HomeMy WebLinkAboutRe: subdividing gye/n/ 24- a/Ad akkirjGd/
Business Planning,Development&Design
LEL..
October 11, 1993
rOCTa is r4 1993
Jeanne A. Mabusth
Zoning Administrator
City of Orono
1335 S. Brown Road
Orono, MN
Re: 15 Orono Orchard Road South, The Jim and Cami Farley Residence
Jeanne,
My thank you for the time, attention to this property and its subdivision potential. I have
reviewed with the Farley's the "developing realities"...i.e. pending ordinances, outlot
requirements, minimum dry and buildable requirements and the intensity of either class of the
subdivision process.
Editorially, as we discussed, The Farley's, with their sincere desire to sensitively integrate 2
homes on 4 acres, are severely restricted by the protectionistic forces they support. What irony!
As we complete the preliminary review of the prospects for development on their behalf, notes
from the May 16, 1986 zoning meeting were reviewed. They are enclosed. The staff
recommendations are contingent but also affirmative. Could I ask that you send me a note
discussing their 1986 recommendations in the context of approval in 1993? Is intent to approve
contained here or does failure by Robinson to formally proceed nullify the intent? The Farley
intent is demonstrable compatible with City goals...is there something we might all hang our hat
on to allow them variance?
My thanks to you again for the courtesy of your time. A brief note would be appreciated.
Sire:,el; ,
imoth, ' . Engen
nc.
• '/mmt
n'losures
cc: Jim and Cami Farley
File: 0015:City of Orono
315 Manitoba Avenue
PH 612-449-0590 or 612-449-9692
Wayzata,Minnesota 55391 �� FAX 449-0789
•
To: Mayor Butler
Mark E. Bernhardson, City Administrator
• Orono Council Members
Planning Commission Members 3 73 7
Prow: Jeanne A. Mabusth, Zoning Iinistrator
Date: May 16, 1986
• Subjects #1024 Michael L. Robinson, 15 Orono Orchard Road South
Preliminary Subdivision - Public Hearing
Zoning District - LR-1C
Area - 4.37 Acres ( .33 Acres Wetland)
Application - Class III Subdivision - Plat - 2-Lots
Lot 1 - 2.35 Acres ( .33 Acres Wet)
Lot 2 - 2.02 Acres Dry
List of Exhibits
Exhibit A - Application
Exhibit B - Property Owners list
Exhibit C - Plat Map
Exhibit D - Preliminary Plat
Review of Application
• The applicant proposes of division of his,;homestead
property
totaling 4.37 acres. Each lot contains the,required ,2.acres ;of
contiguous dry buildable land. Lot; L contains4�?.33 :acres =of
wet lands ; the_. City wil , aska for, a Conservation' i ;j-P.lowagt.
Easement= over.$t • e - e• a - .; k<exist: n :s ruct -res
e -{requ red--'setbacks of t e R-1B.`zoning 'district. The
on-site septic locations and designs have been approved. Lot' 1
will have a mound system as an alternate site. The on-site
septic manager advises that the existing septic system on Lot 2
has been failing and recommends that approval be conditioned on
complete replacement by August 1 , 1986.
•
As
The plat also involves a dedication of 33 feet of right-of- 1
way for Orono Orchard Road.
Access will be shared via the 20 foot wide platted corridor
of Lot 1. Owner of Lot 1 must grant access eaement in favor of t
Lot 2. Note the lot lines have been platted to provide adequate ; .
area between wetlands so that drive wi 1 1 meet required 26 fee /
setback .
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ir�.l�"F,T',:r��iDty.le K2i•..R "n..` a�
Zoning File #1024 e/ "?/ `'j �' "1)',
May 15, 1986 -,:-..-,...:.';'.(1y'
• Page 2 of 2
Staff emendation
To approve the 2-lot Class III subdivision application of
Michael L. Robinson finding all pertinent standards of the RR-1B
zoning district and septic code have been satisfied and
granting
a variance to Section 10.02, 39, 67 & 71 because cannot
ot
satisfy required width along a public road based one following
findings:
1. consistent policy of City to approve such variances
where configuration of property does not permit
2. the access satisfies all safety standards and oses
hazard to public safety. P no
Approval of subdivision is based on following conditions:
A
1. Payment of park fee of $200.00 for newly created Lot 1 .
2. Owner of Lot 1 must r,.
grant access .eaaemen Lot 2. �nfa of 1i
• ...'.rs •i Ztr47.7 - a • •. .. ink 2., o r 1'
lt:
3. " Dedi.cation of 33 'feet of right-of-way for Orono
Road. Orchard
4. Execute Flowage Conservation Easement over wetlands
s
5. Failing septic system on Lot 2 to be replaced by August
1, 1986.
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4-4
�y
MINUTES OF a�V l 9 t o 4 - ` 19
f 4v4�1 ryFty Yicvt- u� `���y.RA
ATTENDANCE 7:30 P.M. r� �
, r
The Orono Planning ColstssoA,4' -4, • .with
the following mesubers=pt.tents thit . 4 ior.
Callahan,° Goetten, McDonald, and 3,1t :::. '10,0110M0V was
absent. The following represented 7;,�wrr ' ft:
Building & Zoning Adisinistratorb ute ,r `, ` • nt
Boning Administrator Gaffron," and 'City' -20000rder
Peterson. Planning Commission m er:104tZ ', .� the
meeting at 10:37 P.M..,, • f`. ,.' Wit' s
(#4F
,-i+ ,,max qtr f � hX S
l MIcsasL ROBI11110N h 7 8k S r° gyp
A w �w1wa i, W 4 '
vssouuo a OAD 1 F r rt
PRELIMINARY BO DIVISI011
PUBLIC HEARING 7:30 - 7:32
The Affidavit of Publication and Certificate of !wiling
was noted.
