HomeMy WebLinkAbout#3653-approving plat-1995 � o�
0 0
���: CITY of ORONO
� �
�.� G'� RESOLUTION OF THE CITY COUNCIL
t9k'ES�I�4�' Na 3 6 5 3
A RESOLUTIQN APPROVING THE
PLAT OF SCOTCH PIlVTE ADDITION
FILE NO. 2065
V�3EREAS, the City of Orono is a municipal corporation organized and existing
�.:nder tl�� laws of the State of Minnesota; and
«'I-�REAS, the City Council of the City of Orono has aciogted s�bd'z��_:ic�n
re�uiatians f�r tne orderly, economic and safe development of land witnin th� Ci!y; a��
w�'h'EREAS, the City Council has considered the application for a ret:i�zt
sub3ivisic:� r;; Sam�el and Joyce Marfieid, Douglas and Cheryl Hill, and R'�lliam� :ole�
;l:er�inaft�r "th� applica��zts"); and
W�r;REAS, on November 13, 1995 the City Council approved Resolution No.
;5�' ��ran.in� concepnlal approval of the vacation of Scotch ?ins: Lane an.d utiliry eas�:��e.^.ts
��:r;�in :n� i�i�.on Additior., and granting preliminary approval of a tl�ree lot plat <�f pr�ger:j�
foc�,red �ai.hir. Dic�n A.ddition; and
Z�'�-i�;F:EAS, the property being replatted is described as "Lots 1-4, inclusiv�.
�31c,�;� :. �icc:r. Addition, accordin� to the recorded p1aL thereof, Hennepin C'ounty, M:nneso�a
a;.;} �,;; �??�� �:ir� c�f�he ri�ht-of-way of Scotch Pine Lane, as donated and dedicated by said Ji::a;�
��d:t;or., wt�i���. Iies soL�herl�� of the northwesterly continuatien of the northeast::rly line �r su��
�o� 4" ;�hereinafter "the property"); and
�'�'HEI�EAS, the property is located within the LR-1�'� Single �amily Lak�s���r�
Resici�;ntial Zonin� Di�►�ict requirin� a minimum of two acres of contiguous diy buildable iana
an:i ''00' of�vidth fCr each buildin� lot; and
�i�RE�S, the propem� contains a total of approximately �.�7 acres, inc�uc�ir.R
Lots l-4 and the riRht-o�way of Scotch Pine Lane. Existing Lot� l, 3 and 4 each contain a sinal�
iarc;ilti� re_:dence. ExistinR Lot 2 provides Iake access for existing Lot 4, and is not c�r•sidzred
as a b::iic.a�:e site. Each of e�isting Lots 1, 3 and 4 contain less than the two a�re m�nir:�-��rn lot
area rea;�irement. These lots wer� dev�loped prior to the current zoning standards; and
Page 1 of 6
a . ^
� O _ V
O O
�, CITY of URONO
� '"
'ti RESOLUTION OF THE CITY COUNCIL �
��9kES�I�4`'�G NO. � s ) 3
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 proposed Lot 2, .also
resultin� from the addition of area incorporated 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 line 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 aain
access via a shared driveway serving 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 150%
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%o 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 v�•ith 4�' required side setbacks rather than the 30' side setbacks normally
required in the LR-lA district, mal:ing more of Marfield's residence structure non-conformin�
to the side setback requirements. Similarly, the Hill property (proposed Lot 2) becomes a front
lot subject to a �0' side su�eet setback along Outlot A, and 30' side setback along the common
boundary line �;zth proposed Lot 1. The replat results in revised setback requirements
impactin` proposed Lots 1, 2 and 3, which must be taken into account in future improvements
to those properties;
Page 2 of 6
� o�
0 0
�, CITY of ORONO
� �
ti
�,�t �G'ti RESOLUTION O�F TGH 5C�Y COUNCIL
9kESH�g' NO.
V4'I�REAS, 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 drivevra}• 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 directl�� 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
VVHEI2EAS, the new shared driveway in OutIot A, the eYtension of the
driveway to serve proposed Lot 1, 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 �as
indicated the proposed driveway construction and proposed widths are suff�cient for the
necessary staaing of fire fighting equipment; and
�'�'I�REAS, the concurrent vacation of Scotch Pine Lane and all of the utility
easements originall�� dedicated within the Dicon Addition, requires rededication of� new utilitv
easements for existina and future utility lines. The proposed rededication includes a 30'
municipal sewer ea�ement over the existing municipal sewer laterals within Scotch Pine Lane.
