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Home My WebLink Aboutltr to homeowner re setbacks (� CtTY OF U ORONO ;ri, �� /� _ March 6, 1998 Scott Brooks MAR 9 1998 1438 Surrey Alcove Woodbury, MN 55125 � Office: (612)540-5139 Home: (612)730-1807 Mr. Mike Gaffron City of Orono PO Box 66 Crystal Bay, MN 55323 Mr. Gaffron, This 1etter is in response to our phone conversation on March 6, 1998 pertaining to Lot 5 of Shadowood Farm. The address of this lot, according to the Edina Realty, is 1120 Cox Farm Road. I am considered to be the purchasing party of the land and have earnest money down for the purchase of the land. In order for the lot to be suitable for my home plans, I am requesting a letter from the City of Orono that would indicate that the city will adhere to the setback of 30 feet for the south lot line. This is the lot line that separates Lot 5 from Lot 6 in Shadowood Farm. Since the driveway will be coming from the West side of Lot 5, the south lot line should be considered a side ]ot line and have the 30 foot setback like the rest of the lots in the development. Apparently, the reason for the discrepancy in the setbacks was due to an oversight of where the driveway for Lot 5 was to be located. This oversight had the driveway coming off of County Road 6, the north side of the lot. Thus, the south side of the lot was considered the back side and had a 50 foot setback. Your help in this matter is appreciated. Due to the purchasing agreement, the requested letter needs to be in my possession by March 27, 1998. Again, thank you for your time concerning this matter. Sincerely, ;__ \__.. � �� < <�� Scott Brooks � MAR—�4-98 WED 13:49 FULLERTON G 0 FAX N0. 6123396459 P, 03 I . i Vl�+J �1/I I i `J.�{0 �~ � � � Ob , Ub � 3 c�r . 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O� / � � - 1 � �' �� ; n ,,�' � � � O� ' O O �� ; _ ' CITY of ORONO i! ,� A��a�j�L , � ti Municipal Offices �\ �� `I,�� C F�� G� .� , ;��,, �A .� Street Address: Mailing Address: `9kEsH�g' 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 March 18, 1998 Scott Brooks 1438 Surrey Alcove Woodbury, MN 55125 Re: Setback requirements, Lot 5, Block 1, Shadowood Farm Dear Mr. Brooks: This letter is in response to your March 6letter requesting a formal revision of the required setback distance for the southerly boundary of Lot 5, Block 1, Shadowood Farm, from 50' to 30'. When we initially talked on March 6, I indicated I was fairly certain that the revision could occur at a staff level (since the preliminary plat depiction appeared to be an error in interpretation) but I would have to review the subdivision files to determine whether the setbacks as shown on the preliminary plat were formally approved. After review of the files, including the plat approval resolutions, and a lengthy discussion with other staff inembers, we concluded that the south line of Lot 5 was indeed officially considered and approved as its rear line requiring a 50' setback, based on the following: 1. By Zoning Code definition, a front lot line is "that boundary of a lot which abuts an existing or dedicated public street...". The north line is the only lot line on Lot 5 that abuts a nublic street. For lots that have no public road frontage, the private road frontage is commonly considered as the front. 2. At the time of platting, a farm house and outbuildings existed on Lot 5 with their primary access to County Road 6, and oriented such that the north side of the lot clearly was the front yard. By definition, the front yard is that yard abutting the front lot line. Telephone (612) 473-7357 • FAX 473-0510 Scott Brooks March 18, 1998 Page 2 3. By Zoning Code definition, a rear lot line is "that boundary of a lot which is opposite the front lot line"; the south lot line is clearly the only lot line fitting that description. 4. By definition'lot width' is measured "at the rear of the required front yard", i.e. at the 50' setback from the front lot line. The lot width as measured between the east and west lot lines 50' back from the north lot line, easily met the 200' standard. But the width as measured along the 50' setback from the cul-de-sac was/is only about 140'. If the lot line abutting the private cul-de-sac had been considered as the front lot line, a variance for lot width for Lot 5 would have to have been granted at the time of subdivision. But no lot width variance was granted for Lot 5,even though one was granted for Lot 6. The conclusion is that the front lot line of Lot 5 was indeed formally considered to be the line abutting County Road 6. 