HomeMy WebLinkAboutResolution 3045WHEREAS, after due published and mailed notice in accordance with
Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and
Planning Codes, the Orono Planning Commission held a public hearing on
September 16, 1991, continued to October 21, 1991, 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 November 12, 1991, the
Orono City Council considered the subdivision application of Robert F.
Suess, 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 19.7 acres
excluding Watertown Road, none of which currently is listed as
designated wetland.
3. The proposed plat contains 3 lots each meeting or exceeding the
2.0 acre minimum lot area requirement.
• 4. Proposed Lot 2 requires a variance because it does not have the
required frontage on a public roadway.
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O O
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CITY of ORONO
b�Y
RESOLUTION THE CITY COUNCIL
OF
Sli0g�
NO. 3045
A RESOLUTION GRANTING
PRELIMINARY APPROVAL FOR A
PLAT AT 2590 WATERTOWN ROAD
FILE NO. 1683
WHEREAS, Robert F. Suess (hereinafter "the developer") on August
23, 1991 filed a formal
subdivision application with the City for approval
of a 3 lot residential plat
of property legally described as:
The west quarter of
the Southeast quarter of the Southeast quarter of
Section 33, Township 118 North, Range 23 West of the 5th principal
meridian.
AND
That part of said
Southeast quarter of the Southeast quarter which
lies East of the
West quarter of said Southeast quarter of the
Southeast quarter,
and which lies West of the East 20 acres of said
• Southeast quarter
of the Southeast quarter. (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
Planning Codes, the Orono Planning Commission held a public hearing on
September 16, 1991, continued to October 21, 1991, 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 November 12, 1991, the
Orono City Council considered the subdivision application of Robert F.
Suess, 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 19.7 acres
excluding Watertown Road, none of which currently is listed as
designated wetland.
3. The proposed plat contains 3 lots each meeting or exceeding the
2.0 acre minimum lot area requirement.
• 4. Proposed Lot 2 requires a variance because it does not have the
required frontage on a public roadway.
Page 1 of 6
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,..r CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�kESH0 NO. 3045
5. Lots 1 and 2 are proposed to front on and access to a private
driveway to be constructed within a 50' out lot intended f or
future development of a private road.
6. The existing residence within Lot 3 is proposed to maintain its
driveway access directly to Watertown Road.
7. Because this is technically a 3 lot subdivision, a variance is
required in order to allow Lots 1 and 2 to access via a private
driveway in Outlot A, rather than requiring the construction of a
paved private road and cul-de-sac. Granting of this variance is
appropriate because:
a. The location of the garage serving the existing residence,
and the layout of existing buildings on the property, would
result in the need to construct a driveway 300' in length
and destroy certain trees and amenities of the existing
residence site.
• b. The existing driveway location serving the existing
residence accesses Watertown Road at a location that is not
hazardous based on vertical or horizontal sight lines.
c. Because the property exists in two separate tax parcels, the
applicant could have taken advantage of a two-step process
of lot line rearrangment and platting which would have
resulted merely in the creation of two building lots in
nearly the identical layout as the current proposal, without
the requirement for construction of a private road. Orono
codes allow a shared driveway access for up to two
residences.
d. Outlot A, while proposed to be developed at this time for
merely a driveway serving two new building sites, is located
so as to be available for future extension to serve the
future development of Lot 3.
8. It is intended that Outlot A and the driveway constructed within
it shall remain in the ownership of the owner of Lot 3. An
access easement will be required over Outlot A in favor of Lots 1
and 2. The developer will be required to execute covenants to
define responsibility for construction and maintenance of the
driveway and Outlot A, and to define future financial obligation
at such time that the driveway is upgraded to private or public
road status.
Page 2 of 6
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3045
9. It is the City's intent that any future development of the
property that creates additional residential lots using Outlot A
for access will trigger upgrade of Outlot A to current road
standards. The developer will be required to grant to the City
an underlying road and utility easement over Outlot A.
10. It is intended that there be no direct curb cuts or access for
Lots 1 and 2 directly onto Watertown Road except via Outlot A.
Further, it is intended that no building permits for Lots 1 and 2
be issued until the driveway serving both lots is completed.
11. The applicant has provided a grading and drainage plan for the
property which will accomodate the current development of two
building sites and which can be upgraded and revised as future
development of Lot 3 occurs. The City Engineer has preliminarily
approved this plan with minor revisions.
12. Right-of-way for Watertown Road of 33' shall be dedicated on the
plat.
