HomeMy WebLinkAboutResolution 3131 _� ;-�
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
�kESH�� NO. 3131
A RESOLDTION GRANTING
PR$LIMINARY APPROVAI� OF THE
TWO LOT PLAT LOCATEU AT 3750 BAYSID$ ROAD
FILE NO. 1734
WHEREAS, John Burger and Mary Jane Burger (hereinafter "the
applicants") on April 24, 1992, filed a formal subdivision application with
the City for approval of a two lot residential plat of property legally
described as follows:
Lot l , Block 1 , Burger' s Bayside and Lot 50 , Auditor' s
Subdivision No. 203, and Lots 15 and 16, Block 5, Bayview Park,
Hennepin County, Minnesota, (hereinafter "the property") ; � and
WHEREAS, after due published and mailed notice in accordance with
• Minnesota Statutes 462.358 et. . seq. and the City of Orono Zoning and
Subdivision Codes, the Orono Planning Commission held a public hearing on
May 18, 1992 at which times all persons desiring to be heard concerning
this application were given the opportuni.ty to speak thereon; and
WHEREAS, at their regular meeting held on June 8, 1992, the Orono
City Council considered the subdivision application of the applicants,
noting the fo llowing findings of fact:
1. The property is located within the LR-lA Single Family Lakeshore
Residential Zoning District and the RR-lA Single Family Rural
Residential Zoning District. The LR-lA Zoning District requires
a minimum of 2 acres of contiguous dry buildable land within each
newly created lot. Lot 2 located within the LR-lA Zoning
District consists of a total of 4.51 acres , 2. 9 acres dry
contiguous and 1.61 acres wet.
2. Lot 1 and Outlot A are located within the RR-lA Zoning District
requiring 5 acres in area. Lot 1 = 2.33 total acres, .33 acres
wet and Outlot A consists of 4.26 acres dry - for a total dry
� buildable at 6.59 acres. � �
3. Per Section 11.03 definition 24, Lot 1 meets the minimum area in
rural zones not served by sanitary sewer as it contains 2 acres
of dry contiguous lands exclusive of wetlands, public and private
right-of-ways, vehicular or pedestrian easements.
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��L ��'�' RESOLUTION OF T�IE CITY COUNCIL
�k'ESH�g' NO. 3131 ,
4. Applicants propose legally combining Lot 1 and Outlot A as a
single residential unit requiring a variance to Section 10.03,
Subdivision 6 (B) that prohibits the combining of separated
parcels for area credit divided by a public, private or platted
road or road easement which results in any segment thereof being
less than the minimum acreage required for that zoning district.
5. Outlot A consisting of 4.26 acres is land locked. Applicants
have attempted to obtain access from the State, the City of Orono
and adjacent property owners but have been unable to obtain legal
access. � .
6. Lot 1 consists of 2 acres of dry contiguous lands and a residence
can be constructed meeting all required setbacks of the RR-lA
Zoning District. Lot 1 is able to sustain both a principal and
alternate septic site per a report by Stephen Weckman dated May
• 6, 1992.
7. In the May 6, 1992 memo, Stephen Weckman confirms that there is
adeguate area to develop an alternate on-site septic system
within Lot 2's dry buildable envelope although the property is
scheduled for sewer in a pending sewer improvement project. �
8. Lot 1 located within the RR-lA Zoning District can be
residential ly developed meeting al 1 standards of the RR-lA Zoning
District except for the required width which does not measure
300' at the 100' setback where lot measures 210'. There is no
available dry buildable area to the east or west to allow Lot 1
to expand the width measured in an east-west line.
