HomeMy WebLinkAboutCity Council Resolution 2021-128
C ITY OF P LYMOUTH
R ESOLUTION N O. 2021-128
R ESOLUTION A PPROVING P RELIMINARY P LAT AND V ARIANCE FOR R & R I SLAND V IEW,
FOR F IELDS O F V ICKSBURG FOR P ROPERTY
LOCATED AT 5335 V ICKSBURG L ANE N ORTH (2020020)
WHEREAS, R & R Island View, has requested approval of a preliminary plat and lot width
variance for roughly 4.5 acres of land presently legally described as follows:
That part of the East 660 feet of the North ½ of the Northeast Quarter of Section 8, Township
118, Range 22, lying Northerly of a line 30 feet Northerly of, measured radial to and parallel with the
Northerly right of way line of Soo Line Railroad. (Minneapolis, St. Paul & Sault Ste. Marie Railroad
Company), EXCEPT that part which lies westerly and northerly of the following described line:
Commencing at the Northeast Quarter of Section 8; thence westerly, along the north line of said North
½ a distance of 372.93 feet to the point of beginning of said line; thence deflecting to the left 68 degrees
07 minutes 29 seconds a distance of 230.37 feet; thence deflecting to the right 57 degrees 25 minutes
15 seconds a distance of 202.55 feet to the West line of said East 660 feet, and said line there
terminating, Hennepin County, Minnesota; and
WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing
and recommends approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and does approve the request by R & R Island View, for a preliminary plat
and variance for Fields of Vicksburg, subject to the following conditions:
1. A preliminary plat and lot width variance are approved to allow the property at 5335
Vicksburg Lane to be subdivided into three-single family lots and two Outlots, in
accordance with the development plans received by the city on December 3, 2020, and
additional information on March 9, 2021, except as amended by this resolution.
2. The requested lot width variance for Lot 3 to allow a 35-foot lot width where 65 feet is
specified, is approved, based on the finding that all applicable variance standards have
been met, specifically:
a) The requested variance, and resulting construction, would be in harmony with the
general purposes and intent of the ordinance, and would be consistent with the city’s
comprehensive plan.
b) The applicant has demonstrated that there are practical difficulties in complying with
the ordinance regulations, because:
1. The applicant proposes to use the property in a reasonable manner.
Res. 2021-128
File 2021020
Page 2
2. The request is due to circumstances unique to the property that were not
created by the landowner. The applicant would not propose any filling of the
delineated wetland.
3. The variance would not alter the essential character of the neighborhood as the
lots would be consistent for both lot size and lot width with the lots directly
west and north of the newly created lots.
c) The requested variance is not based solely upon economic considerations. The
applicant is requesting the variance in order to establish single-family homes with
similar footprints to the adjacent parcels.
d) The variance, and resulting construction, would not be detrimental to the public
welfare, nor would it be injurious to other land or improvements in the neighborhood.
e) The variance, and resulting construction, would not impair an adequate supply of light
and air to adjacent properties, nor would it increase traffic congestion or the danger
of fire, endanger the public safety, or substantially diminish property values within the
neighborhood.
f) The variance requested is the minimum action required to address the practical
difficulties.
3. Prior to release of the final plat for recording, the applicant shall:
a) Receive city approval of final construction plans.
b) Obtain MPCA, MCES, MDOH and NBDES permits.
c) Revise the plat to provide the requested amount of right-of-way along Vicksburg Lane
to cover the toe of the slope.
d) Execute the development contract and provide the related financial guarantees and
fees.
e) Revise the plans to meet fire code requirements as follows:
1. Identify the total length of the existing street with the proposed street extension
and cul-de-sac.
2. Submit turning radius proof for the fire apparatus in the cul-de-sac.
3. Submit fire flow calculations flowing from the highest elevation hydrant that is
most remote from the cross-street water main.
4. Prior to construction of the homes, the applicant shall obtain a building permit from the
building division.
5. Prior to issuance of a building permit, the applicant shall fulfill the requirements, submit the
required information, and revise the plans as indicated below, consistent with the applicable
city code, zoning ordinance, and engineering guidelines:
a) File and record the final plat with Hennepin County.
b) Dedicate Outlots A and B to the City of Plymouth.
nd
c) Remove the temporary turn-around located at 16100 and 16100 52 Place and
restore boulevards.
Res. 2021-128
File 2021020
Page 3
d) Construct trail system as laid out by the city within Outlots A and B. City will provide
alignment staking.
e) Install and request inspection of tree protection fencing and silt fencing.
f) Provide certification of the installation of the wetland buffers in locations per the
approved plans.
g) Complete the grading operations and provide a grading certificate certified by the
licensed project engineer.
h) Provide a certificate of survey indicating a minimum of two front yard trees to be
planted.
i) The lowest floor elevation shall be at least two feet higher than the high-water
elevation for the wetlands or basin.
6. Standard Conditions:
a) Silt fence shall be installed prior to any construction.
b) Retaining walls over four feet require issuance of a building permit and a minimum 42-
inch high fence installed on top.
c) Removal of all hazardous trees at the owner's expense.
d) No trees shall be planted in the public right-of-way.
e) Compliance with the city’s tree preservation, reforestation, and restitution regulations.
f) The preliminary plat and variance shall expire one year after the date of approval,
unless the property owner or applicant has applied for final plat approval, or unless the
applicant, with the consent of the landowner, has received prior approval from the city
to extend the expiration date for up to one additional year, as regulated under section
510 of city code.
APPROVED by the City Council on this 13th day of April, 2021.
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
April 13, 2021, 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