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HomeMy WebLinkAbout#3653-approving plat-1995 „ •y � � O� O O �,_ CITY of ORONO � '” ,� G'ti RESOLUTION OF THE CITY COUNCIL t9kESI3�g'� NO. 3 6 5 3 A RESOLUTIQN APPROVING THE PLAT OF SCOTCH PIlV'E ADDITION FILE NO. 2065 WF�EREAS, the Ciry of Orono is a municipal corporation organized and existin, under tl�� laws of the Stat� of Minnesota; and �'�'I�REAS, the City Council of the City of Orono has adogt�d subdi���.�ic=n re�uiatinns for tne orderly, economic and safe development of lznd witnin �hP City; �r..� ��'h''ERE�.S, the City Council has considered the apFlication for a rer.;a� su�divisien 't:;- Samuel and Joyce �Vlarfieid, Douglas and Cheryl Hill, and Williair� :'oi?� ;l:ereinafrer "the applica��ts"); and VV7E�,REAS, on November 13, 1995 the City Council approved Resolution �o. ;5�� ��rar,.in� conr.eptual approval of the vacation of Scotch PinL Lane and utility eas�:ae.^.ts ��;r�in e:�� i�:..on Additir�n, and granting preliminary approval of a tl�ree lot plat c�'i pr�pert; lOCi1yE:U WII:SIP. Dicon r.ddition; and Z:'I3�;FEAS, the property being replztted is de�cribed as "Lots l-4, inclusiv;:. �1�,�;; �. ;�i���n Addition, accordin� to the recorded plat thereof, Fiennepin C'ounty, M�nnesota ;�i t �.,; ;?•�t �+:ir� of�he :iQht-of-way of Scotch Pine Lane, as donated and dedicated by said Ji::on ���;t;,j,., wr,;���. lies soL�herl}� of the northwesterly continuatien of the :�ortheast:;rly line ��t su;� T,o� �" ;iiereinafter "the preperty"); and VVHEREAS, the property is located within the LF�-l�� S1RalZ ;amily Lak����or� l2es�c�en:ial Zonin� District requirinV a minimum of two acres of c�ntiauous diy buildable iana an:i 200' of. �vid�h fC� each buildinQ lot; and «T�REAS, the propem� contains a total of approximately �.37 acres, inc�u�ir.� Lots 1-'� and the :iR;,t-o�way of Scotch Pine La��e. Existing Lots 1, 3 and 4 eac:�contain a sinal� ian;il�= re�idence. Existin� Lot 2 provides Iake access for existing Lot 4, and is not cor:idzred as a b�ii�a�:e si[e. Each of exis;ina Lots 1, 3 azd 4 contain less than the two acre m�nir.-,�rn Iot a:ea reauir�men*. These lots wer� dev�loped grior to the current zonin� standards; and Page 1 of 6 J � • � � O� O O �, CITY of ORONO �ti �.� � RESOLUTION OF THE CITY COUNCIL � l �G �3653 9kESH�g' NO. VVHEREAS, Lots 1-4 and Scotch Pine Lane will be replatted into three building lots and a private driveway outlot, with lot areas as follows: Proposed Lot 1 = 1.13 acres (Marfield) Proposed Lot 2 = 0.85 acres (Hill) Proposed Lot 3 = 1.34 acres (± 0.96 acres dry) (Toles) Outlot A = 0.05 acres; and �'VHEREAS, as a result of the replat, each of the three proposed lots increases in acreage gained from the vacation of Scotch Pine Lane, and in t�ie case of progosed �,ot 2, also resulting from the addition of area incoiporated within the existing Lot 2. Each of proposed Lots 1, 2 and 3 will, however, remain at lot areas less than the required two acre minimum for the LR- lA Zoning District, requiring a lot area variance; and WHEREAS, each of proposed Lots 1, 2 and 3 are lakeshore lots but lack the required 200' lot width at the shoreline and at the 75' lakeshore setback Iine as required in the LR- lA district, requirin� lot width variances for each of Lots 1, 2 and 3; and �'�'I�REAS, proposed Lots 2 and 3 both abut North Shore Drive, a platted Counry road. Proposed Lot 1 as a result of the replat will no longer abut a public roadway, but will gain access via a shared driveway servinJ proposed Lots 1 and 2 within proposed Outlot A. By definition, proposed Lot 1 is a "back lot" per Municipal Subdivision Code Section 11.03, Subdivision 2. Per Section 11.31, Subdivision 5 (C-2), proposed Lot 1 is required to meet 1509 of the two acre zoning district lot area requirement; is required to meet the 200' lot width requirement at the shoreline, at the lakeshore setback line, and at the street yard setback line; is subject to a street ��ard or front