The URL can be used to link to this page

Home My WebLink AboutResolution 3201 k . �r� ;---^-;y' d r�r ; � �� o . o � � C ITY of ORONO '•,, b � A � r� � �� G'�' RESOLUTION OF THE CITY COUNCIL �kESHOg' NO. 3 2 01 � A RSSOLDTION GRANTING PRELIMINAItY APPROVAL OF A TWO LOT PI.AT FOR TH$ PROPERTY LOCATSD AT 255 LANDI�iRR DRIVE FILS NO. 1764 WHEREAS, Austin Evans (hereinafter "the applicant") on August 28, 1992 filed a formal subdivision application with the City of Orono (hereinafter "the City") for approval of a 2 lot residential plat of property legally described as Lot l, Block l, Bayside Landing, Hennepin County, Minnesota (hereinafter "the property"); and WH$REAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 21, 1992 and October 19, 1992, at which times all persons desiring to be heard concerning this application were given the opportunity •to speak thereon; and WH$REAS, at their regular meeting held on November 9, 1992, the Orono City Council considered the subdivision application and noted the following findings of fact: l. The property is located within the LR-lA Single Family Lakeshore Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. Because the property is served with municipal sewer as part of the Stubbs Bay Municipal Sewer Project, the applicant is proposing to use 0.80 acres of wetland area defined as "f lood fringe" as credit towards the required 2 acre dry buildable area requirement, as allowed in Zoning Code Section 10.55, Subd. 15 (A) (3) . 3. The property contains a total of approximately 6.45 acres. Both the proposed residential lots meet the 2 acre area requirement as follows: Lot 1 = 2.06 acres dry Lot 2 = 1.20 acres dry plus 0.92 acres creditable f lood fringe; Total = 2.12 acre� Page 1 of 6 � • . � , ,;� ' . � . r � O� • O . O � �d. - C ITY of ORONO � � �� G�'� RESOLUTION OF THE CITY COUNCIL ��k'ESH��`'� NO. 3 201 4. Both lots are served with municipal sewer. The property was assessed one sewer unit as part of the Bayside North sub-area within the Stubbs Bay Sewer Project. A second sewer unit will be collected as a connection charge at the time of construction on Lot 2. 5. Proposed Lot 1 is intended to be accessed via a driveway from Landmark Drive. Proposed Lot 2 is intended to be accessed via a driveway directly onto Bayside Road (County Road 84 ). The existing direct driveway access from Lot 1 to Bayside Road is intended to be eliminated. No additional right-of-way is required for Bayside Road. . 6. The existing conservation and f lowage/drainage easement over the designated wetlands on the property will remain in effect. 7. The City wi 11 require granting of a continuous 10' bike trai 1 • easement over the south 10' of the property adjacent to Bayside Road, in addition to the standard park fee less the value of said trail easement. 8. Both newly created lots have been found to meet the standards of Ordinance No. 101, 2nd Series , An Ordinance Establishing Regulations for the Management of Shorelands within the City. A1 1 proposed structures shal 1 meet the required 75' setback from the 929.4 creek elevation, said creek being considered for setback and hardcover purposes as contiguous with Stubbs Bay. All proposed structures shall further meet the required 26' setback from the wetlands, the boundary of said wetlands defined as coincident with the boundary of the existing conservation and f lowage easement, shown as a drainage easement on the underlying plat of Bayside Landing. 9. Both lots have been found to meet the minimum standards of the LR-lA Lakeshore Residential Zoning District, and a single family residence can be constructed on each lot without the need for variances. • 10. Only Lot 1 shall be granted lakeshore access via Outlot A of Bayside Landing. Lot ? shall have no riparian access rights via Outlot A. � • Page 2 of 6 , r• ; � O� • O O - n. � CITY of ORONO .� . � ti �� G�' RESOLUTION OF THE CITY COUNCIL �kESH�g' NO. 3 2 O l NOW, TH$REFOR$ BE IT RESOLV$D, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the prelimina_ry plat application of Austin Evans per the survey dated 8-28-92, revised 9-18-92 and 10-8-92, by Mark S. Gronberg of Coffin and Gronberg, Inc. subject to the following conditions: l. Lot 1 shall gain access via Landmark Drive and shall remain subject to the covenants and obligations associated with that private road. The existing driveway a.ccess from Lot 1 onto Bayside Road shall be regraded to the satisfaction of the City to eliminate all future access at that location before a building permit wil 1 be issued for Lot 1. Lot 2 shall gain access to County Road 84 subject to submission to the City of an approved Hennepin County driveway access permit prior to final plat approval. • 2. The underlying conservation and flowage easment shown as "drainage easement" on the plat of Bayside Landing shal 1 remain in effect over both Lots 1 and 2. 