5. The preliminary plat approval resolution specifically references the preliminary plat drawings in approving the layout of the plat. 6. The Zoning Code does not provide for a re-definition of setbacks or defined yards simply by virtue of access location; even though your driveway and your address would be on Cox Farm Road, the defined 'front' of your lot is still County Road 6. 7. If Cox Farm Road had continued north to County Road 6, Lot 5 would have been a corner lot, and the west boundary would have been considered the front because, by definition,the short side of a corner lot is considered as front. In that case,your south line would have been a side lot line with a 30' setback requirement. I understand that the above analysis may seem tedious; however, property owners must be able to rely on the upholding of City codes and past actions to maintain predictable standards, and from everything we reviewed, the property owner on Lot 6 would have every right to expect a home on Lot 5 to maintain a 50' setback from his north boundary. The fact that his north lot line was (by definition) his side lot line does not enter into the technical conclusion; nor does the fact that he oriented his house so that his functional back yard is technically his side yard. Notwithstanding all the above, it is conceivable that the Council might ultimately grant a variance to allow your home to be 30' rather than 50' from the south line, if you can show a hardship, i.e. demonstrate why the lot is not suitable for building a home that meets the 30' setback. The variance process involves a public hearing in front of the Planning Commission,with final action by the City Council. • L Scott Brooks March 18, 1998 Page 3 The deadline for the next variance application period is Wednesday,March 25 at noon. I understand you have obtained a variance application packet and intend to apply. Please contact me at 473-7357 if you have any questions. Sincerely, /`. a/�A QG� - �`,� Michael P. Gaffron Senior Planning Coordinator encl: Preliminary Plat Approval Resolution#2826 Final Plat Approval Resolution#2880 Excerpt from Preliminary Plat drawings cc: Liz Van Zomeren, Zoning Administrator Lyle Oman, Building Officail � [h 'I� � '" • � � �� C�ty o� �R,ONO � �: z � � p pf � q s %�' iY'x.}�� ;� �,_��°_ g RESOLUTION OF THE CITY COUNCIL K��r � � � r�� , �<� NO. 2826 � ,��,;��. A RESOLDTION GRANTING PRELIMINARY SIIBDIVISION APPROVAL OF SHADOWOOD FARM PLAT FOR FQLLERTON PROPERTIES, INC. FILE NO. 1532 WHEREAS, Fullerton Properties, Inc. (hereinafter "the applicants") on April 27, 1990 filed a formal subdivision application with the City for a division of 13 lots of a property Iegally described as follows: Refer to Exhibit A attached (hereinafter "the property" ) and; WH$REAS, after due published and mailed notice in accordance with riinnesota Statues 462.358 et. seq. and the City of Orono Zoning and Subdivision and On-site Septic Codes , the Orono Planning Commission held public hearings on Hiay 21, 1990 and June 18, 1990 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on July 9 , 1990 the Orono City Council considered the subdivision application of the applicant, noting the following findings of fact: 1. The property is located within the RR-1B Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a tota 1 of approximate ly 36.8 acres. 5.8 acres are considered wetlands. 3. The proposed plat contains 13 lots each exceeding or meeting the 2 acre dry contiguous minimum lot area requirement. 4. Al1 lots shall be served by private roads to be constructed within the property. The location of the curb cut of the private road that intersects at Wi l low Drive has been approved by the City Engineer and the Hennepin County Department of Transportation. 5. 12 of the 13 lots meet the required 200 feet width at the rear of the front yard setback line. The City staff has asked the Planning Commission and Council to consider a lot width variance for Lot 6 in order to open up the building and septic Page 1 of 7 rr'�'. t�� ;, ��. 5� C�t o� ��,ONO �f � � � �. ��.�, � � 94 ,y:14l�'� t�� ry' Y,: .� � �.'�� !�, � ,� �„��1 x A;. RESOLUTION OF THE CITY COUNCIL � �,. �:.'. ��=.;' ,�` NO. 2 8 2 6 _.��T��_��. �. r� �. ��,,�._.>:; envelope for Lot 7. Lot 6's building and septic envelopes have been located to the extreme east of the property. There is adequate lot width between Lot 6 and 7 to meet the required 200' width for each of the lots. 6. A single family residence can be constructed on all proposed lots without the need for any variances. 7. Septic testing has confirmed that all 13 lots contain adequate and suitable soils for on site seweage disposal systems to serve 5+ bedroom residences. 