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HomeMy WebLinkAboutCity Council Resolution 2009-269CITY OF PLYMOUTH RESOLUTION 2009-269 A RESOLUTION DENYING THE PRELIMINARY AND FINAL PLAT OF KINGSVIEW HEIGHTS 5TH ADDITION (2009034) WHEREAS, EICHI, Inc. has requested approval of a preliminary and final plat to create one lot for a single family home on property north of 44"' Avenue between Harbor and Juneau Lanes (the "Proposed Plat"); and WHEREAS, the property is legally described as follows: Outlot J, Kingsview Heights 2"a Addition according to the recorded plat thereof, Hennepin County, Minnesota; and WHEREAS, the Planning Commission has reviewed the Proposed Plat application at a duly called public hearing and has forwarded its recommendation to the City Council. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it denies the application by EICHI, Inc. for a preliminary and final plat approval for the Proposed Plat based on the following findings: 1. The Plymouth City Council approved the final plat of Kingsview Heights 2"a Addition on July lit 1985. Outlot J is part of that plat. 2. The Plymouth City Code provides that an "outlot" is "a parcel of land subject to future platting prior to development, or a parcel of land which is designated for public or private open space, right-of-way, utilities or other similar purposes." Plymouth City Code § 502.03 3. In 1987, the Plymouth City Council denied plat approval for Kingsview Heights -1 Addition which would have replatted Outlot J into a buildable lot. The plat was denied for the following reasons: a. The original approval of RPUD 85-1 intended Outlot J to be private common open space under the control of the Homeowners Association. b. The Developer should amend the Homeowners Association documents to include Outlot J as common open space. c. The proposed amended PUD is not consistent with PUD attributes at the proposed density, i.e. after reduction of common open space and the addition of a dwelling Unit. 4. Oulot J was intended to be common open space owned by the Kingsview Heights Homeowners Association, Inc. The approval of Kingsview Heights 2"a Addition was predicated upon this occurring. 5. EICHI, Inc. is the constrictive trustee of Outlot J for the benefit of the Kingsview Heights Homeowners Association, Inc. and does not have the right to plat the property to develop it as a single family home site. The Kingsview Heights Homeowners Association did not sign or consent to the filing of the plat application. 6. EICHI, Inc is under an equitable duty to convey Outlot J to the Kingsview Heights Homeowners Association, Inc. to be held as open space. ADOPTED by the Plymouth City Council on November 10, 2009. STATE OF MINNESOTA) ( ss. COUNTY OF HENNEPIN ) 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 November 10, 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 , 2009. City Clerk 2