�--` / `� �s s i g n s ;�-Sar�orie L. ffre � ' ( J C� . � • � I � P?�Li��l,��lhP.Y FL,=�,T OF: -' �� B�YVIEti��T FARI�IS �,i�TD ADDITIO�t - � � � i ; CITY 0� C};Q�,O, COUP!TY OF HENNEPIN LOT SURVtYS Co. � � ------ - _ . .___ :.-L,::.—-,;- -_;- ;_: : !a,r�u suRv�'roRc - '- ,� � .-1.` ��..�.�.J�i 1 • f .� I : �A�` :C r.. °9'.vra"��,__'__=._I_:'' v-�unacr.ueuc i i-i" �i. ._/`'.y__/'._� ' .�g' � =�.' / 0.+eiose-: � �.su.cxrivu.L.///n• ��_..��j^; - �. --�/ / f'j�5,, A��: a,.�•��r�:�M. I --- ; �� I � � /.' ' - )P��ra�SHq . _ �~ •� �j T��p x ��` ?\\ �/ Iron�:�i45:1) . 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