HomeMy WebLinkAboutCity Council Resolution 2013-329CITY OF PLYMOUTH
RESOLUTION No. 2013-329
A RESOLUTION APPROVING A PRELIMINARY PLAT, FINAL PLAT, AND
VARIANCE FOR "STEWART CAPITAL ADDITION" FOR PROPERTY
LOCATED AT 17825 24TH AVENUE (2013077)
WHEREAS, Stewart Capital Partners has requested approval of a preliminary plat, final
plat, and lot area variance to establish a buildable single-family lot at 17825 24th Avenue; and
WHEREAS, the subject property is presently legally described as Lot 1, Block 5, CROSS
FIRST ADDITION, Hennepin County, Minnesota; and
WHEREAS, the Planning Commission has reviewed the preliminary plat and variance
request at a duly called public hearing and recommends approval.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the
request by Stewart Capital Partners for a preliminary plat, final plat, and variance to establish a
buildable single-family lot for property located at 17825 24th Avenue, subject to the following:
I . A preliminary plat, final plat, and lot area variance is approved to replat the property located
at 17825 24" Avenue as a single-family lot containing 11,183 square feet, in accordance
with the application and plans received by the city on August 20, 2013, except as may be
amended by this resolution.
2. The requested lot area variance is approved, based on the finding that all applicable variance
standards have been met, as follows:
a) The requested variance, and its resulting constriction, would be in harmony with the
general purposes and intent of the ordinance, and would be consistent with the city's
comprehensive plan.
b) The applicant has demonstrated that there are practical difficulties in complying with
the ordinance regulations, because:
I . The applicant proposes to use the property in a reasonable manner.
2. The request is due to unique circumstances related to the right-of-way needs for
the County Road 101 reconstruction and expansion project.
3. The variance would not alter the essential character of the lot or neighborhood.
c) The requested variance is not based solely upon economic considerations. The
applicant is requesting the variance in order to establish a single-family home site where
one previously existed.
Resolution 2013-329
(2013077)
Page 2
d) The variance, and its resulting constriction, would not be detrimental to the public
welfare, nor would it be injurious to other land or improvements in the neighborhood.
e) The variance, and its resulting constriction, would not impair an adequate supply of
light and air to adjacent properties, nor would it increase traffic congestion or the danger
of fire, endanger the public safety, or substantially diminish property values within the
neighborhood.
f) The variance requested is the minimum action required to address the practical
difficulties.
3. Prior to recording the final plat, the applicant shall pay the park dedication cash fee in
lieu of land dedication for one new dwelling unit, in accordance with the dedication
ordinance in effect at the time of filing of the final plat.
4. Standard Conditions:
a. No building permits shall be issued for constriction of a new home on the site until the
final plat is filed and recorded with Hennepin County.
b. 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 applicant, with the consent
of the property owner, 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 and
section 2 103 0. 06 of the zoning ordinance.
ADOPTED by the Plymouth City Council on October 8, 2013.
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 October 8, 2013, 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