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��� �G'�' RESOWTION OF THE CITY COUNCIL
. �kESH04 NO. 314 0
A R$SOLOTION GRANTING
PRELIMINA.RY APPROVAL OF A
THREE LOT PLAT FOR TH$ PROP$RTY '
LOCATED AT 1685 FOX STRI�ET
FILE NO. 1743
WH$R$AS, Albert D. Hanser (hereinafter "the applicant") on May
- 27, 1992 filed a formal subdivision application with the City for approval
of three lot residential plat of property legally described in Exhibit A
attached (hereinafter "the property") ; and
WH$R$AS, after due published and mailed notice in accordance with
Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and
Planning Codes, the Orono Planning Commission held a public hearing on June
. 15, 1992 at which time all persons desiring to be heard concerning this
application were given the opportunity to speak thereon; and
WHEREAS, at their regular meeting held on July 13, 1992 the Orono
City Council considered the subdivision application of the applicant,
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 two acres of
contiguous dry buildable land within each newly created lot.
2. The property contains a total of approximately 29.14 acres. All
' of the proposed residential lots meet the required 2 acre dry
. contiguous land area as follows:
' Lot 1 = 4.02 acres dry
Lot 2 = 4. 88 acres dry
� Lot 3 = 5. 25 acres dry.
: 3. All lots have been found to have adequate area for both principal
. and alternate on-site septic system. The applicant's consultants
� have provided septic test information to confirm these findings.
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� , 4. Lot l, the lot with the existing residence shall retain an
= existing secondary curb cut based on the following findings:
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a. West curb cut meets siting requirements for a road at a 35
, • mile per hour speed limit.
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
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b. The access drive has existed on the property for many years
and has never been a safety issue.
c. The existing circular drive serves not only a functional
purpose but helps to maintain the estate-like character of
this unique property. _
5. All newly created lots have been found to meet the standards of
Ordinance #101, 2nd Series, an ordinance establishing regulations
for the management of shorelands within the City. All proposed
structures will meet the required 100' setback measured at the
929.4 elevation of Tanager Lake, designated by the DNR as a
recreational development lake. Al1 septic systems are to be
located 75' from the 929.4 elevation.
6 . Al1 lots have been found to meet the standards of the RR-1B Rural.
• Residential Zoning District. All proposed residential structures
will need a 26' setback from the wetlands located at the 932.3
elevation and all septic systems will meet the required 75' from
the 932.3 elevation.
7 . There is no need to provide future road extensions to the south,
east or west because of the location of the railroad to the
south, Tanager Lake shoreline to the south and west, extensive
wetland area to the east and north, and steep topographies and
heavily treed areas to the immediate west.
NOW, TH$REFORE BE IT RESOLVED, that based upon one or more of th�
findings noted above, the City Council of the City of Orono hereby approves
the prelimiriary plat application of Albert D. Hanser per the survey dated
October 1, 1991, revised May 21, 1992, by Mark S. Gronberg of Coffin &
Gronberg, Inc. and grants a variance to Section 11.33, Subdivision 4 that
would allow a driveway to serve a three lot subdivision where the code
would require a private road based on the following findings:
l. The location, the proposed density at 3 unit per 30 acres and thn
fact that there is no need to acquire � future road access or
extensions to the east, south or west reduces need for private
road insta l lation.
2. The insta 1 lation of a driveway wi 11 minimize the impact on the
• removal of trees within this heavily wooded area of mature trees.
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3. The shared driveway is consistent with the pattern of development
on the north and south sides of Fox Street where more than two
estate-like residences are served from a private driveway. �
Approval of the preliminary subdivision is subject to the following
conditions:
1. Applicant to dedicate 33 ' of right-of-way for Fox Street.
2. Applicant to grant a flowage and conservation easement over all
designated wetlands within the plat (wetlands within the north
and east of the property to be designated at the 932.3
elevation) .
3. Lot 1 shall retain use of an existing separate access to the west
of the future shared driveway and a secondary access off the
• private driveway to serve Lots 2 and 3.
4 . Septic test areas on Lots 2 and 3 are to be staked prior to
required land alterations for private driveway or drainage
improvement.
5. Structure located between shared lot lines of Lots 1 and 2 shall
be removed prior to final plat approval. On-site septic manager
shall be advised of time of removal to insure there is no damage
done to the septic tes� sites on Lot 2. Applicant shall install
a swale between Lots 2 and 3 to drain low retention area adjacent
to proposed septic sites.
6. Applicant shall file a separate conditional use permit for guest
house use as structure will continue to be used for non-rental,
residential use.
