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