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Home My WebLink AboutResolution 1570 Z r �j� . . . . -:��:� Clty of ORONO d :�.��. • ��: . � � ��;�;"� RESOWTION OF THE CITY COUNCIL ��>;�.:_: . NO, 1570 � � - • - � •` A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR THE PLAT OF CARLWOOD WHEREAS, Carl D. Parten on August 23 , 1983 , filed a formal subdivision application with the Cityfor approval of a three-lot residential plat of property legally described as : All that part of Lot 5, Auditor' s Subdiyision Number 217, � described .as follows : Beginning at the most Westerly corner � • of said Lot 5� thence North 55 degrees East, a distance of � 737.33� feet, more or less, along the Northwesterly line of � said Lot 5 and its extension to the center line of County Road � �No.� 135, as shown on the recorded plat of said s�ubdivision ; thence South 44 degrees East along the center line of above mentioned road �a distance� of 135.3 feet; thence �South 23 degrees 20�m�nutes East along said �center line a distance of 192.85 ' ' feet to the actual point of beginning of the tract of land to • be described; thence South 55 degrees 15 minutes West, a • distance of 366.5 feet; thence South �58 degrees 17 minutes West, a distance of 351 .65 feet, more or less, to the Shore of • ' Lake Minnetonka ; thence Southeasterly along said shore to the � most Southerly corner of said Lot 5.; thence North 55 degrees East, a distance of 380.6 feet, more or less, along the South-' � easterly line of said Lot 5 and extension thereof to the center line of said County Road No. 135 ;. thence North 23 degrees 20 • minutes West along said center line a distance of� 329.15 feet � to •the actual point of beginning. (herea�ter ."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 Platting Codes, the Orono Planning Conunission held a public hearing on S�ptember 19, 1983 , at which time all persons desiring to be heard conczrning this application were given the opportunity to speak thereon; and . . WHEREAS, at their regular meeting held on October 11, 1983, the Orono City Council considered the subdivision application of Carl D. Parten noting the following findings of fact: l. The property is located within the LR-1B lakeshore residential zoning district requiring a minimum of one acre in area within each newly creat�d lot � 2 . The property has a total of 4 . 35 acres of land, 0 .52 acre „�5 of which is a wetland or. pond jF � �� . � ' . . � . Y ,�� . c�t� o� oR,oNo e �..� :� • 4. . � ` ';� RESOLUTION OF THE CITY COUNCIL � ,,,� �'�'';� � NO. 15 7 0 � }'�� • � • •\4 3 . Section 31. 841 (c) allows the 0 . 5 acre wetlands to be included in the total area for density credit 4 . Lot 1 contains two acres; Lot 2 contains 0 . 96 acre; Lot 3 contains 0 .87 acre. The density ratio with total area equals one unit per 1.45 acres; density ratio exclusive of wetland area equals one unit per 1. 27 acres 5. The City will ask for an open space easement for Lot l over the dry buildable area between the pond/wetland and Tonkawa Road (CSAH 135) to assure overall density credit for three units and variance to lot area standard for Lots 2 & 3 6 . The location of the existing driveway that will serve - all three lots prevents Lots 2 & 3 from being platted to meet the required. one acre in area � • 7. There is adequate capacity within municipal sewer lines to permit an additional sewer unit. The property has . already been assessed for two sewer units 8 . All existing structures meet the required setbacks from all newly created lot lines 9. The proposed three lot plat is consistent with the pattern of development along the Tonkawa Road neighborhood . 10 . The proposed plat and associated improvements within the newly created lots will result in the enhancing of the property values of all surrounding properties NOW, THEREFORE, BE IT RESOLVED that based upon either.one or more of the findinqs noted above, the City Council of the City of Orono hereby approves the preliminary plat of Carlwood per survey dated August 19, 1983 , revised September 20, 1983 by Hansen, Thorp & Pellinen, Inc. subject to the following conditions: l. The existing driveway designated as Outlot A on the plat shall serve as access for all three lots. There shall be no direct access onto Tonakwa Road (CSAH 135) permitted 2 . All lots are ripariari to Lake Minnetonka and shall have docks located according to all City and Lake Minnetonka • Conservation District ordinances -2- . `� . r . • � � . . ' . � . � Ci.t� of ORONO � • - d RESOWTION OF THE CITY COUNCIL � : .�' � Np, 1570 � • � • • 3- Council has agreed to approve th� rerouting of the City's sewer line through the property based on engineering plan entitled Sanitary Sewer Modification and dated August 18, 1983 by Hansen, Thorp, and Pellinen, Inc. City must be satisfied prior to construction that owner most affected by the sewer modification, Geraid Parten, has signed-off � ' on agreement providing for new private connection line, reseeding or resodding of all disturbed area within G. Parten ' s property, and provisions for responsibility of payment for repair to that section of line The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the reguTarly scheduled Council meeting on the second and fourth Mondays of the month: l. Record Plat drawings in the form of two mylar copies and one copy reduce to 1" - 200 ' . Drawing to include : a) lot lines platted per preliminary survey dated • August 19, 1983 revised September 30 , 1983 b) shoreline of Lake Minnetonka c) dedication of right of way for CSAH 135 (Tonkawa Road) d) dedication o�:��drainage and utility easements" 10 ' wide along all perime�er property lines and 5 ' each side of internal property lines, except omit at lakeshore e) designation and dedication of the wetlands as drainage easements on the plat -- f) designate all City sewer lines (existing and ,proposed) as 20 ' wide utility easements on the plat and dedicate utility easements. Any section of private sewer line that serves,�. parten residence that intersects C. Parten property must also be designated on the plat as utility easement 2 . Legal Documents required: a) Title Opinion addressed to the City. All owners, mortgage holders or others with property interest indicated th�rein shall sign the plat and all other documents affected by such interest � . . -3- . s � -� ..� ��. . . . ' . . . � :.��, Cit� of ORONO . • C�. . RESOLUTION OF THE CITY COUNCIL �•=��.�I � NO. 1570 �. . • � • • b) the applicant must provide certified copies of all � recorded easements currently affecting the property c) signed and executed Flowage and Conservation Easements blank area requiring description may be filled out as follows : "over the "drainage easements as shown on the plat of . Carlwood" . A copy has been sent to your attorney for his review d) hold harmless agreement to be signed and executed prior to sewer reconstruction. A sample copy has been sent to your attornzy for his review � e) signed and executed Open Space Easement over dry buildable area between pond and Tonkawa Road (CSAH 135) within Lot 1. Metes and bounds description is needed to complete �easement. • Copy sent to your attorney for his review � f) signed and executed Road and Utility Easement. Copy sent to your attorney for his review g) signed and executed Standard Road Declaration and Maintenance Agreement. Copy sent to your attorney for his review h) 20 ' wide access easement extending from Outlot A to City sewer line/utility easement over paved parking area in Lot 1 in favor of City of Orono for maintenance purposes 3 . .Fees to be paid. Total due: $4 , 774 .05 a) Park Dedication Fees per current schedule, Lot l, 1+ acres = $400 .00 , Lot 3 at 0 .87 acre = $440 ..00 - Total is $840 .00 b) property already assessed for two sewer units. Applicant- � must pay for one new sewer unit at $3 ,859 .05 -- -`-` c) legal review and filing fee at $75. 00 Adopted by the City Council .of the City of Orono, Minnesota at a regular meeting held October 24, 1983. . � %�� i2� ,M ry C. B ler, Mayor Attest:�/' ��J Alberta M. . Strom, City Clerk -4 " .