The URL can be used to link to this page

Home My WebLink AboutResolution 2808 � � � � ,' c. - � � � b�� . . . � � aK,� �P� . C�t� o� ORONO � Y RESOLUTION OF THE CITY COUNCIL y��,l' �S � NO. 2808 �n � � , �j� `O`,�,�.�— �� A RSSOLIITION GRANTIHG PRELIMINARY APPROVAL FOR A �/� �N PLAT AT 1560/1580/1620 FO% STREET �j1 L��1�'��p — FI I.$ NO. 1516 � WH$REAS, Mr. and Mrs. Whitney MacMillan, etal (hereinafter "the applicants") on March 23, 1990 filed a formal subdivision application with the City for approval of a residential plat of property legally described as follows: PID: 02-117-23 23 0001 02-117-23 32 0004 - 02-117-23 32 0005 03-117-23 14 0003 (See legal descriptions attached 03-117-23 41 0001 as Exhibit A) 03-117-23 41 0002 Hennepin County, Minnesota, (hereinafter "the property") and; � WHEREAS, after due published and mai�ed 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 April 16th and May 21st, 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 he.ld on May 29, 1990, the Orono � City Council considered the subdivision application of Mr. and Mrs. Whitney MacMillan, etal, 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 total of approximately 49.67 acres, including lake and wetland areas. 3. The proposed plat contains 4 lots, each exceeding the 2.0 acre minimum lot area requirement. 4. Each of the lots contains in excess of the required 200' lot width as measured at the rear of the defined front yard. 5. Lots 2 and 3, Block 1 and Lot l, Block 2, require a variance because they do not have frontage on a public roadway. � • Page 1 of 4 . 1 /, i K � � ; Cit o� ORONO � . � • �? RESOLUTION OF THE CITY COUNCIL � NO. 2808 � • - • • 6. Lot l, Block 1 is proposed to continue its existing shared driveway access directly to Fox Street. Lots 2 and 3, Block 1 and Lot 1, Block 2 are intended to be served by the existing private road within proposed Outlot C. 7. The private road outlot is proposed to be shown Outlot C on the plat, but, because the portion of that road which serves three or more houses has been recently paved, no upgrading of that road surface, nor construction of the actual cul-de-sac, is required until such time that Outlot B is proposed for development. At the time Outlot B is developed, the City Council shall determine the standards for road construction. 8. It is intended that the existing private road be privately owned and maintained. The City will require that the applicant execute the standard Road and Utility Easement over Outlot C, and shall execute the standard Declaration of Private Road Easement and Declaration for Maintenance of same. , 9 . The wetland within Lot l , Block 1 shall be subject to a • Conservation and Flowage Easement. � 10. Right-of-way of 33' shall be dedicated on the plat for existing City street known as Fox Street. 11. Outlots A and B each contain approximately 5 acres of dry buildable land in addition to wetlands, and are designated for future - development, requiring that access, lot standards and septic testing all be found acceptable by this or a future City Council before any development may occur on these two outlots. Flowage and Conservation Easements wi 11 �not be required over the ponds or wet lands in these outlots until future development occurs. 12. A variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) is required for the garage to remain in the front yard of Lot 3, Block 1. 13. Buildings including two garages and a small house within Lot 2, Block 1 are intended to be removed to accomodate the principal residence structure to be constructed on that property. 14. The existing tennis court within Lot 1, Block 1 does not meet the 50 ' setback required by Municipal Zoning Code Section 10.03 Subdivision 14 (D). The rear lot line in question is not being revised as part� of this plat, hence it is appropriate to grant variances to allow this tennis court to remain within that substandard • setback until such time that the principal residence structure on this property is removed, at which time the tennis court would have to be removed. Page 2 of 5 ,. �•, , � ��: �_� � �� . C�t � o��ORONO ��. � a.