The URL can be used to link to this page

Home My WebLink AboutResolution 3107 � 9 � , � O� • O O �b. - CITY of ORONO a � '�' RESOLUTION OF THE CITY COUNCIL ��kE H�4�� NO. 310 7 S A RESOLDTION GRANTING PRELIMINARY APPROVAI� OF A 5-LOT PLAT FOR THE PROPERTY LOCATED AT 1685 FO% STREET � FILS NO. 1721 WHEREAS, Albert D. Hanser (hereinafter "the applicant") on March 16 , 1992 filed a formal subdivision application with the City for approval of a 5-lot residential plat of property legally described in Exhibit A attached (hereinafter "the property") ; 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 March 16 , 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 April 13, 1992 the Orono City Council considered the subdivision app lication 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 2 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 = 2.2 acres dry Lot 3 = 2 acres dry Lot 4 = 2.04 acres dry Lot 5 = 3.12 acres dry 3. All lots have been found to' have adequate area for both principal and alternate on-site septic systems. . Applicant's consultants have provided septic test information to confirm these findings. • Page 1 of 6 � . . e _ t � O� . • O O �e- - CITY of ORONO � � �� '�'� RESOLUTION OF THE C1TY COUNCIL �k'ESH�g'� Np, 310 7 . 4. All lots shall be served by a new private road, Outlot A. ' Lot l shall retain existing secondary curb cut west of . proposed private road outlot based on the following findings: � a. West curb cut meets sighting rquirements for road at a 30 - 35 m.p.h. speed limit. b. 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 funtional purpose but helps to maintain the estate-like character of the property. 5. Al 1 newly created lots have been found to meet the standards of Ordinance No. 101 , Second Series , An Ordinance • Establishing Regulations for the Management of Shorelands Within the City. All structures will meet the required 100 setback from the 929.4 elevation of Tanager Lake, designated by the DNR as a Recreational Development lake. All septic systems will be located 75' from the 929.4 elevation. 6. All lots have been found to meet the standards of the RR-1B, Rural Residential Zoning District. All proposed residential structures wil 1 meet a 26' setback from the wetlands located at the 932.3 elevation and al 1 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 shore line to the south and west, extensive wetland areas to the east and north, steep topographies and heavily treed areas to the immediate west. 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 app lication of Albert D. Hanser per the survey dated October 24, 1991, revised April 6, 1992 by Mark S. Gronberg of Coffin & Gronberg, Inc., subject to the following conditions: • 1. Applicant to dedicate 33' of right-of-way for Fox Street. Page 2 of 6 .. .� ._._ , ..._. . . . - . < < � O 'V • O O �b. � CITY of ORONO � � . �� '�' RESOLUTION OF THE CITY COUNCIL ��kESH�� NO. 310 7 �: k% s 2. Applicant to grant a Flowage and Conservation Easement over . all designated wetlands within the plat. Wetlands to the north and east of the property to be designated at the 932.3 - elevation. � 3. A 11 access to this property shall be via private road oa�a�e except for Lot 1 that shall retain an existing sep access off of Fox Street and the second via the private road. � 4. Septic areas on Lots 3, 4 and 5 shall be staked prior to required land alterations for private road and drainage improvements. 5. Septic systems on Lots 2 and 5 shall be permanently staked and fenced in order to protect sites from future development of building sites with residential and driveway • construction. 6 . Structure located between shared lot line� val tsOnas te � shall be removed prior to final plat app Septic Manager shall be advised of time of removal to ensure there is no damage done to the septic test sites on Lot 2. 7 . Applicant shall install a swale between Lots 3 and 4 to drain low retention area adjacent to septic sites.� 8 . The shared lot line between Lots 1 and 2 to be realigned so that there is 200' of width measured in a straight line at .the shoreline. 9. Applicant to provide permannatlotsn(Lots 4rands5)lsogthat lines of elongated shorela future owners may easily know the boundaries of their property and prevent future mishaps by either building sites or septic sites being destroyed on adjacent properties. 