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Home My WebLink AboutResolution 2840 ��' . . .s(r . �> �!� ' . � Clt o� ORONO � � � • �� #t��.,�, ,� �" " RESOLUTION OF THE CITY COUNGL '�'' � ` NO. 2840 ��.: � � - • i . A RESOI�IITION APPROVING THE PLAT OF , MACMILLAN ADDITION FII� NO. 1516 WHEREAS, the City of Orono is a municipal corporation '� organized and existing under the laws .of the State of Minnesota; and WH$REAS, the City Council ,of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and ; WHEREAS , � the City Council has considered the application for a subdivision by Mr. & Mrs. Whitney MacMillan etal., the subdividers; and WH$R$AS, on May 29, 1990 the City Council approved Resolution �2808 granting preliminary approval for a plat at 1560/1580/1620 Fox Street; and ' • WHEREAS, the proposed plat contains 4 lots, each exceeding the 2.0 acre minimum Iot area requirement and each containing in excess of the required 200' lot width as measured at the rear. of the defined front yard. Lots 2 and 3, Block 1 and Lot 1, Block 2 require a variance because they do not have frontage on a public roadway; and WHBREAS, the subdivision has been found to meet al 1 other standards of the RR-1B zoning district finding that each lot is of a size and configuration that will al low its use for a . single family residence to be fully developed without the need of further variances; and WHER$AS, a variance is required for continued existence of a tennis court within Lot l, Block 1 which does not meet the 50' rear setback required by Municipal Zoning Code Section 10.03, Subdivision 14 (D) ; and WHEREAS, a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) is required for the detached; garage to remain in the defined front yard of Lot 3, B1ock l; and WHEREAS, all four lots have been proven to contain adequate primary and/or alternate drainfield sites to serve the proposed or existing single family residences; and • Page 1 of 4 �(.. ' �j ' . . y ' . . . � . . ' . ; ti � � C�t o� ORONO � • � ` .,J", t�7yf v;,t �` �°. RESOLUTION OF THE CITY COUNCIL -+°.. ��.,,;'�, • . �'��"'.>,. NO. 2 8 4 0 � -.� • ,;;;�,: t. � WHER$AS, 33' of right-of-way has been dedicated on the plat for the existing Fox Street; and WHERBAS , the subdividers have completed a11 requirements of the platting regulations of the City including: l. Completion of all the requirements of Resolution #2808. 2. Dedication on the plat of right-of-way for the public road known as Fox Street. 3. Dedication on the plat of an unnamed private road outlot over the existing private road serving 3 of the 4 lots. 4. Concurrent with the dedication of this private road � outlot, the subdividers h�ave dedicated to the City a road and utilities easement granting to the City permanent access, improvement and util.ity easements over said outlot; subdividers have created a non-exclusive ingress/egress, drainage and utility easement over said outlot in favor of � a11 abutting and/or benefitting lots including a declaration of certain maintenance covenants wherein each of the abutting and/or benefitting Iot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. 5. Dedication on the plat of drainage and utility easements � along lot lines. 6. Dedication to the City of a flowage and conservation easement providing for limitations on the use of wetlands and/or drainageways described therein and shown on the plat as "drainage easements" . 7. Creation of Outlots A and B, each containing approximately 5 acres of dry bui ldable land in addition to wetlands , such outlots being designated for future development. A future City Council must approve the access, 1ot standards, and septic testing prior to any future development on these two outlots. Flowage and conservation easements wi11 not be required over ponds or wetlands on these outlots until future development occurs. 8. Payment to the City of a Park Dedication Fee in the amount of $200.00 for Lot 2, Block l, the only 1ot in the plat which does not contain an existing residence. • � Page 2 of 4 4 � � . � � . ,j � ��=� x C�t� o� ORONO � �� , • �'�� `%'�.:. � c: . RESOLUTION OF THE CITY COUNCIL +�Vf` � .�`. NO. 2840 .-v7 F.-"iJ, '.� ��.�.�, a� � ;,'��k 9. Payment to the City of a final plat administrative fee and fee for the legal review and filing of the plat, easements, and covenants in the amount of $300.00. NOW, THERSFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the plat of MacMillan Addition, Hennepin County, Minnesota, subject to the following conditions: l. A variance is hereby granted for Lots 2 and 3, Block 1 and Lot l, B1ock 2, to approve the absence of frontage on a public roadway. 2. A variance is hereby granted to allow the detached garage in the defined front yard of Lot 3, Block 1 to remain. 3. •A variance is hereby granted to allow the tennis court on Lot 1, Block 1 to remain in its existing Iocation until such time that the principal residence on that 1ot is ' removed, at which time the tennis court must also be • removed. 4. All lots except Lot 1, Block 1 shall continue to use the private roadway platted as Outlot C for access to Fox Street. Lot� l, B1ock 1 shall continue to use the existing westerly driveway access to Fox Street. � 5. 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. 6. The private road Outlot C shall be privately owned and maintained per the Declaration of Private Road Easement and Declaration of Covenants for Maintenance of Same executed by the developer. 7. Outlots A and B are designated for future development, requiring that access, lot standards, and septic testing alI be found acceptable by this or a future City Council before any development may occur on these two outlots (f lowage and conservation easements will not be required over the ponds or wetlands in these outlots until future development occurs) . . Page 3 of 4 • � � , �., , � ' � 'y I � x � � t �� C�t� o� ORONO �, „��Y !a! dxi�yG�� ; • } ;�• ..; s �;;r� �'�< ': RESOLUTION OF THE CITY COUNCIL 1.., .�. , ' ��- �'� � NO. 2840 • - • � • : �; ::':�= ccessory 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. 9. The aforesaid plat shall. be filed by the City of Orono with the Hennepin County Recorder's Office on or before January 23, 1991 together with a certified original copy of this Resolution and executed copies of the following documents: a ) Declaration of Private Road Easement and Declaration of Covenants for Maintenance of Same; b) Road and Utilities easement over Outlot C; and c) Flowage and Conservation easement over the wetlands in Lot l, Block l. . The a�proval 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. Adopted �this 23rd day of July, 1990. AT ST: . ` � rothy M. Hallin, City Clerk Jame R. Grabek, Mayor STATE OF INNESOTA ) ) ss. , COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd 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 of the City. � � ��- YHERESA L. NAAB N tary Public � NOTARY PUBLfC-MINNESOTA � �HEN�N�N� page 4 of 4