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HomeMy WebLinkAboutCity Council Resolution 2007-171CITY OF PLYMOUTH RESOLUTION 2007-171 APPROVING A PRELIMINARY PLAT AND VARIANCES FOR TWO SINGLE-FAMILY LOTS FOR PROPERTY LOCATED AT 1900 EAST MEDICINE LAKE BOULEVARD (2006121) WHEREAS, Lake West Development Co., LLC, has requested approval of a preliminary plat and variances to divide the subject site into two lots, for property located at 1900 East Medicine Lake Boulevard; and WHEREAS, the property is legally described as follows: Lots 16 and 17, Medicine Lake Park, Third Division, including adjacent one-half of vacated 19"' Avenue as vacated by Document No. 4557125, also including adjacent one- half of vacated Lancaster Lane as vacated by Document No. 4557126. 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 hereby does approve the request by Lake West Development Co., LLC, for a preliminary plat and variances for two single-family lots, for property located at 1900 East Medicine Lake Boulevard, subject to the following findings and conditions: 1. The preliminary plat and variances are approved in accordance with the plans received by the City on February 26, 2007, except as may be amended by this Resolution. 2. The lot width variances to allow Lot 1 to be 58 feet wide and Lot 2 to be 68 feet wide, where the Zoning Ordinance specifies 80 feet, are approved based on the findings that: a. A hardship exists due to the arrangement and shape of the land. The subject site contains adequate land area to accommodate two RSF-2 lots. However, the arrangement and shape of the site on the landscape and its relationship to the street frontage creates the Resolution 2007-171 (2006121) Page 2 need for variances to the lot width requirement. The proposed variances would provide for reasonable use of this 36,861 square foot site. b. The conditions relating to the hardship are not generally applicable to other properties in the RSF-2 district. The original platting and arrangement of this site, which occurred around the turn of the 20t" century, established the existing lot configuration. c. The request is not based exclusively upon a desire to increase value or income potential. The variance would allow the site to be divided in a manner that makes reasonable use of the land while preserving the character of the neighborhood. d. The hardship is caused by the original platting and lot arrangement. This lot is located in the Medicine Lake Park Division, which is a unique area because it contains a number of nonconforming lots that were platted and developed prior to modern subdivision and zoning regulations. e. The granting of the variances would not be detrimental to the public welfare or injurious to the neighborhood. The proposal would be compatible with the established development pattern of the surrounding neighborhood. There are several other lots in the neighborhood that have less than 110 feet in lot width at the front yard setback line. f. The granting of the variances would not be detrimental to the public welfare or injurious to the neighborhood. The proposal would be compatible with the established development pattern of the surrounding neighborhood. Most of the lots in this neighborhood do not comply with the RSF-2 standards pertaining to lot width and/or lot area. In fact, several lots in the immediate area have a lot width of 50 feet or less. g. The requested variances are the minimum action required to eliminate the hardship. 3. With the exception of the approved lot width variances, the development shall comply with all standards specified for the RSF-2 (Single Family Detached 2) zoning district. No other variances are granted or implied. 4. Because this site lies within the Shoreland District for Medicine Lake, each lot within the plat is limited to a maximum impervious surface coverage of 25 percent, or as may be amended in the fiiture. 5. The purchase agreements for each of the lots, as well as any marketing materials for this development, shall clearly state that the maximum impervious surface coverage, including swimming pools, shall be limited to 25 percent of the lot area. 6. Appropriate permits and approvals shall be obtained from the Bassett Creek Water Management Commission, City of Plymouth (right-of-way), and NPDES. Resolution 2007-171 (2006121) Page 3 7. In conjunction with submission of the final plat application, the developer shall revise the plans as follows or provide the following required information: a. Regarding drainage calculations submitted by Schoell Madson on February 26, 2007, note the following: • Hydrologic Soil Group (HSG) for proposed conditions shall be "C" rather than "B". Curve numbers (CN) shall reflect HSG C. • Provide a map detailing each subcatchment as shown in the drainage diagram. • Calculate time of concentration (Tc). The Tc for a "Direct Entry, Calc in Land" shall not exceed 15 minutes for any subcatchment. • City policy does not allow a rate increase from existing to proposed conditions. b. Identify where the runoff goes as it exits the southwest corner of the site. Address how that runs off impacts the existing (steel mesh and pea rock) drive to the south. c. In addition to the front yard area for Lot 2, the roof runoff for the home on Lot 2 should be directed to "Rain Garden 42" located on that lot. d. Change the sanitary sewer service pipe material from HDPE to PVC SDR35. e. A maintenance agreement shall be required for the two rain gardens. f. Road closure for the sanitary service connection from East Medicine Lake Blvd. shall be kept to one work day. The roadway shall be reopened by the end of the day with a temporary Class 5 aggregate surface. Full street restoration with the bituminous surface shall be completed within 48 hours of service installation. Note on utility plan that the contractor shall contact Plymouth's Engineering Department to setup the road closure. A two week advance notice is required to establish the closure. g. Abandon existing sewer and water services at the main. h. Retaining walls must be engineered. Plans will be needed when submitting for wall constriction permit through the building department. i. Clarify Drainage & Utility easement call outs on sheet C3. Identify either line of the easement with leaders. j. Reinforce 14.6% drainage swale running north/south off the south end of Lancaster Lane. Also armor the same swale through the curve that directs it to the west. See sheet C4. k. Darken proposed contours shown on sheet C4. 1. Correct the 100 foot difference in the spot elevations of the east end of both building pads on sheet C4. m. Install a cleanout on the 10 -inch HDPE storm sewer pipe where the pipe bends between OSC-I & OSC-2. n. Developer must secure and provide a right -of -entry agreement with the property owner to the south in order to make the new water service connection for Lot 2. Also include a note on the plans calling out protection of the existing driveway next to the service connection. Resolution 2007-171 (2006121) Page 4 8. Prior to release of the final plat, the developer shall: a. Pay the park dedication fees in lieu of land dedication for two (2) dwelling units, pursuant to the Dedication Ordinance in effect at the time of recording the final plat. b. Provide ten -foot wide drainage and utility easements along public streets, and six-foot wide drainage and utility easements along the side and rear lot lines. c. All existing strictures shall be removed. 9. A 2radin2 permit is required prior to any excavation or trading on the site. Approval of the site grading and excavation for each lot may also be approved with a building permit issuance. Silt fence shall be installed on the property. 10. Prior to removal of any trees, the applicant shall install all tree protection fencing, submit a tree preservation financial guarantee, and have the site inspected by the City Forester. 11. Building permits shall be obtained prior to any construction on the site. No building permits shall be issued until the final plat is filed and recorded with Hennepin County. 12. The developer is encouraged to work with the adjacent homeowner when designing and locating the new homes on the site, in order to preserve views of Medicine Lake. 13. No docks shall be allowed on the west side of East Medicine Lake Boulevard for either of the two lots, unless otherwise approved by the City Council during the review of the final plat. 14. Standard Conditions: a. Removal of all hazardous trees from the property at the owner's expense. b. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new strictures on sites adjacent to, or containing any open storm water drainage facility. c. This approval shall expire one year after the date of approval, unless the property owner or applicant has recorded the final plat, 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 510 of the City Code. d. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. ADOPTED by the City Council on April 10, 2007. Resolution 2007-171 (2006121) Page 5 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 10, 2007, 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