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.