Loading...
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 . e n` v � a kf.v . '� ;� 7 r �• ' w ` .4 y`e $—fix,.. sr � fir:- T,- _,;syr Fh'w .+r y�.,yyy� r.. +k•ti{ LB.r.�91 :}LAN ,;', p ,,,,{{ v�w �y y+�p{, .. _ 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. z s • 4 �t d. t r 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. $1026 MIKE HILBELINK/JOHN VOGT 160 OLD CRYSTAL BAY ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:45 - 7:50 The Affidavit of Publication and Certificate of Mailing was noted. Mike Hilbelink and John Vogt were present for this matter. Zoning Administrator Mabusth explained the request for a Class III Subdivision of three lots of approximately 3.6 acres, 7+ acres, and 7+ acres respectively. She noted that staff recommends that the access on Lot 1 be on the south side because of sighting distance. She also noted that an accessory structure on Lot 1 may not meet the required 10' setback which may require removal or a variance. An official survey was not yet available to confirm this. Mr. Vogt stated that he met with Public Works Coordinator Gerhardson and they felt that there was not a sight distance problem and would like to have the access on the north side of Lot 1 . Chairman Ke. .l Icy stated that they have not received a recommendation from John Gerhardson and at this point would have to go along with staff's recommendation or table the matter for more information. 1 . ,.. ,, 4 ., , . • j � , Tot .14,11114101 A. iisbwsth, _3euios ad l*iateetee , P.O. + 'i) 4 Sou ii � � �t =�4ey�$ Crystal �1 Ml. �+I �t�, A f �,'Y A . < #`9 K 5 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 y< i "j r`- , ,, ,- %.#g' .,,, ,ur ',;,,,,4* i��4 1 +Y'�3 n r ,gip ' 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