HomeMy WebLinkAbout#4096-prelim. subd. approval-1998 � �11�' -
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b CITY of ORONU
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�.� �'� RESOLUTION OF THE CITY COUNCIL
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A�ZES�LU3'ION GRANTING PRELINIINARY
APPROVAL OF A SUBDIVISION
FOR PROPERTY LOCATED AT 4590 NORTH ARM DRIVE VyEST
-FILE NO.2372
WHEREAS,Barry and Janiece Haglund(hereinafter the"subdividers")on Apri122,
1998,filed a formal subdivision application with the City for approval of a two lot residential plat
of property legally described as:
The South 854.50 feet of the West 280.00 feet of the Southeast Quarter of the
Northwest Quarter of Section 6, Township 117 North, Range 23 West of the Sth
Principal Meridian; Hennepin County, Minnesota.
(hereinafter "the property"); and -
WHE�REAS, after due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono
Planning Commission held a public hearing on May 18, 1998, at which time all persons
desiring to be heard concerning this application were given the opportunity to speak thereon;
and
�IER�AS, at their regular meeting held on June 8, 1998 the Orono City
Council considered the subdivision application of the subdivider noting the following fmdings
of fact:
1. The properry is located within the LR-lA Single Family Lakeshore 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 5.41 acres of land exclusive of
right-of-way of North Arm Drive West.
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� G'� RESOLUTION OF THE CITY COUNCIL
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3. There are no City-protected wetlands located on the property. A wetland +
delineation shall be completed for the small depressional area at the southeast ;
corner of Lot 1 to determine whether that area qualifies as a protected wetland
under WCA regulations.
4. The proposed plat consists of two residential lots each meeting the minimum lot
standazd requirements of the LR-lA, Single Family Lakeshore Residential Zoning
District, each meeting the minimum 2.0 acre lot area requirement and each
meeting the minimum 200' lot width requirement as measured at the rear of the
defined front yard.
5. Both lots will be served by private wells and individual onsite sewage treatment
systems. Septic system site evaluation and design information has been
submitted confirming that each lot coritains suitable primary and alternate
drainfield sites to serve the existing and proposed residences.
6. Lot 2 contains an existing residence structure and detached garage, both of which
will continue to meet the required setbacks from existing and proposed lot lines.
The detached garage will remain nearer the front lot line than the residence
structure as allowed via variances granted by the City in 1991.
7. Lot 2 will continue to access directly south to North Arm Drive West via the !
existing private driveway. Lot 1 w-ill access directly east onto North Arm Lane,
a gravel public road maintained by the City. North Arm Lane exists mostly
�vithin a 33' wide, privately owned parcel abutting the applicant's property and
owned by the adjacent property owner to the north. The City claims a
prescriptive easement right to the entire width of the maintained road and
shoulders, but may not have rights to the entire 33' corridor. For this reason,
applicant shall obtain an access easement from the owner of the 33' corridor to ,
allow applicant the right to access the City road from applicant's property. ;
8. The Ci ex ects that in the future North Arm Lane will be u raded to be more �
tY P Pg
in conformity with public road design standards than the existing narrow gravel '
roadway. In order to accommodate such future upgrade the City will requue the
dedication of additional right-of-way from this subdivision including 8.5' along
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D. CITY of ORONO
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� G'ti , RESOLUTION OF THE CITY COUNCIL
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the east boundary and additional area near the intersection of North Arm Lane
and North Arm Drive West, as shown in the sketch attached to this resolution �
as Exhibit A. Additionally, to potentially accommodate a future cul-de-sac at the
current terminus of North Arm Lane, applicant will be required to grant a road
and utility easement for a portion of a cul-de-sac within the northeast corner of
Lot l, such easement subject to potential vacation or extinguishment should a
cul-de-sac at some future date no longer be required due to the northward
extension of North Arm Lane or other factors, at the discretion of the City.
9. Applicant will be required to provide drainage calculations to determine whether
stormwater management facilities will be required. Applicant will also be
required to obtain the approprite permits from the Minnehaha Creek Watershed
District.
9. The Orono Pazk Commission has recommended that no additional right-of-way
or trail easements are required from this developer since any future trail needs
can be accommodated within the existing right of way.
' NO`V, 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 application of Barry and Janiece Haglund per preliminary plat drawings by
Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc, dated April 22, 1998,
subject to the following conditions: .