7. The following improvements or structures are recognized as non-
conforming based on either their substandard setback to the shore
of Tanager Lake, or to the designated wetland or to existing lot
lines and are listed as follows:
a) guest house on Lot 1
b) detached garage on Lot 1
c) tennis court on Lot 1
• All structural repairs to these non-conforming structures shall
require approval of the City of Orono.
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8 . Applicant to grant a bike trail easement over 10' drainage and
utility easement adjacent to Fox Street to be designated ancl
dedicated on the final plat. The subdivision has been referred
to the City Assessor for determination of the value of the
property in its undeveloped state so that a park dedication fee
can be determined. An adjustment in the fee will be made for
acquisition of an easement for a 10' wide bike trail.
Required improvements:
Building permits will not be issued for new construction until the
plat is granted final approval and filed with Hennepin County. In
addition, all improvement plans involving private driveway and drainage
improvements must be approved by the City Engineer before applicant can
commence construction. All drainage and driveway improvements must be
i,nstalled and approved by the City Engineer for safe use by municipal
• inspection vehicles before building permits will be issued. Applicant
shall provide plans for private driveway construction and the installation
of culverts, etc. for review by the City Engineer and such improvements
shall meet standards of the MCWD.
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 o�i
the second and fourth Mondays of the month:
A. RECORD PLAT drawings in the form of two (2 ) mylar copies and on�
(1) copy reduced to 1"=200'. Drawing to include:
a) Lot lines platted per preliminary survey by Coffin anc�
Gronberg, Inc. dated October 1, 1991, revised May 21, 1992.
b) Dedication of "drainage and utility easements" 10' wide
along all perimeter property lines and 5' each side of
internal property lines - omit along the shoreline and
wetlands .
c) Designation and dedication of a drainage easement over
wet lands and drainage ways within Lots 1 , 2 and 3.
Designation of Tanager Lake at the 929.4 contour and Browns
• Bay wetlands at the 932. 3 contour.
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
�kESH04 NO. 3140
d) Dedication of 33 ' right-of-way for Fox Street.
B. 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 & Conservation Easement over
the wetland/drainage ways and lake. Please refer to
easement enclosed.
• d) Signed and executed Drainage, Utility and Trail Easement to
be taken over the 10' drainage and utility easement that is
adjacent to Fox Street.
C. FEES TO BE PAID: Total Due *$325. 00
a) Final plat fee = $175. 00
b) Legal review and filing fees of $150 .00
c) *Park Commission shall accept park fee in lieu of lands.
The City Assessor has been asked to determine the fair
market value of the undeveloped lands within the subdivision
� so that a park dedication fee can be determined. This fee
shall be adjusted based on the acquisition of a bike trail
easement along Fox Street. Applicant will be advised as
soon as Rolf Erickson, the City Assessor, has submitted his
findings .
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��L �G'�' RESOLUTION OF THE CITY COUNCIL
�kESH04 Np, 3140
Adopted by the City Council of the City of Orono, Minnesota at a
regular meeting held this 13th day of July, 1992.
Barbara A. Peterson, Mayor
ATT T:
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Dorothy . allin, City Clerk
STATE OF M NNESOTA )
� ) ss .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th
day of July, 1992, 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.
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Nota y Public
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��� �G'�' RESOWTION OF THE CITY COUNCIL
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EXHIBIT A
The East half of the Southeast Quarter of the Southeast
Quarter , except the west 114 £eet thereof , in Section 3,
Township 117 North , Range 23 West of the Sth Principal
Meridian. . .
ALSO . . • �
That part of Government Lot 4 , Section 2, Township 1.17 . �l.
North , Range 23 West of the Sth Principal Meridian, �
described as follows : F3eginning at the Northwest corner : �
of said Government Lot 4 ; thence East along the Nor*_h line •�
of said Lot a distance of 494 feet; thence Sau��,t�erly�, � � �" ��'•'•
def lecting tv the right 88 degrees a distance of 656 :9 � � ��. .�;�
feet ; thence Easterly, deflecting to the left 88 degrees .�:'`
OS minutes a distance of 123.9 feet; thence Southerly, � �';;
� deflecting to the right 88 degrees OS minutes a distanGer �'';
of 23 . 4 feet ; thence Southwesterly, deflectinq to the• riqht ;�':
. 57 degrees OS minutes a di �tance of 98 . 5 feet; thence � '
Southeasterly, deflectinq to the left 90 degrees 06� minute� �.��=
to the Northwesterly riqhr-of-way line of the Great Northern �•
Railway (now known as Dakota Rail , Inc. ) ; thence..South- .•: ..
westerly along said right-of-way line to the South line �� =i.-':�:
of sa id Government Lot 4 ; thence West along said . SouLh ;:.;,•.�'
line to the West line of said Government Lot 4; .thence .�' ��•�F;�
North along said W�st line to the point of beqinning. � �•:`�?=��
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