� � . . . -. ,: • �. � ' RESOLUTION OF THE CITY COUNCIL � : .. NO. 2808 • - • • 15. The three proposed lots between 2 and 5 acres in area have been demonstrated to contain suitable sites for primary and/or alternate drainfield sites to serve the proposed or existing single family residences. Lot 1, Block 1 exceeds 5 acres in area, contains an existing house, and is not required to be tested for alternate drainfield sites. Outlots A and B are not required to be tested for drainfield sites until such time that those outlots are proposed for development. 16. A single family residence can be constructed on the new lot, Lot 2, Block l, without the need for further variances. NOW, THLR$FORE BE IT RESOLV$D, 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 for Mr. and Mrs. Whitney MacMillan, etal at 1560/1580/1620 Fox Street per the survey dated August 6,1989, revised May 3, 1990, by Schoell and Madson, Inc., attached hereto as Exhibit B, subject to the following conditions: 1. Approval of lot lines and outlot configurations and • locations as shown on the revised preliminary plat dated May 3, 1990 . 2. No upgrading of the existing private roadways within Outlot C will be� required nor will construction of the cul- de-sac be required , until such time that Outlot B is approved by the City Council for development. 3. Lot l, Block 1 shall continue to use the existing westerly driveway access to Fox Street. 4. Standard format road and utility easement shall be granted to the City over Outlot C. 5. Applicants shall execute the standard covenant for maintenance of this private roadway. 6. Standard drainage and utility easements along all property lines shall be granted. 7. Outlots A and B are designated for future development, requiring that access, lot standards, and septic testing all be found acceptable by this or a future City Council before any development. may occur on these 2 outlots (Flowage & Conservation easements will not be required over the ponds or wetlands in these outlots until future development • occurs ) . Page 3 of 5 r , . .� . � �� ::� . �� C�t o� ORONO � , e �. � • � �� RESOLUTION OF THE CITY COUNCIL � � NO. 2808 • - � • 8. Dedication on the plat of 33' of right-of-way for Fox Street. - 9. Granting of Conservation & Flowage easement over the wetland in Lot 1, Block 1. 10. Granting of variance to allow garage in front yard of Lot 3, Block 1 to remain. 11. Accessory buildings including 2 garages and a small house within Lot 2, Block 1 must be removed within 6 months of the date of filing of the final plat, unless permits are issued for construction ,of a principal residence on that property within that time period. 12. Tennis court on Lot 1, Block 1 may remain in its existing location until such time that the principal residence on that lot is removed, at which time the tennis court must also be removed. 13. Payment of standard Park Fee of $200 . 00 for Lot 2, Block 1. The following list of final submittals must be submitted to the Zoning •dministrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: A. RECORD PLAT drawings in the form of two (2 ) mylar copies and one (1) copy reduced to 1"=2 0 0'. Drawing to inc 1 ude: a) Lot lines platted per preliminary survey by Schoell and Madson, Inc. dated May 3, 1990. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. Such easements need not be shown within the proposed Outlots A, B and C. " c) Designation and dedication of a "drainage easement" within Lot 1, Block 1 on the plat drawings, to be used as the legal description for the Conservation and Flowage Easement noted below. , B. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shal 1 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. Page 4 of 5 � ' . ►• . • • .. �� ; C�t o� ORONO .,,_,. �' • '� ' � Y. RESOLUTION OF THE CITY COUNCIL � NO. 2808 • - • • c) Signed and executed Flowage & Conservation Easement document for the wetland located within Lot l, Block 1. d) Signed and executed Road and Utilities Easement over the ` private road outlot, Outlot C. e) Signed and executed "Declaration of Private Road Easement and Declaration for Maintenance of Same". C. FEES TO BE PAID: Total Due $ 500. 00 a) Park dedication fee of $ 200.00 for Lot 2, Block l, the only lot in the plat which does not contain an existing residence. Tota 1 Due $ 2 0 0.0 0. b) Final plat fee = $ 150.00 c) Legal review and filing fees of $ 150.00 (Note: The applicant is advised that applicant will be billed for all legal and engineering review fees that may be incurred by the City in • excess of the original application fee, final plat fee, and legal review and filing fees.) Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held May 29, 199 � . Jame R. Grabe a°yor AT T: othy . Hallin, City Clerk STATE OF INNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 0�9� day of , 19 9'C� , by James R. Grabek & Dorothy M. Hallin, Ma r & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �1.�c.l�'GA- �/'l/GC� • Notary Public �^ THERESA L. NAAB � NOTARY PUBLIC.MINNESOTA �1� �� Q� My EcommEia�o��sN8�T8-Y92 / / My Commission Expires T.,.�,., C .�L C ' � , • � , � : . �j�N - Ie�oL, Z`�Og PARCcL 520U - Yortheasterly oT Driveway PIN 02 II7 23 23 0001 PA • All that part of the Wesi 516 feet of Lhe Southwest Quarter of the �Vorthwest Al . Quarter (SW 1/4 of NW 1/4) of Section Two (2) , Townsnip One Hundred Seventeen 1j � �� - �--�-��(117), Range Twenty-three (23), 1yi ng South of the North 400 feet thereof and Twt lying yortherly and �Easteriy of the following described line: Go ' No Beginning at the Southwest corner of said Southwest Quarter of the Northwest th� Quarter (SW ?/4 of NW 1/4) ; Lhence East 333 feet along the South line or said ce� quarter-quarter, said South line being assumed to be a due East-aest line for fi purposes of this description, to a point, said point 5eing the ooint of de beginning of the line herein described, and said point being in a non-tangent tn� curve concave to the Southwest and having a radius of 360 feet, a radial line of co said curve through said point bearing North 56 degrees 04 minutes East; thence 30 Northwesterly through a delta angle of I8 degrees 12 minutes a distance of th�� 114.35 feet along said curve; thence North 52 degrees 08 minutes West on a iine Onf tangent to the end of said curve a distance of 145 feet to a point of curve; 50 thence along a tangential curve to the left having a radius of 300 feet and ae delta angle of 26 degrees a distance of 136.14 feet; thence North 78 degrees 08 de: minutes West on a line tangent to the end of the last said curve to the point of an: intersection of said tangent line wiih the west line of said Southwest Quarter th� of the Northwest Quarter (SW 1/4 of NW 1/4) , said point being the point of de� termination of the line herein aescribea. a :. ' fi� No� Qu� PARCEL 5200 - Southwesterl y of Ori veway P i N 02 I 17 23 2 3 0 OO I Th- Al] that part of� the Southwest Quarter of the Northwest Quarter {SW 1/4 of NW • 1/4) of Section 2, Township 117 , Range 23, according to the United States Government Survey thereof, described as follows: Beginning at the Southwest F�- corner of said Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4) ; thence East 333 feet a]ong the South line of said quarter-quarter, said South ^r � - line being assumed to be a due East-West line for purposes of this description, �� to a point, said point being in a non-tangent curve concave to the Southwest and r� ' having a radius of 360 feet, a radial line of said curve through said point � ; bearing North 56 degrees 04 minutes East; thence Northwesterly through a delta ��' angle of 18 degrees 12 minutes a distance of 114.35 feet along said curve; s� thence North 52 degrees 08 minutes West on a line tangent to the end of said � curve a distance of 145 feet to a point of curve; thence atong a tangential '�� curve to the left having a radius or 300 feet and delta angle of 26 degrees a �" distance of 136.14 feet; thence North 78 degrees 08 minutes �lest on a line '� tangent to the end .of the last said curve to the intersection of said tangent c�� line with the West line of said Southwest Quarter of the Northwest Quarter (SW " 1/4 of NW 1/4) ; thence South along the said West line of the said Southwest M' Quarter of the Northwest Quarter (SW 1/4 of NW 1/4) to the point of beginning. w� . mc �rC L,r PARCEL 420 PIN 03 117 23 14 0003 i � All that part of the Southeast Quarter of the Northeast Quarter (SE 1/4 of YE � 1/4) of Section 3, Township 117 N, Range 23 W of the 5th Principal Meridian described as follows: Beginning at the Southeast corner of the Northeast Quarter (NE 1/4) of said Section 3, thence Vorth along the East line of said Northeast Quarter (NE 1/4) (said East line being assumed to be a due North-South line for purposes of this description) a distance of 300 feet; thence South 45 � degrees 00 minutes West in a straight line to the South line of said Southeast Quarter of Northeast Quarter (SE 1/4 of NE 1/4); thence East along the South line of said quarter-quarter section to the po�i-frt of~begirtnin_9. �� -.,�,` � -_.