1. Applicant shall dedicate on the plat 33' of public right-of-way for North Arm
Drive West per the above-referenced preliminary plat drawing. Additionally,
applicant shall dedicate public right-of-way for North Arm Lane on the plat as
depicted in E�ibit A attached. -
2. Applicant shall provide to the City evidence of an access easement in favor of
applicant's property over the 33' privately owned corridor adjacent to the east side
of the property.
3. Lot 2 shall continue to access to North Arm Drive West via the existing private
driveway. Lot 1 shall directly access North Arm Lane via a private driveway as
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b. - CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
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shown on the preliminary plat drawings.
,
4. Prior to final plat approval the applicant shall provide drainage calculations for
pre- and post-development stormwater quantity and quality conditions and if
warranted or if required by the Minnehaha Creek Watershed District, shall
construct suitable stormwater ponds or vegetative buffers as the case may be,
subject to a Developers Agreement to be executed between the City and the
developer. Drainage easements shall be designated over all drainageways and
stormwater ponds within the plat.
5. Prior to final plat approval applicant shall provide a wetland delineation report
for the property and if any WCA protected wetlands aze found they sha11 be
subject to covenants advising future property owners of the limitations on
alterations of said �vetlands.
6. Subdivider is hereby advised that the City will not grant final plat approval undl
the MCWD has approved all grading and drainage improvements on the -
property.
7. All identified primary and alternate sewage system drainfield sites within the
subdivision shall be fenced off prior to any land alterations, and such fencing
shall remain in place until such time that each Lot is developed. .
8. Subdivider shall develop covenants for each lot for protection of drainfield sites
within each Lot. Covenants shall include protective language for alternate septic
sites along with site plans locating both primary and alternative sites. Applicant
shall include languaae alerting future property owners of need to protect sites on
adjacent properties. -
9. Payment of standard Park Dedication Fee for Lot 1.
10. Subdivider is hereby advised that preliminary subdivision approval will expire
within one year of the date of Council approval, June 8, 1999. Should the
subdivider fail to complete the filing of the final plat application within the year
� deadline, it shall be necessary for the subdivider to file a new preliminary
subdivision application with the City.
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�, - � CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
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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. These submittals are as follows:
1. Record plat drawings in the form of two (2) mylar copies (one copy for the
City's records and one for filing with Hennepin County) and one (1) copy
reduced to 1" = 200'. Drawing to include:
a. Lot lines platted per preliminary survey by Mazk S. Gronberg of Coffin
& Gronberg, Inc. dated April 22, 1998, except as modified below.
b. Dedication on the plat of additional right-of-way for North Arm Lane per
Exhibit A attached.
c. Dedication of drainage and utility easements 10' wide along the exterior
boundaries of property and 5' along the internal lot lines.
d. Designation and dedication of drainage easements over detention ponds
and drainageways as may be required.
e. Naming of the 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
currently affecting the property.
c. Signed and executed Developer's Agreement and letter of credit for site
drainage improvements if required.
d. Signed and executed Drainage Easements to be taken over drainageway
and detention areas within plat.
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�.� �'�� RESOLUTION OF THE CI Y COUNCI L
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e. Signed and executed Road, Drainage and Utilities Easement over the � ,
portion of cul-de-sac within Lot 1 as sho�vn in Exhibit A.
3. Fees to be paid: Total due: $400.00*
a. Final plat fee = $200.00
b. Legal review and filing fees for subdivision and associated documents =
$200.00
c. *Park Dedication Fee: amount shall be determined as soon as City
Assessor has placed a fair market value on the undeveloped land at the
time of preliminary plat approval: The subdivider shall be advised as
� soon as Assessor's report has been filed with City. Per City ordinance,
if the fair market value of Lot 1 exceeds $61,250 the required park
dedication fee shall not exceed $4,900. .
Adopted by the City Council of the City of Orono, Minnesota at a �regular
meeting held this 8th day of June, 1998.
ATTEST:
�.ev�J . U�_
Linda S. Vee, City Clerk Gabriel abbour, Mayor
STATE OF MINNESOTA�� ) - �
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 8th day of June,
1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
° "'• CAROLE A HASEMAN
` NOTARY PUBLIC-MINNESOTA
� :!; :f;� HENNEPINCOUNTY Notary Public
�•,r'• My Commissicn Expires Jan.31,2000
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