3. Lot 1 is granted lakeshore access via Outlot A of Bayside Landing and shall be subject to the existing covenants and restriction regarding said outlot. Lot 2 shall have no lake access via Outlot A. Applicant is advised that Outlot A may not be used for parking of motor vehicles per the conditions of the covenants and special lot combination documents governing said outlot. � 4. The existing building foundations on proposed Lot 1 shal 1 be removed within 6 months of the date of final plat approval, or prior to issuance of a Certificate of Occupancy for a new residence on Lot 1, whichever comes first. 5. A 11 construction shal 1 be within the building envelopes defined on the preliminary plat drawing dated 8-28-92/revised 10-8-92. 6. The extent of grading and filling that will be allowed for any residence developed on Lot� 2 shal 1 be regulated by the pertinent requirements of Municipal Code Section 10.03, Subdivisions 19,. 20 and 21. ' • � Page 3 of 6 � ' >� ' : ' � O� • O � O �d. � CITY of ORONO � � �., ti �� G�' RESOLUTION OF THE CITY COUNCIL �kESHOg' NO. 3 2 O 1 7. Applicant shall grant the standard drainage and utility easements along all lot lines (10' along exterior lot lines, 5' along interior lot lines ) . 8. Applicant shall grant to the City a 10' bike trail easement over the south 10' of the property adjacent to Bayside Road, and shall additionally pay the standard park fee less the value of said trail easement. 9. The previous one unit sewer assessment as part of the Bayside North sub-area of the Stubbs Bay Sewer Project shall be assigned to Lot 1. One unit connection charge as part of the Stubbs Bay Northwest sub-area shall be paid for Lot 2 at the time building permit is issued for Lot 2, in an amount according to the City fee schedule at that time. FINAL PLAT SUBMITTALS • 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: l. 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 Coffin and Gronberg, Inc. dated 8-28-92/rev ised 10/8/92. B. Dedication of drainage and utility easements 10' wide along all perimeter property lines and 5' each side of internal property lines - omit along the creek and wetlands. � C. Designation and dedication of a drainage easement over the wetlands and drainageways within Lots 1 and 2 per the , underlying conservation and f lowage easement dedicated with the plat of Bayside Landing. The conservation and f lowage easements shall be carried on and documented in any documents that transfer title to the property. Page 4 of 6 • 1 � � �, I O� • O O �b. - CITY o� ORONO �a � �., ti �� '�' RESOLUTION OF THE CITY COUNCIL �kESHO� NO. 3 2 01 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 al 1 other documents affected by such interest. B. The applicant must provide certified copies of al 1 recorded easements currently affecting the property. C. Executed bike trail easements, City to provide document. 3. FEES TO BE PAID: Total Due $200. 00* A. Legal review and filing fees of $200. 00 . *B. Park Commission has determined that a park fee will be required in addition to dedication of the bike trail easement. The City Assessor has been asked to determine the fair market value of the undeveloped lands within the subdivision so that a park dedication fee can be determined. The park fee shall be adjusted to exclude the value of the bike trail easement. Applicant will be advised as soon as Rolf Erickson, the City Assessor, has submitted his findings. � � Adopted by the City Council of the City of Orono, Minnesota at a reg lar meeting held this 23rd day of November, 1992. � ATT ST: ' / �, . ' , 0 othy allin, City Clerk Barbara A. Peterson, Mayor � � ; Page 5 of 6 � � � � , ° � `\ 1 ♦ L�5 � ' �..S a ' - � � O� O O � ��b� � CITY of ORONO � � ti �� G�' RESOLUTION OF THE CITY COUNCIL �kESH04 Np, 3201 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of November, 1992, by Barbara A. Peterson & 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. _ ` � ��1L� Nota y Public q LINDA S. VEE NOTARY PUBLIC - MINNESOTA � _ HENNEPIN COUNTY My commissian expires 8-12-98 Page 6 of 6 