�.�� , ,,....-- s �,. `.`---------____ ��..,. ' ,,\� •.� '`--.._...._ ' f �.-- "`� -- i �, `�,.� ` - -- ,_ �: . _ .. , ,.. _._.._ ,., � .�- _. �, .. ._- , ,, ., � � .d � •... ., ..... .....�.....��_....�.. . . .. • .. -4... . .'. :...... ..... • _ .� y • PARCEL 3000 PI N 02 I 17 23 32 0005 Sc All that part of the West 1/2 of the Northwest 1/4 of the Southwest 1/4 of ge Section 2, Township 117, Range 23, said West 1/2 being ascertained after taking . from said Northwest 1/4 of the Southwest 1/4 of said Section the highway upon the Easterly side thereof, described as follows: Cortmencing at a point in the East ng line of said West 1/2, 679.85 feet South of the Northeast corner of said West e 1/2, said point being in the center of the present private road running Easterly and Weszerly across said West 1/2; thence running Westerly along the center ]ine of said road 100 feet to a point, which said point shall be the beginning point of the land herein to be described, said point being the Southwest corner of a ibed tract of land conveyed to Joseph Chapman by Book 1130 of Deeds, page 9, rees #1420930; thence running Northerly. along the Westerly line of said land so to conveyed to said Chapman, 710.6 feet to a point in the North line of said west e 1/2, wnich said point is 237 feet Westerly measured along said North line from ees the Northeast corner of said West 1/2; thence running West along said North line 406.5 feet to the Northwest corner of said Northwest 1/4 of the Southwest 1/4; thence running South along the West line of said Northwest 1/4 of the Southwest n 1/4 to the Southwest corner thereof; thence East along the South Tine of said feet; Northwest 1/4 of the Southwest 1/4, 304 feet, more or less, to a point in the last said South line 339.5 feet West of the Southeast corner of said West 1/2; said to point being the Southwest corner of land conveyed to Moses C. Jones by Book 1095 and of Deeds, page 592, �1358308; thence Northerly parallel with the East line of said West 1/2, 633.5 feet to the center line of said roadway; thence Easterly along the center line of said roadway 241.60 feet, more or less, to the point of �d beginning of the land herein described; ! EXCEP7: ALL THAT PART of said premises described as follows, to wit: All that ��. part of the West 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 2, Township 117, Range 23, described as follows: Commencing at the Southwest corner of said West 1/2; thence East along the South line of said West 1/2, 305 feet, more or less, to a point which is the Southwest corner of the land conveyed ~ to Mases C. Jones by deed recorded in 1095 of Deeds, page 592, thence Northerly �5 parallel with the East line of said West 1/2, 593.3 feet; thence Westerly :�east parallel with the South line of said West 1/2, 305 feet, more or less, to a � �0 point on the West line of said Section 2; thence South along said West line a distance of 593.3 feet to the point of beginning. e,s to PARCEL 2800 PIN 02 117 23 32 0004 :h eS� All that part of the West 1/2 of the Northwest 1/4 af the Southwest 1/4 of st Section 1. Township 117� Range 23, described as foTlows: Comnencing at the � Sauthwest corner of said West 1/2; thence East along, the South line of said West 1/2 305 feet, awre or less, to a point which is the Southwest corner of the land ��e conveyed to Moses C. Jones by deed �corded in 1045 of Deeds, page 592, thence ef Northerly para11e1 ith the East line of �aid West 1/2, 593,3 feet; the�ce � ___Weste`r1��c,paralle] �vi the �'outh Tine af �aid �e��,, l�(2,� 305 feet, more or less, !/1(i!"2 �� ' t.� a• t '°po,jnt'�ofl the {dest 'ne of sa�'d---Sectfvn 2; �herice\5out a1¢ng said 41est line ��--'�� a di stance�of'5�3..3, feet ��b`b�the�poi nt of beginM�g� � •�`` f � � � . �. _--------------....� ��.,,,_ � \ � � % .._. . . '---�- --_____------f j } i, � % � i,,+ / . _" -"- '""�_. � `. -.. - •,:......_. _.. ._. ._M.�.__._� `�i \ . �` �\t �/ / . � � .. , ..__..��.. ` �_... --- ��--...._.. ' ' -' , 1 - - . ... � ._.__...._ _.._.._��.__._..� -_.._____ , . . _ ..._ _._.. � .... . � ^'�r,' ---�l� ".'-.� �.._.--- _.; • . ................. ...