HomeMy WebLinkAboutCity Council Resolution 2009-156CITY OF PLYMOUTH
RESOLUTION 2009-156
APPROVING VARIANCES FOR LOT AREA, LOT WIDTH AND ACCESS TO A PUBLIC
RIGHT-OF-WAY FOR THE CITY OF PLYMOUTH FOR PROPERTY LOCATED AT 5815
JUNEAU LANE NORTH (2009015)
WHEREAS, the City of Plymouth has requested approval of variances to lot area, lot width and
access to a public right-of-way in order to allow the acquisition of land for the Northwest
Greenway trail corridor for property legally described as follows:
The south 330.45 feet of the west half of the northeast quarter of Section 4, Township
118 North, Range 22 west, Hennepin County, Minnesota
WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting
and recommends approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by the City
of Plymouth for variances to allow the acquisition of land for the Northwest Greenway trail
corridor at 5815 Juneau Lane North, subject to the following conditions:
1. This resolution approves variances to lot area, lot width for Lots 1 and 2, and access to a
public right-of-way for Lot 1, in accordance with the application received by the City on May
12 and 22, 2009, except as amended by this resolution.
2. The variances are approved contingent on the approval of a preliminary plat subdividing the
property.
3. The variances for are approved with the finding that the applicable variance standards are
met. Specifically:
a. Chapter 8 of the Comprehensive Plan states that in order to preserve appropriate and
sufficient park land for the fiiture, the City may acquire land for parks, trails or open
space without constricting new roads or extending sewer and water mains.
b. The circumstances related to this request are not generally applicable to other properties
in the FRD district. The City is proposing to acquire property for trail purposes and not
for any development that necessitates the extension of sewer, water or public rights-of-
way.
c. The requested variances are not based upon a desire to increase land value or income
potential of the property, but to accommodate the acquisition of land for a public trail
corridor.
d. The City recently passed a bond referendum to acquire lands for the Northwest Greenway
trail corridor and identified specific parcels of land to acquire for the trail corridor. Some
property acquisition for the greenway can wait until the affected properties subdivide, but
other key parcels, like this property, may not subdivide in the foreseeable future due to
physical constraints (wetland, slopes). In these instances the City must approach a
property owner directly for acquisition.
Resolution 2009-156
(2009015)
Page 2 of 2
The proposal would not be detrimental to the public welfare or injurious to the
neighborhood. The subdivision would not impair an adequate supply of light, increase
congestion on public streets, or increased the danger of fire or diminish property values in
the neighborhood.
f. The variance requests are reasonable based upon the unique conditions of the purpose of
acquisition, and the request is the minimum action necessary to eliminate the hardship.
3. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
4. This variance approval shall expire one year after the date of approval, unless the property
owner or applicant has recorded the associated registered land survey, or unless the
landowner or applicant has received prior approval from the City to extend the expiration
date for up to one additional year, as regulated under Section 21030.06 of the Zoning
Ordinance and Section 516.11 of the City Code.
ADOPTED by the City Council on July 14, 2009.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Plymouth City Council on July 14, 2009, with the original thereof on file in my office, and the
same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk