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Home My WebLink AboutResolution 3224 r , . . '� � O� ' O .. O CITY of ORONO . �'�,e�=� RESOLUTION OF TI� CITY COUNCIL `' 3224 ��,', � � �S NO. ^ a�;;� ) � ��9� og�G Es8 A RESOLUTION GR,AN'PING PRELIMINARY APPROVAL FOR A PLAT AT 1385 FOX STREET ' - FILE NO. 1779 WHEREAS, Andrew J. Goetten, on October 23 , 1992, filed a formal subdivision application with the City for approval of the two lot residential plat of property legally described as : That part of Lot 3, Section 2, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows : Commencing at the Northwest corner of Lot 3 aforesaid and running thence East 720 feet to the Northerly line or side of right of way of the Minnetonka Branch of the Great Northern Railway, thence Southwesterly .along the .Northerly line or side of said � right of way, 827. 05 feet to the West line of Lot 3 aforesaid; thence North 423 .1 feet to place of beginning, � the boundaries of which tract of land have been marked by three judicial landmarks placed at the most Easterly corner of said tract of land at a point in the Southwesterly line and at a point in the North line where � said lines. are intersected respectively by a line parallel to and 33 feet east� of the West line of said lot . Also ,that part of the West 33 feet �of Lot 3 , Section 2, Township 117 North, Range 23 West of the 5th Principal , Meridian lying Southerly of County Road No. 7, the boundaries of which tract of land have been marked by four judicial landmarks placed at the Northwest corner and the Northeast corner, respectively, of said tract of land, and at a point in the Westerly line thereof 288 .3 • feet South � along said line from said Northwesterly corner, and in the East line thereof at a point 275 .4 feet South of the Northeast corner thereof. (hereinafter "the property") ;. and � Page 1 of 6 � - . , . Fam5005UiskOmno , • ` �• ' . � O� . O ; Q CITY of ORONO : • \� �:'" '-"� RESOLUTION OF TI� CITY COUNCIL , � � :� - ,� y -a,� y�, NO. 3224 . ��9� o��G ESII WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462 .38 et. seq. and the City of Orono' s Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on November 16, 1992, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and .� WHEREAS, at thei� regular meeting held on December 14, 1992, the Orono City Council considered the subdivision application of .Andrew J.� Goetten, noting the following findings of fact : 1. The portion of the property proposed for subdivision is located within the RR-1B Single Family Rural Residential Zoning District requiring a minimum of two acres of contiguous dry buildable land within each newly created lot . . 2 . The property contains a total of approximately 3 . 66 • acres, of which 3 . 01 acres is contiguous dry buildable land exclusive of 33 feet of right-of-way for Orono Orchard Road, wetlands, and the non-contiguous portions south of County Road 15 . � � 3 . The proposed plat contains two lots, � Lot 1 consisting of . , 1 . 78 dry contiguous acres plus 0 .23 acres located south of County Road 15 for a total of 2 . 01 acres and Lot 2 consisting . of 1 . 23 dry contiguous acres. Lot 1 requires a variance to allow + credit for. non-contiguous area. Lot 2 requires a lot area � variance. These variances have been granted per the findings and conditions, of �Resolution No. 3223 of the City Council . 4 . Each of Lots l and 2 abuts a public roadway open to � traffic, and each lot contains the required 200' lot width requirement as measured at the rear of the 50' front yard setback line. . 5 . Lot 2, containing an existing residence, is within tlie Metropolitan Urban Service Area (MUSA) and is provided with municipal sewer as part of the 1980-1 Minnetonka Bluffs� Sewer Project . Lot . l, currently vacant, will not be served with municipal sewer, is outside the MUSA, and has been confirmed as having acceptable primary and alternate drainfield sites. • Page 2 of 6 � ' . . . Fam 5005 Disk Orono , .� ;. .' � O� O ,. O CITY of ORQNO • � ?'� '"� RESOLUTION OF THE CTTY COUNCIL . �. - � `� F , 3224 � � .� G NO. ti �`9kESI;�g'� . 6 . A City designated wetland occurs within the property at two locations along the southeast border of the property. A • conservation and flowage easement will be required over these wetlands . 7 . 