NOW, THEREFOR$ B$ IT R$SOLVSD, that based upon one or more of the
findings noted above, the City Council of the City of Orono hereby approves
the preliminary plat application of John and Mary Jane Burger for the
property located at 3750 Bayside Road per survey dated May 11, 1992, by
Mark S. Gronberg of Coffin and Gro.nberg, Inc. subject to the following
conditions: '
l. Access to Lot 2 shall remain as currently provided directly off
of County Road 84 or Bayside Road. Access to Lot 1 shall be via
Landmark Drive and a private access easement over Lot 1, Block 2,
Bayside Landing. At the time of the filing of the final plat
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�� �,'�' RESOWTION OF THE CITY COUNCI�
��kESH�g'� NO. 3131
application, applicants shall provide a copy of a fully executed
access easement and covenant amendment confirming that Lot 1 will
share in the cost of maintenance and upkeep of Landmark Drive.
2. Applicants shal 1 execute a special lot combination recognizing the
relationship of Outlot A with proposed Lot 1 as they are to be
considered as one residential unit and sold as one. No
residential accessory structure shal 1 be al lowed to be built on
Outlot A.
3. Applicants sha 11 execute special lot combination recognizing Lot
2 and Outlot B as one unit. The agreement shal l ref lect Outlot B
provides riparian use and access exclusively for Lot 2 and that
. there shall be no parking either temporary or permanent of
vehicles on this limited site and that Outlot B shall continue to
provide riparian access to homestead portion of property on Lot
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4. A lternate septic systems shal 1 be staked with snow fencing prior
to any construction or land alterations on Lot l.
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:
A. 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.
b) Dedication of "drainage and utility easements" over
designated wetlands per original designation within the
Burger Addition plat of 1977.
c) Dedication of 66' of right-of-way for County Road 84 or
Bayside Road.
d) Dedication of drainage and utility easements 10' wide along
all perimeter property lines and 5' on each side of internal
,property lines except omit at designated wetland area.
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��� ��,'�'� RESOLUTION OF THE CITY COUNCIL
�kESI;��`' � NO. 3131
B. LEGAL DOCUMENTS required:
a) Title opinion addressed to the City. A 11 owners, mortgage
holders or others with property interest indicated therein
shall sign the plat and all other documents affected by such
interest.
b) The applicants must provide certified copies of all recorded
easements currently affecting the property'. Applicants
shou ld provide conf irmation of that origina 1 f lowage and
conservation easement taken over designated wetland at the
time of the 1977 plat are filed on the chain of title of the
property. If this cannot be confirmed, applicants will be
expected to file a new flowage and conservation easement.
c) Execution of a bike easement taken over 10' drainage arid
• utility easement adjacent to County Road 84. Please contact
John Gerhardson (473-7357) for a copy of the bike easement.
C. FEES TO BE PAID: Total Due $375.00*
a) Final plat fee = $175.00
b) Legal review and filing fees = $200.00
c) *Park dedication fee - The Park Commission has reviewed the
two lot subdivision and has determined that the property is
not suitable for park use and will ask for a cash payment in
lieu of land. The City Assessor will be asked to determine
� the value of the undeveloped land. The Park dedication fee
shall be based on the value of 8� of the undeveloped land.
Park fees must be paid at the time of the filing of the
final plat. Park Commission did ask that app licant execute
a bike easement over the 10' drainage and utility easement
� � that abutts County Road 84. A copy of the easPment will �be
sent to applicants by:the Public Works Director.
Applicants are hereby advised that .preliminary subdivision
approval sha11 expire in one year from the date of �Council's approval of
the preliminary plat (June 8, 1993) . �
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�b. � CITY of ORONO
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��� ��'�'F RESOLUTION OF THE CITY COUNCIL
�kESH�4 NO. 3131
Adopted by the City Council of the City of Orono, Minnesota at a
regular meeting held this 8th day of June, 1992.
Barbara A. Peter on, Mayor
ATTE .
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o thy M. H� llin, City Clerk
� STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
8th day of June, 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
LINDA S. VEE '
NOTAHY PUBUC- MINNESOTA
HENNEPIN COUNTY (��/� �/
My commisslon explres&12-98 �j (�
My Commission Expires
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