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HomeMy WebLinkAboutCity Council Resolution 2014-188CITY OF PLYMOUTH RESOLUTION No. 2014-188 A RESOLUTION APPROVING A PRELIMINARY PLAT, FINAL PLAT AND VARIANCES FOR "FRETHAM 22ND ADDITION" FOR PROPERTY LOCATED AT 14606 COUNTY ROAD 6 (2014021) WHEREAS, Lake West Development Co., LLC has requested approval of a preliminary plat, final plat and lot area and lot width variances to subdivide the property located at 14606 County Road 6 presently legally described as follows: All that part of the Northeast One Quarter (NEI/4) of the Southeast One Quarter (SEI/4) of Section Twenty -Eight (28), Township One Hundred Eighteen (118) North, Range Twenty -Two (22) West of the 5t" Principal Meridian described as follows: Beginning at a point in the center line of County Road No. 6, Nine Hundred Seventy -Five and Seventy -One Hundredths (975.71) feet West of the East line of said Northeast One Quarter (NEI/4) of Southeast One Quarter (SEI/4); thence North parallel with East line of said Northeast One Quarter (NEI/4) of Southeast One Quarter (SEI/4), Two Hundred Eight and Seventy -One Hundredths (208.71) feet; thence West parallel with the center line of County Road 6, Two Hundred Eight and Seventy-one Hundredths (208.71) feet; thence South parallel to the East line of said Northeast One Quarter (NEI/4) of Southeast One Quarter (SEI/4) to center line of County Road No. 6, thence East along said center line to point of beginning, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the preliminary plat and variances 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 Lake West Development, Co., LLC for a preliminary plat, final plat and variances to subdivide the property located at 14606 County Road 6, subject to the following: 1. A preliminary plat, final plat and lot area and lot width variances are approved to allow the property at 14606 County Road 6 to be subdivided into two single-family lots, in accordance with the application and plans received by the city on March 26, 2014 and additional information received on April 7, 2014, May 13, 2014 and May 27,2014, except as may be amended by this resolution. 2. The requested lot area and lot width variances are approved, based on the finding that all applicable variance standards have been met, specifically: a) The requested variances, and resulting construction, 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: Resolution 2014-188 (2014021) Page 2 1. The applicant proposes to use the property in a reasonable manner. 2. The request is due to unique circumstances related to the property not being divided in the past like the majority of the adjacent parcels 3. The variances would not alter the essential character of the neighborhood as the lots would be consistent for both lot size and for lot width with the lots directly east and west of the two newly created lots. c) The requested variances are not based solely upon economic considerations. The applicant is requesting the variances in order to establish a single-family home site similar to the adjacent parcels. d) The variances, and resulting construction, would not be detrimental to the public welfare, nor would they be injurious to other land or improvements in the neighborhood. e) The variances, and resulting construction, would not impair an adequate supply of light and air to adjacent properties, nor would they increase traffic congestion or the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. f) The variances requested are the minimum action required to address the practical difficulties. 3. Prior to release of the final plat for recording, the applicant shall: a) Pay the park dedication cash fee in lieu of land dedication for two new dwelling units, in accordance with the dedication ordinance in effect at the time of filing of the final plat. b) Revise the tree preservation plan to show tree number 114 as either being removed with a revised calculation table or add tree protection fencing to the plan. c) Obtain the necessary permits from Hennepin County in order to install utilities and for permanent access onto County Road 6. 4. Prior to construction of the home on Lot 1, Block 1, Fretham 22nd Addition, the applicant shall obtain a building permit from the Building Division. 5. Prior to the issuance of a building permit, the applicant shall: a) Install and request inspection of silt fencing and tree preservation fencing. b) Provide a certified survey indicating a minimum of two front yard trees to be preserved or planted and identify impervious surface calculations at or below 25 percent. c) Install and request inspection of one address sign for both addresses located at the intersection of the shared drive by the fire inspector. The numbers/letters shall be a minimum of four to six inches in height and in a contrasting color to the sign. 6. Standard Conditions: a) No building permits shall be issued for construction of a new home on the site until the final plat is filed and recorded with Hennepin County. b) Compliance with the city's tree preservation regulations. Resolution 2014-188 (2014021) Page 3 c) Removal of all hazardous trees from the property at the owner's expense. d) This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the project, 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 510 of city code and section 21030.06 of the zoning ordinance. ADOPTED this 10th day of June, 2014. 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 June 10, 2014, 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