yard depth of 150% of the 50' front yard requirement of the LR- lA district; and is subject to a side yard depth of 150% of the 30' LR-lA side yard requirement; and «'HEREAS, as a result of the replat, the M�eld property (proposed Lot 1) becomes a back lot �•ith 4�' required side setbacks rather than the 30' side setbacks normall�� required in the LR-lA district, mal:ing more of Marfield's residence structure non-conformina to the side setback requirements. Similazly, the Hill properly (proposed Lot 2) becomes a front lot subject to a �0' side sveet setback alona Outlot A, and 30' side setback along the common boundary line �tiith proposed Lot 1. The replat results in revised setback requirements impacting proposed Lots 1, 2 and 3, ��hich must be taken into account in future improvements to those properties; Page 2 of 6 � °� ; 0 0 , CITY of ORONO � � �,� G'ti� RESOLUTION OF THE CITY COUNCI� � t9kESII04'� NO. e� s e c`3 WHEREAS, the Council finds that it is appropriate to grant variances for the "front lot" and "back lot" non-conformities created by the replat; and VVHEREAS, proposed Lots 1 and 2 will gain access to North Shore Drive via a shared drivew•a�• located within Outlot A, at the current location of Scotch Pine Lane. Proposed Lot 3 «'ill no longer gain access from Scotch Pine Lane but will create a new drive���ay access directly onto North Shore Drive approximately 200' east of the existing Scotch Pine Lane intersection. Hennepin County Department of Public Works has given preliminary' approval for this new driveway access; and VVHEREAS, the new shared driveway in Outlot A, the eYtension of the driveway to serve proposed Lot l, and the new driveway to be created for proposed Lot 3 hav� been designed to City of Orono residential street weight bearing capacity standards to provide adequate access for fire fighting equipment. Further, the Long Lake Fire Department ha5 indicated the proposed driveway construction and proposed widths are sufficient for the necessarv sta�ing. of fire fighting equipment; and WHEREAS, the concurrent vacation of Scotch Pine Lane and all of the utility easements originall�• dedicated within the Dicon Addition, requires rededication of new utilit� easements for existing and future utility lines. The proposed rededication includes a 30' municipal se���er easement over the existing municipal sewer laterals within Scotch Pine Lane. Additional drainaae and utility easements will be granted to accommodate Northern States Power and MinneRasco facilities on the property; and `��REAS, the proposed plat includes dedication of standard drainaae and utility easements along the perimeter and interior lot lines, and includes the dedication of a drainaae easement o��er the «�etland located in proposed Lot 3. Said wetland will also be subject to a Conser��ation and Flowage Easement to be executed by the owner of Lot 3; and `'��REAS, portions of the paved surface of Scotch Pine Lane are intended to be remo�'ed b�- the applicants and those areas filled and �aded to provide lawn areas �s'ith surface draina�e. The eaistinR storm drain and storm sewer leading from the cul-de-sac to the v�-etland is intended to be removed per the submitted gradin� plan subject to approval by the Ciri� Enaineer. It is the intent of the Citv to release any drainage easement for this abandoned storm se�ver that may be recorded aaainst the title of proposed Lot 3; and Page 3 of 6 � o� � � f ORONO - .� �' � CITY o �' ti RESOLUTION OF THE CITY COUNCIL � �L`�k'ESHOg'�G No. 3 6 5 3 w�g��S, per the request of the neighborin� property owner to the east, it is a propriate to require that the new driveway created for proposed Lot 3 shall be set back P at least 15' from the east line of proposed Lot 3; and ��HEREAS, unique findings b d dedicat d poad ayhhavec been enumer tedlnn Lane resutting in the elimination of this pu Cit�� Council Resolution No. 3 6 5 2 adopted December 11, 1995; and W�iEREAS, the applicants have completed all requirPments of the platting regulations of the Cit}•, including: 1. Completion of all the requirements of Resolution No. 3632. 