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A RESOLDTION GRANTING
PRELIMINARY PLAT APPROVAL FOR A
PROPERTY LOCATED AT 160
OLD CRYSTAI� BAY RO1�D
APPLICATION #1026
WHEREAS, Michael J. Hilbelink and John Vogt on April
25, 1986 filed a formal subdivision application with the City for
approval of a three lot plat of a property legally described as
follows:
The North 5.41 chains of the west 14.81 chains of the
Southwest 1/4 of the Southeast 1/4 and the east 30.46 rods
of the west 14.81 chains of the south 58.36 rods of. the
. Southwest 1/4 of the Southeast 1/4 of Section 33, Township
118, Range 23, Hennepin County, Minnesota. EXCEPT unplatted
roads, (hereinafter "the property"); and
6�HSR$AS, after due published and mailed notice in
accordance with Minnesota Statutes 462.358 et. seq. and the City
� of Orono Zoning and Subdivision Codes, the Orono Planning
Commission held a public hearing on May 19, 1986, at which time
all persons desiring to be heard concerning this application were
given the opportunity to speak thereon; and .
WHER$AS, at their regular meeting held on June 23,
1986 , the Orono City Cou-ncil considered the subdivision
application of Michael J. Hilbelink and John Vogt (hereinafter
"the applicants") citing the fol lowing findings:
1. The property is located within the RR-1B rural
residential zoning district requiring a minimum of 2 acres
of dry contiguous land within each newly created lot.
2. The property consists of a total 18.486 acres of dry
land. Lot 1 contains 3.115 acres, Lot 2 contains 6.715
acres and Lot 3 contains 8.657 acres.
3. All existing structures on Lot 1 meet the required
setback from all proposed lot lines. ..
4. Lot 2 shall achieve access via a shared temporary
driveway with Lot 3 via a designated road outlot.
5. The City Engineer has confirmed that the location of the
• 50 foot wide road outlot at Watertown Road satisfies the 40
MPH sighting standard and will provide no potential hazards
for the public who use the access corridor or Watertown
Road.
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6. A single family residence can be constructed on Lots 2
and 3 without the need of further variances.
7. Septic testing has confirmed that Lot 1 has adequate and
suitable area for future septic expansion.
8. The property is surrounded by large acred tracts with a
single residence on each tract.
9. Per Section 11.02 General Provision of the Subdivision
Regulation's Chapter, the City Council shall be guided by
the following Policies and Purposes:
CHAPTER 11 . . .
• SOBDIVYSION REGQLATION (PLA7.'TING)
SECTION 7.1.01. C�AP�'ER ESTABLISHED. Subdivision and platting
of land in the City shall be regulated as follows:
S�C. ].1.02. GENSRAL PROVISIONS.
Subd. 1. Policy.
A. It. is hereby declared to be the policy of the
City to consider the subdivision of land and the subsequent
development of subdivided land as subject to the control of the
City pursuant to the official Comprehensive Municipal Plan of, the
City and this Chapter for the orderly, planned, efficient, � and
economical development of the City.
B. Land to be subdivided shall be of such charac•ter
that it can be used safely for builc3ing purposes without danger to
health or peril from fire, flood, or other menace. Land shall not '
be subdivided until available public and private facilities and •
improvements exist .and proper provision has been made for drainage,
water, sewerage, and capital improvements such as schools, parks,
recrea�ion facilities, transportation facilities and other public
improvements.
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C. The existing and proposed public and private
improvements shall conform to and be properly related to the
proposals shown in the Comprehensive Municipal •Plan of the City and
it is intended that this Chapter shall supplement and facilitate
the enforcement of the provisions and standards containea in �he
official controls and Comprehensive Municipal Plan of the City.
• Subd. 2. Purposes. This Chapter is adopted for the
following purposes: �
A. To protect and provide for the public health,
safety, and general welfare of the City and to prevent harm to the
public health, safety and general welfare.
B. To guide the future growth and development of
• the City in accordance with the Comprehensive Municipal Plan.
C. To provide for adequate light, air, and privacy,
to secure safety from fire, flood, and other danger, and to preven�
overcrowc3ing of the land and undue congestion of population. .
D. To protect the character of the land to be
divided as well as the sur-rounding lands and the social and
economic stability of all parts of the City and to encourage the
orderly and beneficial development of all parts of the City.
E. To protect and conserve the value of lancl
throughout the City and the value of structures and other improve-
ments upon the lanc7, and to minimize the conflicts among the uses
of land.