10 . Applicant shall file a separate conditional use permit for guest house use as structure wi 11 continue to be used f or non-rental residential use. • Page 3 of 6 � . . . r • i � O� • O O b. - CITY of ORONO � � . ��L �G'�' RESOLUTION OF THE CITY COUNCIL �kESH�� NO. 310 7 11. 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. All structural repairs to these non-conforming structures shall require approval of the City of Orono. The non-conforming structures are as follows: a. Guest house on Lot l. b. Detached garaged on Lot l. c. Tennis court on Lot l. 12. Upon preliminary subdivision approval by the Council, staff will refer the 5-lot subdivision to the City Assessor to determine the value of the property in its undeveloped state so that a final Park Dedication Fee can be determined. Park Dedication Fee shall be due upon the filing of the final plat application. • REQIIIRED IMPROVEMENTS Bui lding permits wi 11 not be issued f or new construction unti 1 the p lat is granted final approval and filed with Hennepin County. In addition, all improvement plans involving private road and drainage improvements must be approved by the City Engineer before applicant can commence construction. All drainage improvements and private road base must be installed and approved by the City Engineer for safe use by municipal inspection vehicles before building permits will be issued. The City will ask applicant to execute a Developer's Agreement and provide a Letter of Credit to cover 150� of the cost of these required improvements. The fully executed Developer's Agreement and Letter of Credit must be posted with the City before installation of the improvements. - � 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: l. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include: • a. Lot 1 ines p 1 atted per pre 1 iminary survey by Cof f in & Gronberg, Inc. dated October 24, 1991, revised April 6, 1992. Page 4 of 6 . . ' . � O� . O O b. - C ITY of ORONO � � �� G'�'� RESOLUTION OF THE CITY COUNCII �kESH�g' NO. 310 7 b. Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines . Omit along shoreline. c. Designation and dedication of a drainage easement over. wetlands and drainageways within Lots l, 2, 3 and 5. Designation of Tanager Lake at 929.4' contour as it encroaches Lots 1 - 5 along the south side of lots. d. Dedication of 33 ' of right-of-way for Fox Street. e. Applicant's surveyor to determine if drainage easement along shared lot lines of Lots 3 and 4 where swale is , to be installed needs to be enlarged to contain drainageway. 2. LEGAL DOCUMENTS required: • a. Title opinion addressed to the City. Al1 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 current ly affecting the property. c. Signed and executed Flowage & Conservation Easements over the wetlands/drainageways. Please review sample easements enclosed herewith. . d. Signed and executed Developer's Agreement and Letter of Credit for installation of p.rivate road and drainage improvements. Applicant to provide Letter of Credit at 150� of actual cost of improvements. (See samples enclosed. ) e. Signed and executed Road and Utilities Easement over road outlot. See sample enclosed. f. Signed and executed private road covenants to cover ownership/maintenance of private road and drainage improvements. See sample enclosed. • . Page 5 of 6 1 . . .. . . . . ... . . . . � y ♦�• ' � � . . � I O� • O O , �b. � CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`9$'E Og'�G NO. 310 7 SH g) Completed "Private Road Name". Please note this is a separate action of the Council and may be submitted prior to the final submittals for final plat approval. 3. FEES TO BE PAID: Total Due $300. 00* a. Final plat fee = $150.00 b. Legal review and filing fees of $150. 00 *c. Park .dedication - Park Commission will accept park fee in lieu of lands. Rolf Erickson, City Assessor, will be asked to determine the fair market value of the undeveloped lands within the subdivision so that a Park Dedication Fee can be determined. Applicant will be advised as soon as Mr. Erickson has submitted his � findings. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of April, 1992. Barbara A. Peterson, Mayor ' AT ST: �� - othy . Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of April, 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. . Q ,/�� • ,Q l/ Nota y Public LINDA S. VEE NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commisslan expires 8-12-98 Page 6 Of 6