HomeMy Public PortalAbout1999-0049
Member Hamilton introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.99-04
RESOLUTION GRANTING PRELIMINARY APPROVAL TO
THOMAS GUBBINS FOR THE PLAT OF PROPERTY ON
PIONEER TRAIL
WHEREAS, Thomas Gubbins (the "Applicant") is the fee owner of land in Medina located
north and south of Pioneer Trail near its intersection with Chippewa Road (the "Subject Property"),
which land is legally described in Exhibit A attached hereto; and
WHEREAS, the Applicant has requested approval to plat the Subject Property into ten lots
and one outlot for the purpose of allowing the construction of single family houses thereon; and
WHEREAS, this matter was considered by the planning commission at its meeting of
November 10, 1998; and
WHEREAS, the city council reviewed the proposed preliminary plat of the Subject Property
at its meeting on January 5, 1999.
NOW, I HEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota, that preliminary approval is hereby granted to the Applicant for the plat of the Subject
Property, subject to the following terms and conditions:
1. The power line easement in the southeast quadrant of the Subject Property must be
delineated and shown on the final plat;
2. Lots 1 and 2, Block 2 may each have separate driveways due to the amount of road
frontage on the parcels;
3. The Applicant must take reasonable steps, including reconfiguration of subdivision lot
lines, in order to minimize the loss of trees resulting from the location of the driveway for Lot 5;
4. The preliminary plat must be reviewed and approved by the Minnesota Department of
Transportation;
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5. The preliminary plat must be reviewed and approved by Pioneer Creek Watershed
District;
6. The Applicant must dedicate to the city a drainage easement 30 feet in width over the
area on the north side of Pioneer Trail in a location determined by the city engineer;
7. The Applicant must construct a private road to city standards within the proposed
subdivision to serve Lots 2, 3, 4, 5 and 6 of Block 1;
8. The final plat must dedicate standard drainage and utility easements over all lot lines,
drainageways, ponding areas, and along the shore of Peter Lake, as determined by the city engineer;
9. The Applicant must pay to the city park dedication fees in an amount to be determined
by the city assessor on all lots of ten acres in size or smaller;
10. Two individual septic system sites must be identified and protected on each lot;
11. The Applicant must execute a separate instrument conveying a trail easement to the
city along Pioneer Trail and Chippewa Road, in a location to be determined by the city engineer;
12. The final plat must dedicate to the public the right-of-way for Chippewa Road, Pioneer
Trail, and Trunk Highway 55, as determined by the city engineer;
13. The Applicant must abandon the existing well on proposed Lot 3, Block 2 in
accordance with state requirements;
14. The Applicant agrees to remove the old barn located on proposed Lot 3, Block 2 prior
to final approval of the plat and to remove the foundation of that structure prior to issuance of a
building permit for a house on said lot;
15. The outlot which is to be used to provide access to Peter Lake for the owners of the
non -riparian lots shall be owned by a homeowners' association or, in the alternative, shall be owned by
the owners of the other ten lots as tenants in common.
16. The Applicant shall take actions necessary to ensure that each lot is developed with at
least two trees 2 1/2 inches in diameter;
17. The parties acknowledge that the city will not grant variances with regard to the
location of septic systems on any of the lots;
18. The Applicant must provide an overlay plat showing the ultimate subdivision of the
Subject Property into 30,000 square foot lots;
19. It is noted that Lots 6 and 7, Block 1, have access from Pioneer Trail;
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20. The Applicant must execute a private road agreement in a form acceptable to the city
attorney to assure completion of the private road;
21. The Applicant must submit a final plat to the zoning administrator within 180 days of
the date of this resolution or the approval granted by this resolution shall be null and void. The final
plat must be in compliance with all city ordinances and standards and in accordance with this
preliminary plat approval; and
22. The Applicant must pay to the city an administrative fee in an amount necessary to
reimburse the city for the cost of reviewing and approving this application.
Dated: January 19, 1999.
ATTEST:
Paul Robinson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by member Johnson and
upon vote being taken thereon, the following voted in favor thereof:
Ferris, Hamilton, Johnson, Smith, and Zietlow
and the following voted against same: None
Whereupon said resolution was declared duly passed and adopted.
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EXHIBIT A
The Subject Property is legally described as follows:
Govenunent Lot 2, Section 5, Township 118 North, Range 23 West of the 5th Principal Meridian;
ALSO, the Northwest 1/4 of the Northeast 1/4, EXCEPT the North 2 rods thereof and further
EXCEPTING that part of the West 150 feet of the Northwest 1/4 of the Northeast 1/4 lying South of
the center -line of County Road No. 9, all in Section 5, Township 118 North, Range 23 West of the 5th
Principal Meridian.
RHB-156367
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99-04
01-19-99