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 application of Fullerton Properties , Inc. per plat drawings by Nlark S. Gronberg of Coffin & Gronberg, Inc. , dated March l , 1990 , revised June 11 , 1990 , and further grants a variance to the standard that would require all lots have frontage on a public road with the creation of a private road, and further grants a variance to the lot width standard for proposed Lot 6 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 , road base installed and approved by City, and, if all necessary lot grading, drainage improvements , water quality structures, and paving of road are not completed by final plat approval , the developers must execute a developer's agreement and post a letter of credit (150$ of cost of remaining improvements). 2. The following is a listing of required improvements for this subdivision: a. Private road to be constructed per. engineering plan by Nlark S. Gronberg dated biay 14 , 1990 subject to the changes requested by the City Engineer in his report dated May 30 , 1990 as follows : , 1 ) Ditch along Willow Drive to be graded in accordance with City standards. 2 ) Silt fencing should be shown on the grading plan. 3 ) PVI at Station 8 +00 to be moved to 8 +25 providing flatter grade coming into Tee intersection. Page 2 of 7 ;-��.."'` • � � � Y � +�lt� o� �R,UIOTO � .# �a �� . . � � ��z Y�.��:� - � RESOLUTION OF THE CITY COUNCIL � � . � �" NO. 2826 ;��,,�� • �_� . The following is a bid security required for the project: 1) 5000 cubic yards common excavation at $2.00/cubic yard = $10,000 2 ) 3500 ton Class 5 100$ crushed at $8.00/ton = $28 , 000 � 3 ) 650 bituminous surfacing at $22 . 00/ton = $14 , 300 4 ) 2 acres seeding with 4" topsoi 1 and mu lch at $1000/acre = $2000 5 ) Total = $54 , 300 6 ) 50� increase = $27 , 150 7 ) Total bid security required = $81, 450 By Mark Gronberg dated May 14 , 1990 , revised June 11 , 199-0. b. Drainage swales and water quality structures as shown in the grading and drainage plans. c. Prior to any land alterations or road construction on this site, the following septic envelopes must be fenced: Lot 1 , Block 2 - Septic envelopes 1 and 2 Lot 5, Block 1 - Septic envelope 1_ . . Lot 8 , Block 1 - Septic envelopes 1 and 2 3. Execution of agreement with James Cox dealing with interim use of additional right-of-way of Willow Drive and eventual vacation of unused portion of additional right-of-way upon determination of f ina 1 upgrade of Wi l low Drive whether by City based on MSA standard or as future County Road 116. Applicant to advise if they wish the City attorney's office to prepare Page 3 of 7 i �; �� C�t o� O�,OI�O k 1�(' YF � � '��'�A��' th��-�� '�b r' $ ` a �v : ��;k 'f i.'.. '�: ;�-��.'�"_ � RESOLUTION OF THE CITY COUNCIL s,_ ��.,-` N O. 2 8 2 6 ��,�s s �;;,:��. agreement. Applicant shall then agree to pay the cost of City Attorney's time. Applicant has option to prepare agreement for City review and execution. 4. The City has approved the creation of Outlots for the following approved uses: Outlot A - To be legally combined with the James Cox homestead property consistent with previous subdivisions of lot line rearrangements. Upon final _ subdivision approval , James Cox shall apply for the legal combination of Outlot A with homestead lot. At that point applicant has right to construct accessory structures or use area of Outlot for other permitted accessory uses. Outlot B - Desginated for future road extension to the south. This section of roadway is not to be constructed but is set aside for future road use. Outlot C - Interior road outlots to be constructed upon final plat approval. 5. The following list of final submittals must be submitted to the zoning administrator 2 weeks prior to the regularly scheduled Council meeting on the second and fourth Niondays of the month. Preliminary subdivision approval expires within 1 year of the date of Council approval (July 9 , 1991 ) . a. Record plat drawings in the form of ( 2 ) mylar copies and (1 ) copy reduced 1" = 200' . Drawing to include: 1) Lot lines platted per preliminary survey by Mark S. Gronberg dated Niarch l , 1990 , revised June 11 , 1990 . 2) Dedication of "drainage and utility easements" 10' " wide along all perimeter property lines and 5 ' each side of internal property lines - omit along the sides of the designated wetlands or lakeshore. � Page 4 of 7 �� y �M��r Clt� O� O�,�N� t.r +%�r ` 7�$�x Q"i�„�7 �i q,�`��.'�^" `'t.q� s��;; RESOLUTION OF THE CITY COUNCIL 4"�'� '�� ° "� N O. 2 8 2 6 `v �o • ,�. 3) Designate and dedicate all drainage easements that define drainageway within swales between the shared lot lines of Lots 2 and 3 , Block 2, 4 and 5 , Block 1 and 7 and 8 , Block 1. 