2. Dedication to the City of a flowage and conservation easement providing for limitations on the use of wetlands described therein and shown on the plat as "drainaQe easements". 3. Dedication on the plat of the standard perimeter drainage and utilities easements, as well as additional utilities easements for existing and future use by Northern States Power, Minnegasco, and other utilities. 4, Grantina of a utilitieiven o heemunic pal sewer�easemen�ovOe�Ou lot A and from North Shore Dr proposed Lot 1. 5, Pro��ision of suitable documentation from Hennepin Counry Department of Public «'orks approval for the new access for the Toles driveway. (, Provision of confirmation from NSP and Minnegasco that they consent to the vacation of existina utility easements subject to rededication of the proposed new easements. �. Payment to the City of final plat legal review and filing fees in the amount of S200.00. Page 4 of 6 1 � . �, � O� . +� O O � . CITY of ORONO � � `�',� G'ti RESOLUTiON OF THE CITY COUNCIL t9kESH�g� NO. e3 �3 � e� NOV�', 1�IEREF�RE� BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Scotch Pine Addition, Hennepin County, Minnesota, subject to the followin� conditions: � 1, A variance is hereby granted to the 2.0 acre minimum lot area requirement for Lots 1, 2 and 3. 2. A variance is hereby granted to the 200' lot width standard for Lots 1, 2 and 3. . 3, A variance is her�by granted to the "back lot" lot width ard lot area standards for Lot 1. Further, a variance is granted to the "back lot" setback standards for all existin� structures and improvements within Lot 1 that arz subject to the increased "back lot" setback standards. 4. I_ots 1 and 2 shall maintain a shared driveway within Outlot A. Outlot A shall be privately owned and appropriate easements shall he granted by ihe owner or owners of Outlot A su�cient to ensure access over Outlot A for both Lots 1 and 2. 5. A new drivway to serve Lot 3 shall be constructed with access directly to North Shore Drive. The new driveway shall be set back a minimum of 15' from the easterly lot line of Lot 3. 6. Removal of blacktop, regrading o iad n Sland dra n ge rllan b BRW,cInc. s h a l l b e i n a c c o r d a nce with the b � P Y dated September 12, 1995 revised October 11, 1995. All gradina shall be subject to the use of appropriate erosion controls durina the grading work and shall ensure that revegetaion of the site is completed as soon as possible upon completion of the gradina. 7. The ov�mers of proposed Lots 1, 2 and 3 shall jointly obtain a land alteration permit prior to commencin' the removal of Scotch Pine Lane and fil1inQ/arading of the site. A separate land alteration permit will be required for consrruction of the new driveway serving Lot 3. � Page 5 of 6 � ,. : - . �- . � � O _ Y � O - , CITY of ORONO � � �,� G'ti RESOLUTION OF THE CITY COUNCIL �9kESfI�4��' NO. e� s rJ e3 8. The aforesaid plat shall be filed by the City of Orono with the Hennepin County R�corder's Office on or before June 11, 1996 together with a certified original copy of this resolution and executed copies of the utilities and access easement and flowage and conservation easement documents noted above. The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessar3� to file a new application ��ith the City of Orono for subdivision review. Dated this llth day of December, 1995. ATTEST: � . , Dcrothy M. Iin, City Clerk ward J. Cal an, Jr., Mayur STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day of December, 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Cl�rk of the City of Orono, a Minnesota municipal corporation and said instrument was execute� on behalf of the Ciry. LI�IDA S.VEE �-�La' ,� C��-2� :°:��z;' NOtARY P�B�������NNESOtA Notary Public w _ : HEhNEPIN COSU�n 31,2000 �.,,;',;.� �Iy Cemmission ExP PaQe 6 of 6