13. Per the recommendation of the City Engineer, a drainage easement
shall be granted over the existing pond on Lot 3.
14. Lots 1 and 2 have been demonstrated to contain suitable sites for
primary and alternate drainfields to serve the proposed single
family residences. -
15. Single family residences can be constructed on Lots 1 and 2
without the need for further variances.
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 for Robert F. Suess at 2590 Watertown Road per the
survey attached as Exhibit A hereto by Coffin and Gronberg, Inc., and
grants a variance for Lot 2 which does not front on a public roadway as
required, and grants a variance to allow development of a private driveway
rather than a private road in Outlot A to serve Lots 1 and 2, subject to
the following conditions:
1. Outlot A shall remain in common ownership with Lot 3 in order to
facilitate future development of Lot 3.
2. An access easement shall be granted over Outlot A in favor of
Lots 1 and 2.
Page 3 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3045
3. The applicant shall execute covenants to define responsibility
for construction and maintenance of the driveway in Outlot A, and
to define future financial obligation of the owners of Lots 1, 2
and 3 at such time that the driveway is upgraded to a private or
public road status.
4. Any future development of the property that creates additional
residential lots using Outlot A for access will trigger the
upgrade of Outlot A to the road standards in effect at that
future time.
5. The applicant shall grant to the City an underlying road and
utility easement over Outlot A.
6. Standard perimeter drainage and utility easements shall be
granted over the entire plat.
7. Drainage improvements to the property shall be constructed per
• the drainage and grading plan as approved by the City Engineer,
subject to a Developer's Agreement to be executed between the
City and the developer. Private driveway and drainage
improvement construction can begin as soon as the engineering
plans for such improvements have been approved by the City and
the Developer's Agreement has been executed.
8. Applicant shall pay the standard park fees for Lots 1 and 2 per
the current Park Fee Ordinance.
9. A drainage easement shall be dedicated on the plat over the
existing pond in Lot 3 and over the retention pond area in the
northeast corner of Lot 3.
10. Protection of drainfield sites via fencing shall be in place
during construction of driveway and drainage improvements, and
shall remain in place until the residences on Lots 1 and 2 are
completed.
11. Dedication on the plat of 33' of right-of-way for Watertown Road
shall be granted.
12. Outlot A shall be given a new road name and address assignments
for Lots 1 and 2 and shall be consistent with the north/south
grid system.
• Page 4 of 6
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CITY of ORONO
G� RESOLUTION OF THE CITY COUNCIL
.0 NO. 3045
13. No building permits will be issued until the construction of
driveway and drainage improvements is complete.
14. No curb cut/access for Lots 1 and 2 will be allowed onto
Watertown Road except via Outlot A.
FINAL PLAT 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:
1. RECORD PLAT drawings in the form of two (2) mylar copies and one
(1) copy reduced to .1"=200'. Drawing to include:
a. Lot lines platted per preliminary survey by Coffin and
Gronberg, Inc. attached as Exhibit A hereto.
b. Dedication of "drainage and utility easements" 10' wide
along all perimeter property lines and 5' each side of
internal property lines.
C. Designation and dedication of the existing pond and
retention pond to be developed, as "drainage easements" on
the plat.
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 Drainage Easement for the existing pond
in Lot 3; blank area requiring description may be filled out
as follows "over the drainage easement as shown on the plat
of (plat name)".
d. Signed and executed Developer's Agreement and Letter of
Credit for construction of the private driveway and drainage
improvements.
Page 5 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3045
e. Signed and executed Road and Utilities Easement over Outlot
A.
f. Signed and executed covenants defining responsibility for
construction and maintenance of the driveway in Outlot A,
defining future financial obligations of affected property
owners at such time that the driveway is upgraded to private
or public road status.
g. Completed "Application for Private Road Name".
3. FEES TO BE PAID:
a. Final plat fee = $150.00.
b. Legal review and filing fees of $150.00.
•
C. Park Dedication Fee at the rate of 8% of the City Assessor's
recommended fair market value of the land prior to
development. Such fee shall be determined and paid prior to
final plat approval. You will receive written notification
as soon as the fee is determined.
Adopted by the City Council of the City of Orono, Minnesota at a
regular meeting held November 25, 1991.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Barbara A. Peterson, Mayor
The foregoing instrument was acknowledged before me on this
25th day of November, 1991, by Barbara A. Peterson & 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.
LINDA S. VEE NO ary Public
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My commission expires SAM Page 6 of 6IPPI
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