4) Def ine ordinary high water mark of Dickey Lake at 987 ' elevation. ' 5) Define area between elevation 987 and 988 as flood plain district. Designate as drainage easements. 6 ) Wetlands as designated by staff at on-site inspection as wetland area also as drainage easement. b. LEGAL DOCUMENTS required : 1) Title opinion addressed to the City. All o�aners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. 2) The applicant must provide certified copies of all recorded easements currently affecting the property. 3 ) Signed and executed Flowage & Conservation Easement over drainage easements that define wetlands , flood plain and Dickey Lake. (See copy enclosed.) 4 ) Signed and executed developers agreement and letter of credit for construction of the private road and other improvements. (See copy enclosed.) 5 ) Signed and executed Road and Utilities Easement (see copy enclosed) over Outlot B and C. 6 ) Signed and executed "Declaration of Private Road Easement and Declaration for Iriaintenance of Same". (See copy enclosed.) Note need to amend for ownership , purposes. If it is to be shared ownership, there is need to create a homeowner's association or other vehicle for the multiple ownership. Page 5 of 7 ' f� � ' �� C�t o� OR,�NO � �,�1 � . � � � �� x H�� 5 � � �� RESOLUTION OF THE CITY COUNCIL � ,�.��`�,.�; �� .,�r r� � ��, �,t' ° '�� N O. 2 8 2 6 "�,.�.,��,.�:�. s .�:� 7 ) Completed "Application for Private Road Name". (See copy enclosed.) The City is aware is that you have selected a specific name but you should provide other name choices for the two roadways for Council ' s consideration. c. FEES TO BE PAID: Total Due $2 , 700 . 00 1 ) Park dedication fee per former schedule: $200.00 for 12 lots at $2 , 400.00. Please note no charge for Lot 5 that contained former residence. 2 ) Final plat fee = $150 . 00 3 ) Legal review and filing fees of $150 . 00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 9th day of July, 1990. > ; ��, 1�,�..��-----_._. � �� ' ��- - �.'�;;�-.��:,,. ,�--�"Jame R. Grabek, Ma r ATT T: ^- - � M. al�� Cit Clerk 0 othy , y STATE OF M NNESOTA ) ) ss. COUNTY OF HENNEPIN ) ,. . . . . . The- foregoing instrument was acknowledc�ec� :before me on this 9th day of July, 1990 , by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf �f the City. l� ' Notary Public ��, �� THERESA L NAAB / —v �/� �,� NOTAqy pUBIIC_�MINNESOTA HENNEPIN COUNTY My Commission Expires MY�mmission expires 9-g-92 Page 6 of 7 .,r�,, � � � �°� �� Cit o� O�,ONO {.�� ' �7 aa�� `'� �Y, r " �Y h� �''' i�,�.� RESOLUTION OF THE CITY COUNCIL �� ,^. NO. 2826 `��_�';<�✓ � Exhibit A ,i,F�AL, D�S.�P_T?QN (`i'AKFN FROM R1�_��n�O��IT ��.� OF PROP .R�r'Y TO BE ,�LTRDT V T D +.D_ . That part of the Southwest C�uarter of Section 27 , Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the intersection of the centerline of County Road I3o_ 6 and the West line of said Southwest Quarter; thence South along said West line to a point distant 1572 . 5 feet North from the Southwest corner thereof; thence East at ri�ht angles a ..distance of 324 . 5 feet ; thence South at right angles a distance of 149.5 feet; thence West at right angles to the West line of said Southwest Quarter; thence South along said West line a distance of 149_9 feet ; thence East at right angles a distance of 324 . 5 feet; thence South at right angles to a point distant � 825 . 00 feet North from the South line of Jaid Southwest Quarter; thence East parallel with said South line to its intersection with the West line of the East 1091 .94 feet of said Southwest Quarter; thence North along said West line a distance of 103U. 00 feet; thence East a distance of 56. 4 feet; ttience North to the center line of County Road No . 6; tlience West along said center line to the point of beginning_ ��i �r �' Ci�� OR,OII\T(� '�Ur �a�� ;�� i � ',' : -� r g� � � RESOLUTION OF THE CITY COUNCIL .,' ,�, ; ,� ��`��,-�-� _' N O. 2 8 8 0 ' �� '� +�;),,°Cw�� ,��'`,�'"'.. A RESOLIITION APPROVING THE PLAT OF SHADOWOOD FARM FILE NO. 1532 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS , the City Council has considered the application for a subdivision of a plat of 13 lots by Fullerton Properties Inc., a Minnesota Corporation, the subdivider; and WHEREAS, the subdivision has been found to meet all standards of the RR-1B rural residential zoning district finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: l. Completion of all the requirements of Resolution #2II26, a resolution that granted preliminary approval of the 13 lot subdivision. 2. Dedication on the plat of rights-of-way for public roads shown as H.C.S.A.H. No.6 and Willow Drive. 3 . Dedication on the plat of drainage and utility easements . 4 . Dedication on the plat of drainage easements. 