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HomeMy WebLinkAboutResolution 2421 r'[�.. . nt�. . r + �. . � d Ci.t o� ORONO • � : `� RESOLUT.ION OF THE CITY COUNCIL � NO. 2421 • - • • A RESOLOTION GRANTING PRELIMINARY APPROVAL � OF A SDBDIVISION APPLICATION FOR THE ESTATE OF RDTH SMITH AND CEDRICK DETTLOFF APPLICATION NO. 1218 WHER$AS, Winston R. Lindberg, a personal representative for the Estate of Ruth Smith, and Cedrick Dettloff (hereinafter the "applicants"); on October 15, 1987 filed a formal subdivision application with the City of Orono for a division of two lots of a property legally described as: Refer to Exhibit A, attached (hereinafter "property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held public hearings on November 16, 1987, and February 16, 1988, at which times all persons �esiring to be heard concerning this application were given the opportunity o speak thereon; and --- WHEREAS, at their regular �meeting held on May 9, 1988, the Orono City Council considered the subdivision application of applicants, noting the following findings of fact: l. The property is located within the RR-1B Single Family Rural Residential zoning district requiring a minimum of 2 a.cres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 16.1 acres, 2.1 acres of designated wetlands shall be excluded from the dry buildable lot area credits for the subdivision. 3. The proposed plat consists of 2 lots each exceeding the 2 acre minimum lot area requirement. , 4. The 2 lots shall be served by an existing shared driveway through Lot 1. The existing• curb cut and access drive has been approved for only a 2 lot use. 5. Both lots meet the required 200' width adjacent to the road to the rear of the front yard setback line. Single family residence structures can be constructed on both lots without the need of any variances. • Page .1 of 4 i f[ > � � • • Cit� o� ORONO ` � RESOLUTION OF THE CITY COUNCIL � NO. 2421 • - • • 6. Septic testing has confirmed that the proposed lots contain adaquate and suitable soils for alternate on-site sewage disposal systems. r NOW, THEREFORE B$ IT RESOLV]3D, that based upon either one or more of the f indings noted above, the City Counci 1 of the City of Orono hereby approves the preliminary plat application of the Estate of Ruth Smith and Cedrick Dettloff per plat drawing by Mark S. Gronberg of Coffin and Gronberg, Inc. dated September 13, 1987 with revisions dated September 16 and October 16, 1987 subject to the following conditions: 1. Prior to the issuance of building permits for new construction on ; either of the two lots, the firial plat must be filed by the City with s either the Hennepin County Recorders office or the Registrar of Titles. 2. Prior to final plat approval the owner of Lot 1, Cedrick Dettloff must submit confirmation to this City of the exact location of the • existing septic system that serves the residence structure on Lot 1. If the existing system does encroach into Lot 2, Dettloff must agree in writing to install a new system by June 1, 1989. � 3. The existing shared driveway has been approved for the current 2 lot plat. If Lot 2 is developed into 2 or more lots, the existing shared drive shall not be approved as appropriate or legal access. A future access corridor must be provided• Aacess shall not be allowed via the designated wetland in Lot 2. Final submittals — 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: C 1. RECORD PLAT drawings in the form of two (2) mylar copies and one � (1) copy reduced to 1"=20U'. Drawing to include: ; � a) Lot lines platted per preliminary drawings by Mark S. Gronberg dated September 13, 1987, revision dates September 16, �- 1987, October 16, 1987. . b) Dedication of "drainage and utility easements" 10' wide along � a31 perimeter property lines and 5' each side of internal property lines. Omit along the wetlands on the east side of lot , • 2. Page 2 of 4 , Y p . . , . _ • .. ., � � , , � , � Clt� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2421 � ' • � • • c) Dedication of 33' of road right-of-way for Orono Orchard Road as shown on preliminary p lat. d) Designate wetland as drainage easements and describe in angles and bearings (small wetlands in west portion Lot 2 to be designated on final plat if not resolved prior to final plat application) . 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 flowage and conservation easement over drainage easements within the p lat (see samp le enclosed). d) An agreement signed by Mr. Dettloff that he would agree to install a new septic system on Lot 1 if existing system is found to encroach Lot 2. 3 . FEES TO BE PAID: Total Due $300. 00 a) Final plat fee - $150. 00 . b) 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 May, 1988. � James R. Grabek, Mayor ATTE T: - � orothy M allin, City Clerk • Page 3 of 4 :, -. _ ; . .�, , .. � ' � • . � - .1 . z :: . d c�t� o� oRONo • RESOLUTION OF THE CITY COUNCIL � � N0. 2421 � � • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 198 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC • MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 198 , before me a Notary Public within and for said County, personal ly appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. .. • , NOTARY PUBLIC MY COMMISSION EXPIRES A ' • Page 4 of 4 , . . -� �����..�' � � ' a'y,• f� T R.�S d/. Q ��`i�1 � � �i �y� /�> • �. � � j ' - — �,�} � ♦� LEGAL DESCRIPT O a ��'�� 1�� �t ` ���v� � APPLICATION OF RUTH E. SMITH ESTATE Beginning at a point on the South line of the Northwest quarter of Section 2 , Township 117 North, Range 23 West of the 5th Principal Meridian, distant 516 feet East of the Southwest corner of the Southwest Quarter of the Northwest � quarter of said section; thence East along said South line to the Southeast corner of said Southwest quarter of the Northwest quarter; thence North along the East line of said Southwest quarter of the Northwest quarter a distance of 538. 7 feet; thence West parallel with the South line of said Southwest quarter of the Northwest quarter a distance of 150.3 feet; thence deflecting right 40 degrees 44 minutes a distance of 216 . 4 feet; thence West and parallel with , said South line a distance of 495. 3 feet; thence South to the point of beginning. ALSO all that part of the Southwest quarter of the Northwest quarter of Section 2, Township 117 North, Range 23 West of the Sth Principal Meridian, described as follows : Beginning at a point on the East line of said Southwest quarter of the Northwest quarter which is 520 . 7 feet South of the Northeast corner of said Southwest quarter' of the Northwest quarter; thence South on said East line to a point which is 538 .7 feet North of the Southeast corner of said Southwest quarter of the Northwest quarter; thence West parallel with the South line of said � Southwest quarter of the Northwest quarter a distance of " 150 .3 feet; thence deflecting to the right at an angle of 40 degrees 44 minutes a distance of 216 . 4 feet; thence West parallel with said South line a distance of 495 . 3 feet; thence North parallel to the West line of said Southwest quarter of the Northwest quarter to a point 400 feet South of the North line of said Southwest quarter of the Northwest quarter as measured along the West line thereof; thence East and parallel to said North line to a point along said parallel line 176. 0 feet West of the East line of said Southwest quarter of the Northwest quarter; thence Southeasterly to the point of beginning. �