No one. was present from the public regarding this matter
and the public hearing was closed.
Upon request of the applicant, it was moved by Chairman
Kelley, seconded by Mc0onald, to table this matter until
the June 16, 1986 meeting. Motion. Ayes 6, Nays 0.
$1026 MIKE HILBELINK/JOHN VOGT
160 OLD CRYSTAL BAY ROAD
PRELIMINARY SUBDIVISION
PUBLIC HEARING 7:45 - 7:50
The Affidavit of Publication and Certificate of Mailing
was noted.
Mike Hilbelink and John Vogt were present for this
matter.
Zoning Administrator Mabusth explained the request for a
Class III Subdivision of three lots of approximately 3.6
acres, 7+ acres, and 7+ acres respectively. She noted
that staff recommends that the access on Lot 1 be on the
south side because of sighting distance. She also noted
that an accessory structure on Lot 1 may not meet the
required 10' setback which may require removal or a
variance. An official survey was not yet available to
confirm this.
Mr. Vogt stated that he met with Public Works
Coordinator Gerhardson and they felt that there was not
a sight distance problem and would like to have the
access on the north side of Lot 1 .
Chairman Ke. .l Icy stated that they have not received a
recommendation from John Gerhardson and at this point
would have to go along with staff's recommendation or
table the matter for more information.
1
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Tot .14,11114101 A. iisbwsth, _3euios ad l*iateetee ,
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Crystal �1 Ml. �+I �t�, A f �,'Y A . < #`9 K
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Prost Mike t Debbie Ride ,-';'4,i7'..
1S Oir+ * Ort rtrl M. • • ,. 4 '`! fi
wayaetal 111. SS3lt E Ws " -
Dotes Mot tat. 1,16 � -:
Swett Sobellviolos of laud located at 1S Oro.o k17 ;
k,''',' . .._:„...„. ,-,,,,„.„ .„,,,,,... ,,,... ..:,,44„,„t„.„,:,_,„4„:"„io,
We have food that svbdivisieu of oar prepsrt is ielr b&
because of increased cost due to road construction (netts requite).
diverter tile for drain field on present property and a lower
selling price on new parcel due to smeller building site Uwe
otginally planned. These reasons along with the devaluation of
present property makes the subdivision not practical.
We request that our application be dropped and any fees that
have not been used to be refunded to us.
ThpLifou
J — _ 6?Olft.••••* .,.
Debbie Robinson
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' citoPPAII' KUNOM4*C ,MUMUNCrit4 AMMENN:
P.O. Box 66
Crystal BS7p tilt 55323 473-7357
'113 ats of Notices 5/Z?
Cr ..u.4...Yr_ ,, ,,
TO►: Nr. i Mrs. l�If I Robinson - w � {
18 Orono 'Orchard .Road
Waysatai MN 55391_ .
r O! AI'!2.3012'201: • XX Subdivision
411000411.110016,111111......
A; MU OF MISTING: 5/19/86 VOTE: 6 For 0 Against
Planning Casionion recommends the following:
XX Tabled: For reasons noted below
NOSES AND SPECIAL CONDITIONS:
The application was tabled at your request. We are in
receipt of your request to withdraw your application and request
for refund. Your refund request will be scheduled before the
Council at their June 23, 1986 meeting.
If the applicant has trouble obtaining additional
information, please contact the Zoning Department, (473-7357) .
If you desire certified copies of the official Planning
Commission minutes, they are available from the City Recorder or
City Clerk after review and approval by the Planning Come ssion.
11, ,
IV 0
•
CITY of ORONO
174,
s; ✓ ��, Municipal Offices
j Street Address: Mailing Address:
$ESgO 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323.0066
November 9, 1993
Mr. Timothy R. Engen
EKA Incorporated
315 Manitoba Avenue
Wayzata, Minnesota 55391
Ce: 15 Orono Orchard Road South
Dear Mr. Engen:
Jeanne Mabusth asked me to respond to your letter of October 11th regarding the Farley
property.
Please note that the proposed subdivision was withdrawn by the applicant before it ever was
• formally reviewed by. the Planning Commission. The application never reached the City
Council.
Under the codes in effect in 1986, staff concluded that this proposal met the standards for a two
lot subdivision and recommended approval. Robinson's failure to formally proceed with the
application means that that application is null and void, and any new proposal would be subject
to filing a new application which would, of course, have to meet the code requirements in effect
today.
Whether or not the Farley's intent is compatible with City environmental goals may be
inconsequential if the proposed plat does not meet the standards of the City ordinance. I must
advise you that the City recently placed a moratorium on approval of subdivisions which
incorporate "flag lots" (such as the westerly lot of Robinson's proposal). The City likely will
be adopting an ordinance that would require the narrow access corridor portion of a back lot to
be platted as an outlot, which cannot be used for dry buildable area credit. Based on the
Robinson's preliminary plat drawing, the property does not have enough acreage to meet the
code requirements for subdivision under the standards currently being reviewed. My sense is
that a variance request would likely be looked upon unfavorably by the Planning Commission
and Council.
Telephone (612) 473-7357 • FAX 473-0510
•
Mr. Timothy R. Engen
November 9, 1993
Page 2
Please feel free to contact Jeal e or me if we can be of further assistance.
Sincerely,
17)4
Michael P. c affron
Asst. Planning & Zoning Administrator
MPG/ch
cc: Jeanne A. Mabusth, Building & Zoning Administrator