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HomeMy WebLinkAboutResolution 2301 ��' �� C•�i� , e' Clt� o� ORONO • � RESOLUTION OF THE CITY COUNCIL � NO. 2301 ' .� ' • - • • A RESOI.DTION GRANTING PRELIMIAIARY APPROVAi. OF A PI,AT FOR LAIdDA1ARK CONSTRUCTIOId, INC. APPLICATIOAT NO. 1171 WHEREAS, Paul D. Swanson, President of Landmark Construction, Inc. (hereinafter "applicant" ) on June 26 , 1987 filed a Class III subdivision application with the City of Orono (hereinafter "City") for approval of a 3 Iot plat of a property legally described on Exhibit A attached to this resolution (hereinafter "the property") and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on July 20, 1987, at which time aIl persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on November 23, 1987, the Orono City Council considered the subdivision application of the applicant, • noting the following findings of fact: � l. The property is located within the RR-lA Single Family Rural Residential and LR-lA Lakeshore Residential Zoning Districts requiring respectively a minimum of 5 acres and 2 acres of dry buildable land within each newly created lot. 2. The property contains a total of approximately 22 acres. Lot 1 contains 7.2 acres of dry contiguous land; Lot 2 contains 2.3 acres of dry contiguous land and Lot 3 contains 2.20 acres of dry contiguous land. 3. All three plat Iots and the existing homestead to the immediate west of Lot 2 shall be served by a private road that shall access from Bayside Road. 4. A single family residence can be constructed on all three lots without the need for further variances. 5. Septic testing has confirmed that Lots 2 and 3 have suitable soils and areas for on-site sewage disposal systems. The wetlands have placed limits on available areas for septic development. Lot 1 has ' not been tested because it contains over 5 acres in area. � 6. A road bed has existed within Lot 1 through the wetlands providing • access to the north and higher elevations. Page 1 of 4 M' ��_: • , � . � Clt� o� ORONO� � • RESOLUTION OF THE CITY COUNCIL fl� NO. 2301 � ' • � • • 7. The riparian outlot cannot be developed as a buildable lot and can only serve as an accessory use. The outlot consists of approximately 420 lineal feet of shoreline. . 8. Lot 1 does not meet the required lot width to the rear of the front yard setback line, the applicant has asked the City to consider the following hardships: ' a) The need to make use of existing road bed that intersects wetlands. b) Minimize tree removal and impact on wetlands. c) Provide feasible grades for drive to house location. 9. Lots 1, 2 and 3 shall be served by a private road tha�t has been designed to minimize the impact of the construction on the surrounding development but yet provide a safe use level for the public. • NOW, THEREFORE BB IT RESOLVBD, 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 of Landmark Construction, Inc. per plat drawing by Coffin and Gronberg, Inc. and further grants a variance to the standard that would require alI lots have frontage on a public road with the creation of the private road and per Section 10.02, Definition 77, grants a width variance to Lot 1 because the lot does not meet the required 300 feet at rear of required front yard and grants a variance and conditional use permit to allow the installation of a private driveway through a designated wetlands within Lot 1 and a variance for a single dock, accessory structure, on a lot that cannot sustain a principal structure, subject to the following conditions: 1. Prior to the issuance of building permits for new construction, the final plat must be filed with either .the Hennepin County Recorder's Office or Registrar of Titles Office, road base installed and approved by City, and, if required improvements are not completed, the applicant must execute a developer's agreement and post a letter, of credit (150� of cost of remaining improvements). 2. Required improvements: A) Private road to be� constructed per standards set forth in ' Section 11.33, Subdivision 4 and 5 for road serving 3-6 Iots except for changes in design recommended by City regarding tlie • placement of curb cut at Bayside Road within road outlot. Engineering plans for road must be submitted for City's approval prior to construction. B) Private driveway through Lot 1 to be constructed per engineering designs submitted by Coffin and Gronberg, Inc. and per recommendations by City Engineer. Pa_qe 2 of 4 r � ' ' . ' . , ' . .. � �.� � � Cit� o� ORONO � � . � RESOLUTION OF THE CITY COUNCIL. � NO. 2301 � , ' . • - • • C) Fencing provided for septic test sites prior to any land alteration. Applicant to contact City inspection staff upon installation of temporary fencing around all septic areas. 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: Final Plat Submittals l. RECORD PLAT drawings in the form of two (2) mylar copies (3 copies if property is torrens) and one (1) copy reduced to 1"=200'. Drawing to include: A) Lot lines platted per preliminary survey. � B) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. . C) Dedication of 66 feet of right-of-way for Bayside Road. D) Designated wetlands and drainageway to be shown .on the plat as "drainage easements" - wetland within Lot 3 at 931.5 el.evation. E) Designate 20' wide drainage easement over drainageway on south side of Bayside Road through riparian outlot. � F) Designate private road, riparian tract `and 20 feet wide driveway tract to western homestead as outlots. , G) Road outlot to be realigned per final determination of City Engineer - please make arrangements with Mabusth and Cook to meet at site to determine final road placement - staff will seek further direction from the County regarding lineal length of road' � that must be prependicular to County road. H) Designate shoreline at 929.4 elevation. I) Designate outlot to serve Lot 1 per attached staff sketch. • 2. LEGAL DOCUMENTS required: A) Title opinion addressed to the City. AlI owners, mo-rtgage holders or others with property interest indicated therein shal I sign the plat and aIl other documents affected by such interest. Page 3 of 4 . • c�t� o� oR,oNo � - RESOLUTION OF THE CITY COUNCIL � NO. � ' • - • • ) The applicant must provide certified copies of all recorded easements currently affecting the property. C) Execution of the following forms and easements required by the City. Please contact the Building & Zoning staff if you have any ques�tions in the execution of these documents: 1) Flowage and Conservation Easement - over all designated . wetlands and drainageway within riparian tract. 2) Underlying Road & Utility Easement over road outlot. 3) Road Maintenance Covenants - if devel.oper has considered other covenants for road upkeep and maintenance of private road, please see that City gets an original executed copy for review and filing with the plat. Please also note this document does not deal with the issue of ownership of the road. . • 4 ) Road Name Request - please see that three choices are submitted. Road name approval is a separate Council action and should be submitted for Council's consideration as soon as possible. � 5) Developer's Agreement - to include aI 1 improvements not completed by final plat approval. Note lot grading or road construction cannot begin until alI grading and revised road plans have been approved by the City. 6) Special Lot Combination - to be executed for Lots 2 & 3 with riparian rights over riparian outlot (designate as an ou�tlot). Dockage shall be limited to a single dock not to exceed 4 slips. 3. FEES TO BE PAID: Total Due $400.00 A) Park dedication fee per current schedule: $100.00 for Lot l. b) Final plat fee - $150.00 ' c) Fi ling fee for plat and associated documents - $150.00. , Adop�ed by the City Council of the City of Orono, Minnesota at a � � � regular meeting held November 23, 1987. • . � ` � ,� / 0 � Edward Callaha Acting Mayor ATT T: `�� � . orothy M Hallin, City Clerk ` - � " � __�. . . _ Paqe 4 ,of_4_ ------�-�- _ - __. . . .