5. Creation of private roads shown on the plat as Outlots B and C. Outlot C to be known henceforth as Shadowood Drive and Cox Farm Road. Page 1 of 4 ��- �� s.�� Cit o� 0�.,�T��J ��_ F �.� 3' . ;F�YA)y ':�' _ �' �,�{,�� RESOLUTION OF THE CITY COUNCIL ��.��`� ; NO. 2880 ' ��d��j��q��..,�� +, s 6. Concurrent with the creation of this private road, the subdivider has dedicated to the City a road and utility easement granting to the City permanent access, improvement and utility easements over said outlot; the subdivider has created non-exclusive ingress, egress, drainage and utility easements over said outlot in favor of all abutting and/or benefiting lots including a declaration of certain maintenance covenants wherein each of the abutting and/or benefiting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. 7. Dedication to the City of a Flowage and Conservation Easement providing for limitations on the use of wetlands, drainageways, flood plain and Dickeys Lake described therein and shown on the plat as drainage easements. 8. Execution of a subdivider' s agreement providing for installation of certain improvements as a condition of subdivision approval. 9. Creation of three outlots for the following approved uses : Outlot A - to be legally combined with the James Cox homestead property which is surrounded by Outlot A. Outlot B - designated for future road extension to the south. This section of roadway is not to be constructed at this time but is set aside for future road use. Outlot C - interior road outlots to be constructed upon final plat approval. 10. Execution of agreement with James Cox dealing with interim use of 7' of additional right-of-way of Willow Drive along west border of Outlot A and possible vacation of unused portion of right-of-way upon determination of final upgrade of Willow Drive whether by City based on MSA standards or as future County Road 116 . 11. Execution of an easement agreement with developer granting easements to the City for bike trail purposes over the 10' drainage and utility easements that border the property on the north and west sides of the subdivision. Page 2 of � � r � � "� 3�.:� �� Cal�y o� O I�O . � �.� _ .� , �.�M, ;�,� � RESOLUTION OF THE CITY COUNCI� ;�=�' ��:,.� NO. 2880 ,-3 �.��: � , � � � � ,� e �c;- .��` 12. Payment to the City of a Park Dedication fee in the amount of $2, 400 . 00 . 13. Payment to the City for the legal review and filing of the plat, easements and covenants in the amount of $150.00. 14. Payment to the City of a final subdivision application fee in the amount of $150. 00 . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the plat of Shadowood Farm, Hennepin County, Minnesota; subject to the following condition: l. Prior to the issuance of building permits for new construction, the following improvements must be completed and approved by the City: A) Gravel road base to be constructed per engineering plans by Mark S. Gronberg, Sheets 1 and 2, dated August 31, 1990. B) Ditch along Willow Drive to be graded in accordance with City standards . C) Drainage swales and water quality structures as shown in final grading and drainage plans per plans by Mark S. Gronberg, Sheets 1 and 2, dated August 31, 1990 . 2. Prior to any land alterations or road construction on this property, the folJ.owing septic envelopes must be fenced: Lot l, Block 2 - septic envelopes 1 and 2 Lot 5 , Block 1 - septic envelope 1 Lot 8 , Block 1 - septic envelopes 1 and 2 3. Owner of Outlot A shall apply for the legal combination with adjacen-t homestead lot. Upon legal combination, the owner has right to construct accessor�y structures or use area of outlot for other permitted accessory uses. Page 3 of 4 ; � '. � � '` `� �it� oi� ORONO ..� �� : � � �' �,��. �d�� . °�, [ ��"'��;� �q,� RESOLUTION OF THE CITY COUNCIL ��=' ; NO. 2880 � i�y ��1�'i�}� �� 4. The af oresaid p 1 at sha 1 1 be f i 1 ed by the City of Orono with either the Hennepin County Recorder's Office or the Registrar of Titles Office on or before April 8 , 1991 together with a certified original copy of this Resolution together with executed copies of certain easements and covenants noted above. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 8th day of October, 1990 . ATTEST: � _� � � �� / / , / / <. � � �� :�� .� � , �,�_�� - ��- ��,, /�� ;,�� Theresa L. Naab, Deputy Clerk Edward J. Callahan, ,7r. , �A� ing Mayor , � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of October, 1990 , by Edward J. Callahan, Jr. & Theresa L. Naab, Acting Mayor & Deputy Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � ^ / . � ``�'�'�� LINDA S. i�EE / �—' �' w, ��G/l'L�L�C% �-.�• L � `� �,. . 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