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HomeMy WebLinkAboutCity Council Resolution 2004-182CITY OF PLYMOUTH RESOLUTION 2004-182 APPROVING A PRELIMINARY PLAT, FINAL PLAT, AND DEVELOPMENT CONTRACT FOR TWO SINGLE-FAMILY LOTS TO BE KNOWN AS PLYMOUTH PARK PLACE LOCATED AT 4415 NORTHWEST BOULEVARD (2003129) WHEREAS, Henry and Gina Lazniarz have requested approval of a preliminary plat, final plat, and development contract to divide the subject property into two lots for property located at 4415 Northwest Boulevard; and WHEREAS, the property is legally described as follows: That part of the East 233.35 feet of the Northwest Quarter of the Northeast Quarter of Section 15, Township 118, Range 22, Hennepin County, Minnesota, that lies North of the following described Line A, and lies South of a line 140.00 feet North of, as measured at right angles to, and parallel with said Line A. Line A described as follows: Beginning at a point on the West line of said Northwest Quarter of the Northeast Quarter distant 452.26 feet Southerly from the Northwest corner of said Northwest Quarter of the Northeast Quarter; thence East to a point on the East line of said Northwest Quarter of the Northeast Quarter distant 454.99 feet Southerly from the Northeast corner of said Northwest Quarter of the Northeast Quarter and said Line A there terminating. Outlot A, Bitoerin, Hennepin County, Minnesota WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval. Resolution 2004-182 (2003129) Page 2 WHEREAS, the City staff has prepared a development contract covering the improvements related to said plat. FURTHER, that the development contract for said plat be approved, and that the Mayor and City Manager be authorized to execute the development contract on behalf of the City; and, 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 Henry and Gina Lazniarz for a preliminary plat, final plat, and development contract for two single- family lots to be known as Plymouth Park Place located at 4415 Northwest Boulevard, subject to the following findings and conditions: 1. The preliminary plat, final plat, and development contract is approved in accordance with the plans received by the City on November 19, 2003 and revisions received on February 10, March 9, and March 25, 2004 except as may be amended by this Resolution. 3. The development shall comply with all standards specified for the RSF-2 (Residential Single Family -2) zoning district. No variances are granted or implied. 4. Prior to release of the final plat, the applicant shall revise the final plat to identify the name of the current property owner. 5. The applicant shall comply with the City's Tree Preservation ordinance. The applicant shall provide a minimum of 56.25 inches of reforestation, based on the tree reforestation plan received on March 25, 2004. 6. Prior to issuance of a grading or building permit for Lot 2, the applicant shall submit the required financial guarantee for the significant trees shown as preserved on the site and for the new trees proposed for reforestation, in accordance with Section 530.21 of the City Code. 7. Prior to issuance of certificate of occupancy for the home on Lot 2, the applicant shall contact the City Forester to schedule a final tree preservation inspection to verify the preservation of trees and planting of reforestation trees. Fines required due to disturbance of significant tees that have not been protected, but were shown as protected on the approved tree preservation plan, shall be paid in accordance with the Tree Preservation ordinance. 8. Prior to recording the final plat, the developer shall pay the park dedication fees in lieu of land dedication for two (2) dwelling units, pursuant to the Dedication Ordinance in effect at the time of recording the final plat. Resolution 2004-182 (2003129) Page 3 9. Prior to recording the final plat, the applicant shall provide a private easement agreement for the sewer and water service. The agreement shall be recorded at Hennepin County. Proof of the recording at Hennepin County shall be submitted prior to issuance of a building permit for Lot 2. 10. Cross easement and driveway maintenance agreements are required to allow access to 44t1' Avenue North. Prior to recording the final plat, the applicant shall provide a private easement and maintenance agreement which grants shared driveway access across Lot 1 for the benefit of Lot 2. The agreement shall be with the current property owner and shall contain the correct legal description. The agreement shall be recorded at Hennepin County. Proof of the recording at Hennepin County shall be submitted prior to issuance of a building permit for Lot 2. 11. For purposes of determining yard setbacks for Lot 1 of the proposed plat, the north and east lot lines shall be considered its front lot lines and the west lot line shall be considered its rear lot line. The remaining lot lines are considered side lot lines. For Lot 2, the east lot line is considered its front lot line, the west lot line shall be considered its rear, and the north and south lot lines are the side lot lines. 12. Double -sided address/directional signage shall be located at the intersection of the private driveway with 44"' Avenue North, in a location approved by the City Fire Inspector. Addresses will be assigned at the time of building permit issuance. 13. Prior to issuance of a certificate of occupancy for the second house, the existing driveway onto Northwest Boulevard must be removed and the trail, curb, and apron shall be restored. The property shall be restored and landscaped in accordance with Section 21130.02 of the Zoning Ordinance. 14. All constriction within the County right of way requires an approved Hennepin County permit prior to beginning constriction. 15. Standard Conditions: a. Compliance with the City Engineer's Memorandum. b. Removal of all hazardous trees from the property at the owner's expense. c. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new strictures on sites adjacent to, or containing any open storm water drainage facility. d. No building permits shall be issued until the final plat is filed and recorded with Hennepin County. e. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City Resolution 2004-182 (2003129) Page 4 and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. ADOPTED by the City Council on May 11, 2004. 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 May 11, 2004, 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