F. To guide public and private policy and action in
order to provide adequate and efficient transportation, water,
sewerage, schools, parks, playgrounds, recreatioh and other public
requireme.nts and facilities.
G. To provide the most beneficial relationship
between the uses of land and buildings and the circulation of
traffic throughout the City having particular regard to the
avoidance of congestion in the streets and highways, and the
pedestrian icraffic movements appropriate to the various uses of
• land and buildings, and to provide for the proper location and
width of streets and building lines.
H. To establish reasonable standards of design and
procedures for subdivisions and resubdivisions, in order to further
the orderly layout and use of land; and to insure proper legal .
descriptions and monumenting of subdivided land.
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''���•�:.�'%�- I. To insure that public and private facilities are
available and will have a sufficient capacity to serve the proposed
subdivision.
J. To prevent the pollution of air, streams, ponds,
wetlands, Lake Minnetonka and other bodies of water; to provide
�easonable access to public waters; to assure the adequacy of
drainage facilities; to safeguard the water table; and to encourage
the wise use and managemEnt of natural resources throughout the
City to prevent their misuse, abuse �and overuse an.d in order to �
•preserve the integrity, stability, and beauty of the community and
the value of the land. I
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10. The City Attorney, Kathleen Blatz, in a memo dated May
11, 1986, addressed the issue of whether the City had the
authority to design street patterns through proposed subdi-
visions or prospective subdivision.
• The City may plan for the development of streets
without adopting an official map setting forth the
same. While Minnesota Statutes recognize that
official maps are tools to effectuate the
implementation of a comprehensive plan, the .
statutes do not require their use for the planning
of streets. .
Should the City choose to address future traffic
patterns and their effect on the City by adopting
plans laying out streets and roads, it would be
advisable that the plan be adopted in an orderly,
schematic way. Specifically, the City should avoid
the appearance that the requirements for roads are
simply piecemeal decisions for the City, and not
based on any coherant plan.
NOW, THER$FORE, BTs IT RESOLVLD, that based upon either
one or more of the findings noted above, the City Council of the
City of Orono hereby approves the preliminary plat application of
Michael J. Hilbelink and John Vogt involving the property
located at 160 Old Crystal Bay Road per the amended preliminary
plat drawings by Phillip A. Nelson dated May 17, 1986, and
further grants a street frontage variance for Lot 2 with the
creation of a private road to serve said lot subject to the
• following conditions:
1. Applicants must dedicate right-of-way for Old Crystal Bay
Road and Watertown Road.
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2. Applicants shall provide a 50 foot wide outlot with 100
foot diameter cul-de-sac for future private road development
an the plat. �
3. The City finds that a commitment for a future north/south
through road to connect with a future extension of Woodhaven
Drive to the north of the subject property is not necessary
at this time based on the current level of development and
density. Applicants are placed on notice that all lots
created with future subdivision of this property must be
served by road Outlot A. Council further advises that
Outlot A shall serve as future access for all lots created
by future subdivisions of Lot 2, Hallson Estates.
The fol lowing list of final submittals must be submitted to
• the Zoning Administrator two weeks prior to the regularly sche-
duled Council meeting on the second and fourth Monday of the
month:
Final Plat Submittals
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 preliminary survey with staff
amendments (see attached sketch).
b) Dedication of right-of-way for Old Crystal Bay and
Watertown Roads.
c) Dedication of "drainage and utility easements" 10' wide
along all perimeter property lines and 5' each side of
internal property lines.
d) Designate 50 foot wide outlot along the east property
lines of Lots 2 & 3 with a 100 foot platted cul-de-sac (see
staff sketch attached).
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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 propertg. �
c) Executed road and utility easement (see sample enclosed)
granted to City over road outlot; legal description to be
filled out as follows:
Outlot A plat name, Hennepin County, Minnesota.
d) Executed covenants for the upkeep and maintenance of
future private road. Council has asked that these covenants
also address future participation under covenants of
• properties not included in the subject property.
3. FEES TO BE PAID: Total Due $500.00
a) Park Dedication Fees per current schedule, calculated as
follows :
$100.00 each for Lots 2 & 3, Total fee of $200.00
b) Final Plat Fee of $150.00
c) Filing Fee for plat and associated documents $150.00
Adopted by the Orono City Council on this 25th day of
August, 1986.
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thy M. allin, City Clerk Mary C. utler, Mayor
, Tim Ad 4ns, Acting Mayor
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