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HomeMy WebLinkAboutCity Council Resolution 1990-811CITY OF PL7 WOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 17th day of December, 1990_ The following members were present: Mayor Bergman. Couarm Halliwell, Ricker, Vas+ 1 +^u, and Zitur s The following members were absent:_ None C o nnilmwmber Zitur introduced the following Resolution and moved its adoption: RESOLUTION 90-811 APPROVING PRELIMINARY PLAT AND SUBDIVISION FOR ORVILLE AND JOYCE MILLER FOR KINGSWAY ESTATES (90081) WHEREAS, Orville and Joyce Miller have requested approval for a Preliminary Plat for Kingsway Estates, a plat for 4 lots on 3.73 acres of land and a variance from the Subdivision Ordinance design standards to allow a half street right-of-way dedication and not to provide street frontage for property located at the northeast corner of County Road 6 and Xanthus Lane (18630 County Road 6); and, 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 hereby does approve the request by Orville and Joyce Miller for a Preliminary Plat and Subdivision-ariance for Kingsway Estates for 4 lots located at the northeast corner of County Road 6 and Xanthus Lane (18630 County Road 6), subject to the following conditions: 1. Compliance with the City Engineer's Memorandum except with respect to Condition 24 D. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No building permits shall be issued until a contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of filing the Final Plat. 5. Street names shall comply with the City Street Naming System. 6. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. (see next page) Resolution No. 90-811 File 90081 Page Two 7. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 8. Incorporation of tree protection provisions in the Final Plat and Development Contract approval. 9. Approving the variance request to not to provide frontage on a dedicated street, based on the following findings: a. The strict requirement of frontage on a public street would deprive the applicant of the reasonable use of the land. b. The variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. C. The granting of the variance will not be detrimental to the public welfare or injurious to other property. 10. The portion of the plat designated as a 25 -foot street right-of-way for "Xanthus Lane" shall be dedicated with the final plat. 11. Dedication of 10 additional feet of right-of-way for County Road 6 for a total dedication of 50 feet from the center line. 12. Any legal issue relating to whether a private roadway easement exists along the west border of the property should be resolved before final plat approval. The motion for adoption of the foregoing Resolution was duly seconded by Counc+Rinker , and upon vote being taken thereon, the following voted in favor thereof: Mayor ser -ni Goinci 1.n��n era ' Helliwell Ricker, VaeJliou, and Zitur The following voted against or abstained— None Whereupon the Resolution was declared duly passed and adopted.