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HomeMy WebLinkAboutCity Council Resolution 2007-245CITY OF PLYMOUTH RESOLUTION 2007-245 APPROVING INTERIM USE PERMIT FOR DAN AND MARY BALLOY TO ALLOW CONSTRUCTION OF A NEW HOME PRIOR TO REMOVAL OF AN EXISTING HOME, FOR PROPERTY LOCATED AT 2385 WEST MEDICINE LAKE BOULEVARD (2007030) WHEREAS, Dan and Mary Balloy have requested an interim use permit for property located at 2385 West Medicine Lake Boulevard, legally described as follows: Lots 25 and 26, Block 1, Elmurst, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Dan and Mary Balloy for an interim use permit to allow constriction of a new home prior to removal of an existing home, for property located at 2385 West Medicine Lake Boulevard, subject to the following conditions: I. This interim use permit allows the applicant to temporarily reside in the existing home during constriction of a new home on the site, in accordance with the application and plans received by the City on March 19, 2007, except as may be amended by this resolution. 2. A building permit must be applied for and secured within 60 days of the date that this interim use permit is approved. 3. The new home must be completed within 180 days from the date the building permit is issued. Resolution 2007-245 (2007030) Page 2 4. The entire existing (original) home and must be removed from the site prior to completion of the new home or 30 days after final building inspection approval is issued for the new home. Such removal work requires a separate building permit. 5. Prior to issuance of the building permit for the new home: a. The applicant shall provide the City with a financial guarantee (i.e., letter of credit or cash deposit) sufficient to cover the cost of the demolition, or the applicant shall enter into a contractual agreement with the City and provide evidence that the lender has withheld a dollar amount sufficient to cover the cost of demolition or other satisfactory instrument as determined by the City. b. The City Engineering Division shall approve a drainage plan for the property showing that drainage would not impact neighboring properties. c. The City Council must approve an encroachment agreement for a wall to be constricted in a drainage and utility easement. If the wall is over four feet in height, it must be engineered. d. The applicant shall install silt fence on the property. 6. Municipal sewer and water service must continue to be provided to the existing home for the duration of its temporary occupancy. 7. Adjacent paved streets shall be kept free of mud, sand, and silt as a result of constriction. 8. The new home shall comply with all standards specified for the RSF-3 (Residential Single Family Detached 3) zoning district. No variances are granted or implied. 9. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. Resolution 2007-245 (2007030) Page 3 ADOPTED by the City Council on June 12, 2007. 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 June 12, 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