__._ ..: , � , � � . . �..: � -�' J jI _--__ -�--__L�-�� .----•-------_--.._•---- .. ........-•--_,.___.� � _`J �. \ - - �'� f �` � � � ------------�----- --�.�'''�''`._. � \,,, `,� �`, � y� ! %� \� •�;,4.... � "__..�-----I-_--I-_._------- --.-__' ---:_. ' .._ 'l_�`... ... ` � l� �\` ,�� C �� j, ;� -- . _ `�ti` . Y�`-�•---" i '•, � `/ - • _�_--------- `"----..__. � "--- -- / � '.•,� i _� -__.�,_ , ___ � •. :' r r / � ♦ - ' �= ------..._.._�_,�.__ --��-.._ � � � ��... - _� :� � � - . , - . ' � 2 � -- -_ , ._....... . � --__ , . I _ _.___�__.._.. . � - � ,. o �� . • 5 J J • . PARCEL 2600 PIN 03 II7 23 41 0002 A11 of that part of the Northeast Quarter of the Southeast Quarter (NE 1/4, SE 1/4) of Section Three (3), Township Qne Hundred Seventeen (117) North of Range Twenty-three (23) West of the Fifth Principal Meridian, according to the U.S. Government Survey as foliows: Comrnencing at the Southeast corner of said Northeast Quarter of the Southeast Quarter (NE 1/4, SE 1/4), thence West along the South line of said Northeast Quarter (NE 1/4), such South line being the center line of the East and West Township Road, Four Hundred Twenty-nine and five-tenths (429.5} feet; thence deflecting to the right at an angle of 55 degrees 2 minutes from the last described course One Hundred Two (102) feet; tnFnce deflecting to the right at an angle of 11 degrees from the last described f course Fifty (50) feet; thence deflecting to the ri ht at an angle of 15 degrees 30 minutes from the last described course Fifty (50� feet; thence deflecting to the right at an angle of 11 degrees 45 minutes from the last described course OnP Hundred (100) feet; thence deflecting to the right at an angle of 3 degrees 50 minutes fran the last described course Une Hundred (100) feet; thence deflecting to the right at an angle of 4 degrees 58 minutes from the last described course One Nundred (100) feet; thence deflecting to the right at an f � angle of 1 degree 41 minutes from the last described course Ninety-two (92) feet; thence deflecting to the left at an angle of 13 degrees 31 minutes from the last described course Three Hundred Seventy-two and five hundredths (372.05) feet to a point in the lake on said property; thence Easterly Four Hundred Fifty-six and five hundredths (456.05) feet on a line parallel to the South line of said Northeast Quarter {NE 1/4) to a point on the Easterly line of said Northeast Quarter (NE 1/4) , thence South along said East line a distance of Nine Hundred Thirty-six and four tenths (936.4) feet to the point of beginning. � FARCE� �4UU PiP� v3 1;7 23 41 0001 �n un�:videC une-ha� f interest in an�: tc a! 1 c` that rart of the l�ortheast ::4 , of the So�theast 1,`4 of Section 3, iownship ; 11 , Range %? thereef ,iescrtbed as �a folluws: Commenciny at the '+�rtheast corr,er of the ��or*_~east :,'4 cf t�e Scutheast ii4 of said Section 3; thence West along the P+orth line af said Suutheast li4 to the West line of said Northeast 1/4 of tr�e Southeast 1/4; thence South along sa�d West line of said Northeast 1,•'4 of Lhe Southeast 1;4 5$G feet more ur less to a �uint in Scid ►vest tine 744.85 feet �vorth or the �outnwest �crner af said NG�theast 1;�4 of the �o�theast 1:4; *hence Easterly along a line parallel with �he So�th � tne of said ��ortheast 1;4 of the Southeast i/4 �'3 feet more ar less to the Westerly boundary of the tract of land conveyed oy parties of the first uar�t to Cargill Mac.hlillan by Ueed bearing date the 31st day of December 1945, i tt 'ed for record in the office uf the Register of Deeds of fiennepin County, Minneseta, as Document Number 233609�; thence in a Northerly direction along the i�esterly boundary line of said tract conveyed to Cargill MacMiilan 191 .55 feet �ore or less tr� the Northwesterl;r �orner thereof; thence Easterly along the Nortr: boundary iine of said tract �onveyed to Cargil ' MacMi1 ?an 456.05 feet more ��. ur less tc tne East line of said Southeast 1/4; thencE ►r'orth along said East , i �ne �` sa�d Southeast 1/4 380 feeC to the point of beg�nning. � � _ f \ \` \...`��/. � . � Iu�� 1\��' .5� � � t . � line , , � \ ._ \,_ ` \, , +` ' .� ', `` \ \` �.. � . �—�--_.._.i..� . .,� : \ � ,` ,� :, ; , � \ \ `' ` _ .. ,� \ \ •� \\ /�r� �., -^ . r �`-' `` `_ \\�', . �'1 i 't�. i `�,, \ :.�. . . . \ i�,.� � �i�`\-.,��\ �. .. . - �