Additional draina�e and utilin� easements will be granted to accommodate Northern States
Power and MinneRasco facilities on the property; ane�
`�'HEREAS, the proposed plat includes dedication of standard drainage and
utility easements alon� the perimeter and interior lot lines, and includes the dedication of a
draina�e easement o��er the �;-etland located in proposed Lot 3. Said wetland v��ill also be
subject to a Conser�•ation and Flo���age 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 graded to provide lawn azeas v�'ith
surface draina�e. The existin� storm drain and storm sewer leading from the cul-de-sac to the
�retland is intended to be removed per the submitted grading plan subject to approval by the
City En�ineer. It is the intent of the City to release any drainage easement for this abandoned
storm se�t�er that ma�• �z recorded against the title of proposed Lot 3; and
Page 3 of 6
.� o�,.
0 0
�,. CITY of ORONO ;r„
� 'ti� RESOLUTION OF THE CITY COUNCIL �
��9kES�I�4ti�'G NO. 3 6 5 3
WHERE:�S, per the request of the neighboring property owner to the east, it
is appropriate to requue that the new driveway created for proposed Lot 3 shall be set back
at least 1�' from the east line of proposed Lot 3; and
WHEREAS, unique findings and factors supporting the vacation of Scotch Pine
Lane resulting in the elimination of this public dedicated roadway have been enumerated in
Cit}� Council Resolution No. 3652 adopted December 11, 1995; and
WHEREAS, the applicants have completed all requirements of the platting
regulations of the City, including: •
l. 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
"drainage 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 utilities and access easement to the City of Orono for access
from North Shore Drive to the municipal sewer easement over Outlot A and
proposed Lot 1.
5, Pro��ision of suitable documentation from Hennepin County Department of
Public �Vorks approval for the new access for the Toles driveway.
(. Pro��ision of confirmation from NSP and Minnegasco that they consent to the
vacation of existina utility easements subject to rededication of the proposed
new easements.
7. Payment to the City of final plat legal review and filing fees in the amount
of S200.00.
Pa�e 4 of 6
.� ., . ;� .
.
� O�
O O
, CITY of ORONO
.� �
� RESOLUTION OF THE CITY COUNCIL
��l ��'~
9k'ES�I�g' NO. e3 � 9 e`3
NOR', THEIZEFORE, BE IT RESOLVED, that the City Council of the Ciry
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 hereby granted to the back lot lot width and lot area
�� ��
standards for Lot 1. Further, a variance is granted to the "back lot" setback
standards for all existing structures and improvements within Lot 1 that are
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 re granted by the
owner or owners of Outlot A sufficient 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 of the site and new driveway construction
shall be in accordance with the grading and drainage plan by BRW, Inc.
dated September 12, 1995 revised October 11, 1995. All grading 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 owners of proposed Lots 1, 2 and 3 shall jointly obtain a land alteration
permit prior to commencin� the removal of Scotch Pine Lane and
fillinQ/grading of the site. A separate land alteration permit will be required
for construction of the new driveway serving I,ot 3. •
Page 5 of 6
y ' , _, . ,.
,.�.
� O�
O O O
, CITY of URON
� �" �
�',� G'ti RESOLUTION OF THE CITY COUNCIL
t`9kESIIOg'� NO. �3 6 5 3
8. The aforesaid plat shall be filed by the City of Orono with the Hennepin
County ltecorder'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 necessary to file a new application with
the City of Orono for subdivision review. Dated this llth day of December, 1995.
ATTEST:
_ � . �
Dcrothy M. lin, City Clerk ward J. Cal an, r., Mayur
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The forcgoin� instrument was acknowledged before me on this llth day of
December, 1995 by Edward J. Callahan, 7r. and Dorothy M. Hallin, Mayor and City Clerk
of the City of Orono, a Minnesota municipal corporation and said instrument was executed
on behalf of the City.
. �-c.��=
NOT�Y PDB�"'�NNrSOtA
_•.'";�. Notary Public
" HEhyEPIN CO_c an 31.2000
• � ion ExP
�°���'.^ MY�emmiss
..
PaQe 6 of 6