33 ' of right-of-way for Orono Orchard Road will be dedicated within� the plat. A small triangular portion of land shall similarly be dedicated as right-of-way for Orono Lane, from the portion of property located south of County Road 15 . • 8 . No additional right-of-way will be dedicated for Fox Street . No upgrade of the existing Fox Street roadway will be required as part of this subdivision. 9 . Lot 2 shall continue to gain�access from Fox Street . Lot 1 shall be allowed access eitYter on Fox Street or Orono Orchard Road (but not from both roadways) at a location to be • approved by the Public Works Department . 10 . The portion of property located south of County Road 15 and Orono Lane shall be platted as Outlot A, and shall be maintained in common ownership with Lot 1 as residential •lake access for Lot 1, and shall be subject to a Sepcial Lot Combination to be filed on the Chain of Title of Lot 1 and Outlot A. . 11 . Lot 1 has been demonstrated to contain suitable primary arid alternate drainfield sites to serve a proposed single �, family residence. Such a residence can be constructed on Lot � 1 without the need for additional variances . NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for Andrew J. Goetten at 1385 Fox Street per the survey dated 10-29-92, revised 11-5-92, by Coffin and Gronberg, Inc. , subject to the following conditions : 1 . Variances will be granted for lot area for Lot 2 and non- � � contiguous area credit for Lot 1 per the findings and conditions of Resolution No. 3223 of the City Council . • . � . Page 3 of 6 � r«�wos a�o� , , . -' ' •� � ��' ITY of O O : O . � ORON � �`��'T� RESOLUTION OF THE CITY COUNCIL � �� .::. � „� . �b� �, NO. .3 2 2 4 ti �� og�G � ESS . 2 . Lot 1 shall be granted access on either Fox Street or Orono Orchard Road (but not on both roads) at a location to be approved by the Public Works Department . 3 . A dedication of 33 ' right-of-way for Orono Orchard Road shall be indicated on the plat drawings. 4 . A triangular portion of Orono Lane shall be dedicated for Orono Lane right-of-way on the plat drawings. ' 5 . Applicant shall execute a Conservation and Flowage Easement over the wetlands located in Lots 1 and 2, and such easement shall be shown on the plat drawings as "drainage easements" . 6 . Standard drainage and util.i�ty easements shall be granted, . along interior and perimeter lot lines . � 7 . The subdivision' shall be subject to the standard park fee. 8 . The lake access parcel located south of County Road 15 and Orono Lane shall be platted as Outlot A, and �shall be maintained in common with Lot 1 as residential lake access � for Lot 1, subject to a Special Lot Combination resolution to be filed in the Chain of Title of both Lot 1 and Outlot A. . 9 . The city shall have the judicial landmark at the east end of the property replaced to its correct location. � 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 prelimiriary survey by Coffin and Gronberg, Inc. dated 10-29-92, revised 11-5-92 . B. Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side • of internal property lines. Page 4 of 6 r�soos w�a�» ^' �. i�' � � O� O :. O CITY of ORONO • � �;:=� RESO�.UTION OF THE CITY COUNCIL a! ��' ��3.�.:. � � �, �. �� F, NO. 3224 . Y � ��9� og�G ESS C. Designation of the wetlands in Lots 1 and 2 as a drainage easement on the plat drawings . � 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. Signed and executed Conservation and Flowage Easement document; blank area requiring description may be filled out as follows : . • "Over the drainage easements as shown on the plat of ( plat name ) " . D. Special Lot Combination resolution for Lot 1 and Outlot A (City to draft) . 3 . Fees to be paid: Total due : 5200 . 00* A. Legal review and filing fees = $200 . 00 . B. *Park Commission shall accept park fee in lieu of lands . 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. 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 regular meeting held this llth day of January 1993 . • Page 5 of 6 � F�soos ow�a� r . �� ', .,: %:+. ♦• . Y y�, � O� O ,. O CITY of QRONO • �r.=� RESOLUTION.OF THE CITY COUNCIL � �. � �,, � �, NO. 3224 ti �d, 'y, ��9� og�G ESH ATT ST: . . . / � I r orothy M allin, City Clerk E ward J. C�11"ahan, Jr. , yor � STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this llth day of January 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City clerk of the City of Orono, a Minnesota municipal corporation and said instrum�nt was executed on behalf of the City. � • � ��Q� ,� LINDA S. VEE No t a Pub 1 i c . NOTAHY PUBLIC - MINNESOTA � HENNEPIN COUNTY � My commisslon expires 8-12-98 • Page 6 of 6 " r.msaos a�o