HomeMy WebLinkAboutCity Council Resolution 2006-432CITY OF PLYMOUTH
RESOLUTION 2006-432
APPROVING A PRELIMINARY PLAT, FINAL PLAT, AND VARIANCES FOR TWO
SINGLE-FAMILY LOTS TO BE KNOWN AS DUCHAINE WOODS LOCATED AT 17815 —
l0"' AVENUE NORTH (2006074)
WHEREAS, Holly Trombley, has requested approval of a preliminary plat, final plat, and
variances to divide the subject property into two lots for property located at 17815 — 10'1' Avenue
North; and
WHEREAS, the property is legally described as follows:
Lot 16, Frick's Garden Tracts, Hennepin County, Minnesota.
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 Holly
Trombley, for a preliminary plat, final plat, and variances for two single-family lots to be known
as DuChaine Woods located at 17815 — 10"' Avenue North, subject to the following findings and
conditions:
1. The preliminary plat, final plat, and variances are approved in accordance with the application
received by the City on July 27, 2006 and plans received on September 25, 2006 and October
5, 2006, except as may be amended by this Resolution.
2. The variances to allow a 97 -foot wide lot and a 75 -foot wide lot, where the Zoning Ordinance
specifies 110 feet, are approved based on the findings that:
Resolution 2006-432
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a. A hardship exists due to the arrangement and shape of the land. There is enough land area
within this site to accommodate more than two RSF-1 lots. However, the arrangement
and shape of the site on the landscape and its relationship to the street frontage creates the
need for variances to the lot width requirement. The proposed variances would provide
for reasonable use of this 3.8 -acre site.
b. The circumstances related to this request are not generally applicable to other properties in
this area. The original platting and arrangement of this site, which occurred in the 1950's,
established a lot configuration that does not serve the needs of present day land use.
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 by the Zoning Ordinance and the physical surroundings of
the property. The applicant would constrict both homes further back from the front
property line than the Zoning Ordinance requires. If lot width was measured at the
location of the homes, rather than at the front setback, there would not be the need for
variances.
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 variances would not impair an adequate supply of light or air to the adjacent property,
or increase the congestion of the public streets, or increase the danger of fire, or endanger
the public safety or diminish property values within the neighborhood.
g. The requested variance is the minimum action required to eliminate the hardship.
3. With exception of the lot width variances, the development shall comply with all standards
specified for the RSF-1 (Residential Single Family -1) zoning district. No other variances are
granted or implied.
4. Prior to removal of any trees, the applicant shall install all tree protection fencing, submit a
tree preservation financial guarantee, and receive approval of an on-site inspection by the City
Forester.
5. The developer shall be responsible for the installation of the new sanitary sewer and water
services ten feet beyond the street right of way. Additionally, the developer is required to
repair the street to existing or improved conditions.
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6. 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. Submit a ten foot drainage and utility easement along the public street, and a six foot
drainage and utility easement along the side and rear property lines.
c. Submit a drainage and utility easement for the existing pond up to the high water elevation
of 978.2.
d. Submit a 15 -foot easement for pond access purposes. The centerline shall be centered on
the common property line of Lots 1 and 2.
7. 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.
8. 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.
9. Prior to issuance of any grading or building permits:
a. Silt fence and wetland buffer monuments shall be installed on the property.
b. The existing house shall be removed.
c. All appropriate permits shall be obtained from the Minnehaha Creek Watershed District.
d. The utility plan references a new wye connection into the watermain. Revise the utility
plan to reference the sanitary sewer.
e. Sanitary sewer clean -outs are required on nuns that exceed 100 feet. Revise utility plan to
place the sewer clean-out for Lot 1 at the angle point. Relocate the proposed sewer
service for Lot 2 so that the clean-out will be located at the intersection of the abandoned
sewer line. Both sewer clean -outs must be located on private property and not within the
street right of way.
f. Revise utility plan to add a note that the sanitary sewer to be abandoned shall be removed
or left in place and filled with sand. Indicate which option will be taken.
g. Revise grading plan to provide City detail DWG -11.
10. The minimum floor elevations for Lot 1 and Lot 2 shall be 986.0.
11. 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 two years 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 512 of City Code.
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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 November 14, 2006.
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 November 14, 2006, 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