HomeMy WebLinkAboutResolution 567741-1
k-ATY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 567^
A RESOLUTION GRANTING PRELIMINARY
APPROVAL OF A CLASS II SUBDIVISION FOR
PROPERTY LOCATED AT 3045 SUSSEX ROAD
FILE NO. 07-3313
WHEREAS, "Theodore Zieman and Betty Zieman, husband and wife, (hereinafter the
"Subdividers") on August 21, 2007, filed a formal subdivision application with the City for
approval of a two lot residential plat of property legally described as Lots 5 and 6, Block 2, and
that part of Lot 3, Block 2 lying easerly of a line and its extensions, said line being drawn from
the most westerly corner of said Lot 6 to an angle point in the East line of said Lot 3, said angle
point being the point 100.00 feet westerly of the most easterly corner of said Lot 3, all in Block 2
Fox Bend, Hennepin County, Minnesota (hereinafter "the Property"); and
WHEREAS, 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
Planning Commission held a public hearing on September 17, 2007, at which time all persons
desiring to be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, at their regular meeting held on October 8, 2007 the Orono City Council
considered the subdivision application of the Subdividers noting the following findings of fact:
The property is located within the RR -1B One Family Rural Residential Zoning District
requiring a minimum of 2 acres of contiguous dry buildable land within each newly
created building lot.
2. The property contains a total of approximately 4.86 acres of land; approximately 0.54
acre of which is delineated wetland.
3. The property was originally two lots. The two lots were combined to allow a tennis court
to be constructed on the second lot. Fees for both lots were paid with the original plat.
4. The proposed plat consists of two residential lots, each meeting the minimum lot standard
requirements of the RR -1B, One Family Rural Residential Zoning District.
5. A single family residence currently exists within proposed Lot 2. The subdivision of the
property would not create any violations of zoning code regulations for this house.
Proposed Lot 1 is vacant.
Pagel of 3
C - l k Y GF ORONO
RESOLUTION OF THE CITY COUNCIL
a
NO. 67
6. Proposed Lot 1 will be served with a septic system and private well. Primary and
alternate septic sites meeting all pertinent standards have been identified for this lot.
7. Lot 2 will be served by a septic system and a private well. The existing septic system has
been certified to comply will all pertinent standards. An alternative septic system site
meeting all pertinent standards has been identified for this lot.
8. Both lots will access from Sussex Road.
NOW, THEREFORE, BE IT RESOLVED, that based on the findings noted above, the
City Council of the City of Orono hereby approves the preliminary plat application of Theodore
Zieman and Betty Zieman per preliminary plat drawings by Mark Gronberg dated July 25, 2007,
subject to the following conditions:
The developer shall grant to the City 5 foot drainage and utility easements along
perimeter property boundaries and 5 foot drainage and utility easements along all interior
property boundaries.
2. Subdividers shall execute a Flowage And Conservation Easement And Restrictive
Covenant For Wetland And Wctland Buffer for the wetland and wetland buffer in Lot 2.
3. The tennis court on Lot 1 will be removed before the final plat is released for filing.
4. Subdividers are hereby advised that preliminary subdivision approval will expire on
October 8, 2008, one year from the date of City Council approval. Should the
Subdividers fail to complete the filing of the final plat application within the year
deadline, it shall be necessary for the Subdividers to file a new preliminary subdivision
application with the City.
Final Plat Submittals:
The following list of final submittals must be submitted to the Zoning Administrator four
weeks prior to the regularly scheduled City 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 (one copy for the City's records
and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'.
Drawings to include:
Page 2 of 3
ITy 1"F ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 677
a. Lot lines platted per the approved preliminary plat.
b. Perimeter drainage and utility easements as noted above.
c. A drainage easement over the delineated wetland.
d. The name 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. Certified copies of all recorded easements currently affecting the property.
c. Signed and executed Flowage and Conservation Easement over the wetlands and
buffer.
3. Completed application and application, legal review and filing fees of $530.00.
4. Executed Flowage And Conservation Easement And Restrictive Covenant For Wetland
And Wetland Buffer for the wetland and wetland buffer in Lot 2.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held
October 8, 2007
ATTEST:
Linda S. Vee, City Clerk James M. White, Mayor
Page 3 of 3
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 8, 2007
*5. #05-3152 JAMES D. MACIONNON, 3500 WATERTOWN ROAD — REQUEST FOR
SECOND EXTENSION OF PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 5674
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5674, a Resolution Granting a
Second One -Year Extension to the Effective Period of Preliminary Plat Approval Established Per
Resolution No. 5421. VOTE: Ayes 4, Nays 0.
6. #07-3298 875 WBW, LLC, 875 WAYZATA BOULEVARD WEST — FINAL
PLAT/RPUD, REZONING/COMPREHENSIVE PLAN AMENDMENT — RESOLUTION NOS.
5675 and 5676 AND ORDINANCE NO. 39, THIRD SERIES
Steve Johnston, John Terrance Homes, and Dave Carlson, WBW, LLC, were present.
Gaffron stated the applicants are requesting final approval of a PUD General Development Plan and
Final Plat approval, RPUD rezoning, and a comprehensive plan amendment. The applicants have
completed the majority of the items outlined in the Planner's Report, with only a few administrative
items remaining outstanding.
The issue of approval by Wayzata for the sewer and water plans has been resolved and the applicants
are awaiting the agreement between the two cities to be finalized that will approve the applicants'
physical plan, which is not necessary to have in hand prior to approval by the Orono City Council. The
City has received the escrow agreement and escrow deposit and a letter from the bank indicating that
they would be providing the letter of credit.
Gaffron stated he is satisfied that the documents are in final form and the applicant would be signing
those in the near future. Gaffron recommended the plat and final documents not be released for filing
until all of the administrative items are completed.
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5676, a Resolution Granting
General Development Plan Approval for Planned Unit Development No. 6 for Orono Villas, LLC,
and Approving the Plat of Orono Villas — File No. 07-3298. VOTE: Ayes 4, Nays 0.
McMillan moved, Murphy seconded, to adopt ORDINANCE NO. 39, THIRD SERIES an
Ordinance Amending the Municipal Code of Orono and Amending the Official Zoning Map by
Rezoning Certain Properties from RR -111, Single Family Rural Residential District, to RPUD,
Residential Planned Unit Development District, and Adding Section 78-1012 Regarding Planned
Unit Development No. 6. — File No. 06-3225/07-3298. VOTE: Ayes 4, Nays 0.
Rahn moved, White seconded, to adopt RESOLUTION NO. 5675, a Resolution Approving
Amendment #3 of the 2000-2020 City of Orono Community Management Plan. VOTE: Ayes 4,
Nays 0.
Murphy moved, Rahn seconded, to authorize Mayor James White and City Clerk Linda Vee to
execute PUD -6 Agreement. VOTE: Ayes 4, Nays 0.
y[ *7. #07-3313 THEODORE E. AND BETTY L. ZIEMAN 3045 SUSSEZ ROAD —
_ SUBDIVISION — RESOLUTION NO. 5677
MurRhy moved McMillan seconded,to adopt RESOLUTION NO. 5677, a Resolution Granting
Preliminary Approval of a Class H Subdivision for Property Located at 3045 Sussex Road.
VOA- AvPQ d_ NAve n
PAGE 2 of 10