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Home My WebLink About#3577-preliminary plat approval-1995 : � o� 0 0 �-d- � C ITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCI� �9kESH�4� NO. _Q .�i '7 '7 A RESC�LUTION GRA�iei�'IlVG PRE�I'i1�1It\TA�tY AFP�ROVP�.I, F(�R A P�.AT O�r THE PROPERTY LO�ATED A�' 2�80 FOX STREET (LOT 1, BEAU �ZARA.LS) - APPLICATION NO. 2Q29 Z�iE�tEAS, 'E�Iilliam F. Smith, on May 25, 1995, file� a formal subdivision applicaticn wi.th t3:e City for a�proval of a two Iot residential plat of property legally described 2S: Lot 1, Beau Nlarais, Hemiepin Cour,ty, Mi�nesota (hereinafcer "the property"); and S'�'H�i2�AS, after due published and mailed�otice ir�zcc�rdance with?�innes�ta Statutes 462.358 et. seq. ar�d the City of Orono's Zonin� and Platting Codes, the Orono �=ia€ir.in; Coi�unission held a public hearin6 on June Z9, 1995, at wnich time aL' pe�scns desiru�g tQ be heard concerning this anplication were given ihe opportuni.ry to s�e;� thereon; ��.''► ti'VHE�EAS, at their reguiar meeting held or. July 10, ?99�, the Orono C�ty Couricil considered this subdivision application and v�riance ta Section 11.31, Subd'zvision � notir.g the foliowing facts and findings: ] . The property is located within the RR-1B, Sinale Family Rural Resid�ntia� ZoTuna Distr;ct requ:rin` a minimum of 2 acres of contiguous dry buildable Iand within each newly created lot. 2. The property contains a total of appro;cimate?y 10.23 acres with 3.07 acres of wetland. The proposed plat contnins hvo lots �ach exceeding thz 2 acres dr✓ centiguous minimum lot area requiremznt as follows: Lot 1 = 6.07 tatal acres, 3.5 acres d.ry, 2.57 acres ��et. Lot 2 = 4.16 total acres, 3.66 acres dry, .5 ac:es �vet. 3. Each lot has been tested by a licensed on-site evalua:or �nd found to have suitabl� soils for both a principal and alt�rnate on-site sewage disposal sys�em. Pa�e 1 of 5 � o� 0 0 ��b- � C ITY of ORONO a � �� G'�' RESOLUTION OF THE CITY COUNCIL � ��kESH�4� NO. e� � "7 "� 4. The e;:istin� ease�r�ent driveway that intersects proposed Lot 2 will not violate Section 10.03, Subdivi�ion 6 (Bj as there is 2.15 dry cor.tiguous acres to the u�est of the easement driveway. 5. In the granting of a�proval of the Beau Marais plat in 1986 the City also granted variances that allowzd the filling of designated wetlands for the installation of the driveway to serve the most northern lot or Lot 1 of the Beau Marais plat. 6. If a private road with cul-de-sac was installed along the east side of properry to servP all tnree l�ts, a half acre of designated wetlands ��oald be fi11�1. This improverlent would also result in the loss of several mature everg:een trees alon� ti�e east side of the property. All three access drives leadin; fro� road would also encroacr. upon the desijnated wetland areas. ?, ihe current subdivisian is defined as back lot�front iot subdivisio�� requiring shared access via a 3�' driveway outlot. Thz driveway ouilot along the east w�uld be limited to only two users. Lot 2 of the original Beau Marais glat wo�lld continue to gain access ��ia the existing easement drive. Constz-uction of a drive would result in the loss of some of the mature evergreen trees planted along the east pr�perty line. There would be an encroachment of the required 26' setback from the wetland. There w�ould be additional encroachments of the designated wetland for the future drive to serve both Lots 1 and 2 of the current subdivisio.n. 8. The Planning Commission found the creation of two driveways within this property would have a negative impact upon the aesthetics and sen.�itive environment of this unique property. 9. The current owner of Lot 2, Beau Marais, has agreed to maintain the currer�t looped driveway within their property to serve as a turnaround for emergency vehicles. . 10. There is no record of problems reported by the former owners of Lots 1 and 2, Beau Marais or the cunent owners of Lot 2 in tne use of the current driveway nor has the City any record of an accident resulting at the intersection of the private driveway and Fox Street. Page 2 of 5 � O� O O ��d - CITY of ORONO � � ti �� G~' RESOLUTION OF THE CITY COUNCIL �9kESHOg'� NO. :� R� "� "T - 1 l. The granting �f che r•ariance to the subdivision regulations will not be detrim�ntal to the public safety, health or welfare or injurious to other progerty. 12. The conditions upon which the request for a variance is based are unique to the property for which this variance is sought and are not applicable generally to other property in the City. 13. Because of the location of extensive desigr�ated �vetlands that surround the dry buildable areas of this property and mature plantings on the property, an unusual hardship to the land would result, if the letter of tbe co�e were to be followed as distinguished from an inconvenience or hardship to the subdivider. 14. It has been found that the strict enforcement of this chapter would result in an environmentally unsound development of laad. 15. The variance ��:11 not in any manner vary from the provisions of the Comprehensive Municipal Pian which would approve three residen�ial ur.its being served by a driveway. 