HomeMy WebLinkAboutResolution 2767 ,
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���. RESOLUTION OF THE CITY COUNCIL
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A RESOLDTION DENYING PRELIMINARY APPROVAL
OF .A SIIBDIVISIOA APPLICATION
AMENDING ORIGINAL SIIBDIVISION APPROVAL
(RESOLIITION #2725)
FILE #1486
WHEREAS, Nina Wildman of Sussex Square Development
(hereinafter "the subdivider") on December 22, 1989 filed a
formal subdivision application with the City seeking amendment of
an original 17 lot residential plat, granted preliminary approval
by the City on October 23, 1989, of property legally described as
follows:
Exhibit A, attached (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 January 16, 1990 at which times all
• persons desiring to be heard concerning this application were
given the opportunity to speak thereon; and
WAEREAS, at their regular meeting held on February 26,
1990 the Orono City Council conceptually denied the subdivision
application of Sussex Square Development that would amend the
original 17 lot subdivision approved by the City that would add
two additional outlots, one outlot created for the purpose of a
shared use tennis court and the second outlot was to provide
additional area for septic expansion to an adjacent rural
residential property not included within this subdivision. The
following findings of fact were noted by the Council:
1. The property is located within the RR-1B Single Family
Rural Residential Zoning District requiring a minimum of 2.0
acres of contiguous dry buildable land within each newly
created lot. The original subdivision application (File
#1411) proposed 17 lots that satisfied all standards of the
RR-1B zoning district.
2. Per Section 11.03, Definition 26 - Lot, outlot "A lot
which is intended only for public or private roadways, open
space or other use, which use must be restricted by the
appropriate easement, and which use must be approved by the
City at the time of final plat approval. The use of the
outlot will thereafter be restricted by the appropriate
• restrictive covenant or open space easement. " �
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� RESOLUTION OF THE CITY COUNCIL
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3. Per Section 11.03, Definition 26, the use of an outlot
must be approved by the City and found to be consistent with
the intent of the Zoning Code and Comprehensive Plan of the
City.
� 4. The proposed amendment of the original plat has been
scheduled too late in the planning process and should have
been considered at the time of the original review of the 17
lot subdivision.
5. Each lot has been designed so as to provide adequate
area for individual tennis courts.
6. The creation of the outlot for the shared tennis court
use woula not reduce the number of courts on other
residential lots within the plat as the subdivider does not
propose restrictive covenants to prevent construction of
individual courts. .
• 7. An interior location for the proposed outlot would have
less impact on the existing residential properties that
border the property.
8. Council finds that there is a greater impact created
from a community owned/shared tennis court than an
individually owned tennis court.
9. The subdivider has been given the opportunity to amend
the plat to relocate the outlot for a shared tennis court to
a more interior location but has refused.
10. The proposed amencled subdivision application has been
found to be in conflict with the intent of the subdivision
regulations regarding creation of outlots for special uses
within a rural residential neighborhood.
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 denies the preliminary plat application of Sussex
Square Development per plat survey dated 5/6/89, revised 12/21/89
` by Mark S. Gronberg, a licensed engineer and surveyor of Coffin
and Gronberg, Inc.
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�:, .��;. RESOLUTION OF THE CITY COUNCI L
''` � `�� NO. 2767
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Adopted by the City Council of the City of Orono,
Minnesota at a regular mee ing held this 12th day of March, 1990.
Jame R. Grabek , or
ATT � T:
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,
orothy M allin, City Clerk
STATE OF M NNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoin� instrument was acknowledged before me on
this 12th day of March, 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
of the City.
�U�.�C.P�-Q— • G�i'�
Notary Public
THERE3A L. NAAB / �����
' NOTARY PUBLlC-MINNE&OTA My Commi ss i on Expi res
HENNEPIN COUNTY
My cammlaslon explras 9-8-82
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