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HomeMy WebLinkAboutCity Council Resolution 2005-255CITY OF PLYMOUTH RESOLUTION 2005-255 APPROVING A MINOR SUBDIVISION AND VARIANCE FOR PROPERTY LOCATED AT 1805 AND 1829 FORESTVIEW LANE NORTH (2005051) WHEREAS, an application has been filed by Richard Elsen Constriction, Inc. for a minor subdivision to transfer the north 1,313 square feet from 1805 Forestview Lane to 1829 Forestview Lane and a lot area variance to allow the size of 1805 Forestview Lane to be reduced from 14,013 square feet to 12,700 square feet in lot area; and, WHEREAS, the subject sites are presently legally described on Attachment One, attached hereto and hereby made a part hereof, and, WHEREAS the proposed lot arrangement for which the minor subdivision is sought is legally described on Attachment Two, attached hereto and hereby made a part hereof. WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting 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 Richard Elsen Constriction, Inc. for a minor subdivision to transfer the north 1,313 square feet from 1805 Forestview Lane to 1829 Forestview Lane and a lot area variance to allow the size of 1805 Forestview Lane to be reduced from 14,013 square feet to 12,700 square feet in lot area, subject to the following conditions: 1. This resolution approves a minor subdivision to transfer the north 1,313 square feet from 1805 Forestview Lane to 1829 Forestview Lane and a lot area variance to allow the size of 1805 Forestview Lane to be reduced from 14,013 square feet to 12,700 square feet in lot area, in accordance with the plans and application received by the City on April 28, 2005, and revised survey received on June 15, 2005, except as amended by this resolution. Resolution 2005-255 (2005051) Page 2 of 5 2. The variance for lot area is approved with the finding that the applicable variance standards are met. Specifically: (a) The physical surroundings of the property create a unique hardship, as distinguished from a mere inconvenience. The proposed reduction in lot area at 1805 Forestview Lane North is requested to provide a legal access to the adjacent property to the North at 1929 Forestview Lane. The 1,313 -square foot property is currently being used by the property to the north for access because the strip of land blocks access to the street. This narrow strip of land is unusable to the property owner of 1805 Forestview Lane. In addition, The use of the property as a driveway access would not change with the variance. (b) The conditions relating to the hardship are not generally applicable to other properties in the RSF- I Zoning District. The applicant is merely requesting the variance to allow an access that has been used by the adjacent property to become a legal situation. This is a unique condition to this property. (c) The purpose of the variation is based exclusively upon a desire to increase the value and income potential of the land; but rather, the variance is necessary to formally allow an existing condition to continue. (d) The hardship is caused by the by the Zoning Ordinance and the physical surroundings of the property. The applicant is requesting the variance to allow continued use of property for a driveway access. (e) Granting the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. There are no changes proposed for the use of the property. (f) The variance 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. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 4. This minor subdivision approval shall expire one year after the date of approval, unless the property owner or applicant has recorded the resolution, or unless the applicant has received prior approval from the City to extend the expiration date, as regulated under Section 506.05 of the Subdivision Ordinance. Resolution 2005-255 (2005051) Page 3 of 5 5. This variance approval shall expire one year after the date of approval, unless the property owner or applicant has recorded this resolution, 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 2 103 0. 06 of the Zoning Ordinance. ADOPTED by the City Council on July 12, 2005. 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 July 12, 2005, 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 Resolution 2005-255 (2005051) Page 4 of 5 ATTACHMENT ONE (Existing Legal Description) 1805 FORESTVIEW LANE: Tract A, Registered Land Survey No. 1112, files of the Registrar of Titles, Hennepin County, Minnesota. Except Road Note: The parcel designations used herein are f )r convenience only and do not represent all integral part cif the legal descriptions. Resolution 2005-255 (2005051) Page 5 of 5 ATTACHMENT TWO (Proposed Legal Descriptions) 1809 FORESTVIEW LANE: That part of Tract A, Registered Land Survey No. 1112, files of the Registrar of Titles, Hennepin County, Minnesota lying south of the southerly line of Outlot A, Ponderosa Woods, as extended easterly to the easterly line of said Tract A. Except Road. 1829 FORESTVIEW LANE: That part of Tract A, Registered Land Survey No. 1112, files of the Registrar of Titles, Hennepin County, Minnesota lying north of the southerly line of Outlot A, Ponderosa Woods, as extended easterly to the easterly line of said Tract A. Note: The parcel designations used herein are ft)i- convenience only and do not represent all integral part cif the legal descriptions.