16. No variances are sou?ht to the minimum lot requirements of the RP.-1B Zoning District. NOVV, THEREFORE, BE IT RESOLVED, that based upon either one or more of the above findings, the City Council of the City of Orono hereby approves the preliminary plat for William F. Smith at 2�80 Fox Street per the survey dated 2-10-95, most revised date 5-2�-95, by Mark S. Gronber� of Coffin and Gronberg, Inc., subject to the following conditions: 1. The existing driveway shall be uparaded from a 10' gravel road to a 12' �ravel road. The entrance portion of the drive shall be upgraded to an 18' width gravel road to a point just beyond new curb cut to serve residence on proposed Lot 2. Subdivider shall be responsible for installin; appropriate identification signage :dentifying location of three residences served by driveway at intersection of drive with Fox Street. Residence shall continue to be addressed at Fox Street. PaQe 3 of 5 � , � r�� -A--z� �,�--�,�-u�s� �� G��, , � ,�, p�, � �---�.��- ��- �-�- -� �� O O �"� �e :- C ITY of ORONO � � ti , �� G'�' j RESOLUTION OF THE CITY COUNCIL ��kESH04"� 1,' � NO. �� .� "� '�' - � 2. Subdivider shall create an outlot within I.ot 2 definin� the driveway at a 14' and 18' width as described in ondition 1 above. 3. Subdivider shall be responsible for developing covenants for the maintenance and upkeep of driveway. The following list of final submittals must be submitted to the Zoning Administrator rivo 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 o:�e (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary survey by Mark Gronberg of C��ffin and Gronberg, Inc. dated 2-10-95, most revised date �-2�-95. B. TJedication of "drainage and utility easements" 5' each side of ne�v internal property lines. C. Naming of 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 cunently affecting the property. C. Execution of a Developer's Agreement and posting of a letter of credit to be written to an amount equal to 150% of the costs of require� improvements. This includes the required up�rading of the gravel driveway as set forth in Condition 1 above. 3. Fees to be paid: Total due: $375* Page 4 of 5 � �� O O ��-b:.- CITY of ORONO � � ti �� ~' RESOLUTION OF THE CITY COUNCIL ��kESHOg'� NO. e� Jr � "I - s–�� 5� A. Final plat fee = $175.00 ,� � ��`-�`�� ' y 7 � B. Le al review and filin fee = $200.00 r g g +�� p� � �� - G6 ,�.� �' � ,, 7s, a� C. *Park Dedication Fee !� �` Upon approval of preliminary plat, the subdivision shall be referred to the City Assessor to determine the fa�r market value of the properry in its undeveloped state. You will be advised as soon as a fee has been determined. . Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this lOth day of July, 1995. ATTEST: : . � � Dorothy l� . H liin, Ciry Clerk ward J. Call an, Jr., I�iayor STATE OF 1`�IINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was ackr.owledged before me on this lOth day of July, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, ivlayor & Ciry Clerk of the Ciry of Orcno, a Minnesota municipal corporation and said instrument was executed on behalf of the Cit}�. � � ,� o,��•., LINDA S.VEE n � �-��' l��^�— NOTARY PUBLIC-�dINNESOTA Notary Public e,'''�^-,: HENNEPINCOUNTY �-..�•° My Commission Expires Jan.31,2000 Page 5 of 5 » CMP Part 4A. Transportation Plan Where identified right-of-way needs are unrelated to any proposed subdivision, the City will obtain needed right-of-way by gift, purchase or condemnation as circumstances may warrant. The City will establish and maintain an official map and records of all existing right-of-ways and easements for permanent reference. Access Management Management of access to principal and minor arterials is necessary to ensure a safe and efficient arterial system. Direct individual property access to arterials is regulated in the Orono Municipal Code by requiring development of local streets or private roads to serve new residential developments of 3 or more units; by limiting the number of curb cuts per residence; by prohibiting direct access to principal arterial's; and by a number of other regulations involving the location, type and number of access points to the arterial roadway system. It is the City's policy that new direct access to arterials is to be minimized to the greatest extent possible. However, many of southern Orono's arterials near the Lake Minnetonka shoreline have historically served a dual function as both arterials and as local/collector streets, due to geographic and topographic limitations. Minimization or consolidation of existing driveway and local street access points along these unique roadways is a complex matter which will often require the cooperation of multiple property owners. The City will encourage the use of shared driveways along existing developed arterials wherever feasible. Further, the City will continue to investigate the feasibility of closing existing direct local street access points to principal and minor arterials where suitable_alternative access points may be established. City of Orono Community Management Plan Page 4A-31 September 2000