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HomeMy WebLinkAboutCity Council Resolution 1990-652CITY OF PLXMUTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 15th day of Q=QbQ.X, 199_ The following members were present: mayor Berman Counci memo r+ Helliwell, Ricker, Vasiliou, and 7ituy The following members were absent:____None Councllme_mber Rinker introduced the following Resolution and moved its adoption: RESOLUTION 90-652 APPROVING MODEL HOME FOR LUNDGREN BROS. CONSTRUCTION COMPANY FOR PROPERTY NORTH OF COUNTY ROAD 24 EAST OF MUNICIPAL BOUNDARY (PIN 19-118-22-23-0004) RELATIVE TO RPUD 90-1 (90009) WHEREAS, Lundgren Bros. Construction Company received approval of an RPUD Preliminary Plan/Plat and Conditional Use Permit under Resolution 90-262 on property north of County Road 24 and east of the municipal boundary; and, WHEREAS, the resolution provides that no building permit shall be issued until a contract has been awarded for sewer and water and until the Final Plat is filed and recorded with Hennepin County; and, WHEREAS, the resolution provides that rezoning shall be finalized with the filing of the Final Plat; and, WHEREAS, Lundgren Bros. Construction Company has requested approval of a request to build a model home on an existing legal parcel which contains one of the lots contemplated by the approved Preliminary Plat for this development; and, WHEREAS, Lundgren Bros. Construction Company has agreed to hold the City harmless relative to the construction of the Model Home prior to the approval of the Final Plat and the availability of the municipal utilities; and, WHEREAS, the circumstances are unique relative to the particular property where the model home would be constructed, the timing of the municipal sewer and water construction and the approval of the Preliminary RPUD Plat/Plan; 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 of Lundgren Bros. Construction (:ompany for the construction of a model home on property north of County Road 24 and east of the municipal boundary legally described as PIN 19-118-22-23-0004 subject to the following condition: 1. The approval is for a model home to be used for display and promotional purposes only; no real estate sales shall be conducted on the premises prior to the approval of the Final Plat and rezoning. (see next page) Resolution No. 90-652 File 90009 Page Two 2. Lundgren Bros. Construction Company shall enter into an agreement approved as to form and content by the City Attorney which addresses the following prior to issuance of the building permit: a. An application for Final Plan/Plat approval shall be submitted and diligently pursued within 30 days of the date the contract is let for municipal sewer and water that will serve this area; failure to submit that application will be deemed a withdrawal of the Planned Unit Development and the RPUD approval will be rescinded. b. The City will be held harmless from any and all dimensional requirements for the proposed structure relative to the Final Plat including all setbacks, utility connections and access. No variances are granted or implied. c. Lundgren Bros. Construction Company will provide all prospective customers with a "Preliminary Lot Reservation Agreement" which explicitly states that the approval of the project is pending final approval by the City and the availability of municipal sewer and water, and that no representation is made as to the actual date of availability of those utilities or of the approval of the Final Plat. d. Access to the site may be by continued use of the existing private drive access or a temporary private drive access in lieu of the existing private drive access subject to approval by Hennepin County. e. No human residential occupancy shall be permitted until the dwelling is connected to municipal sewer and water or to a City approved on- site disposal system and potable water supply. A temporary portable sanitation system approved by the City may be provided within the structure. f. All signage related to the model home shall be consistent with the Zoning Ordinance sign standards and any graphic representation of the Planned Unit Development shall clearly indicate that only preliminary approval has been granted and that final approval is pending. 3. The City Council finds the uniqueness of these circumstances and the timing of the municipal City sewer and water warrant this consideration and the matters of temporary access and pending utility availability are deemed temporary. (see next page) . Resolution No. 90-652 File 90009 Page Three 4. Appropriate building permit fee shall be charged for the structure; however, it may be necessary to defer payment of certain charges and fees pending the approval of the Final Plat. Lundgren Bros. Construction Company shall acknowledge this in writing at the time the application for the building permit is made and the balance of any fees or charges that are due later shall be made before any permanent occupancy is allowed or further building permits are issued, whichever occurs first. The motion for adoption of the foregoing Resolution was duly seconded by Coung silio and upon vote being taken thereon, the following voted in favor thereof: Mayor Bery=n, Councilme_mhers Helliwell Ricker. Vaail;ou,_ and Zitur The following voted against or abstained None Whereupon the Resolution was declared duly passed and adopted.