HomeMy WebLinkAboutCity Council Resolution 2014-294CITY OF PLYMOUTH
RESOLUTION No. 2014-294
A RESOLUTION APPROVING VARIANCES FOR TERRA VISTA 4T" FOR PROPERTY LOCATED AT
16405 COUNTY ROAD 47 (2014058)
WHEREAS, GWS Land Development of Plymouth, LLC. has requested approval of
variances to wetland buffer requirements and lot arrangement to allow a subdivision of six lots;
and,
WHEREAS, the subject property is legally described as follows:
Commencing at the northwest corner of the south 1530 feet of the east 759 feet of the northeast
quarter of section 5, township 118, range 22, thence on an assumed bearing of south 0 degrees, 0
minutes, 12 seconds west along the west line of said east 759 feet of the northeast 1/4a distance of
22 feet; thence south 70 degrees, 24 minutes, 32 seconds west a distance of 170.33 feet to the
point of beginning of the land to be described; thence south 0 degrees, 09 minutes, 50 seconds
west a distance of 318.76 feet; thence south 70 degrees, 24 minutes, 32 seconds west a distance
of 757.87 feet to the west line of the east 5/8 of said northeast 1/4; thence north 0 degrees, 09
minutes, 50 seconds east a distance of 1093.49 feet to the center line of County Road no 47,
thence easterly along said center line to its intersection with a line 30 feet east of, measured at
right angles to, and parallel with the west line of said east 5/8 of northeast i/4; thence south 0
degrees, 09 minutes, 50 seconds west along said parallel line a distance of 774.73 feet to its
intersection with a line bearing south 70 degrees, 24 minutes, 32 seconds west from the point of
beginning; thence north 70 degrees, 24 minutes, 32 seconds east a distance of 726 feet to the
point of beginning, Hennepin County, Minnesota.
WHEREAS, the Planning Commission has reviewed said request at a duly called public
meeting.
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 GWS Land Development of Plymouth, LLC. for variances to wetland buffers and lot
arrangement to allow a six -lot subdivision for property located at 16405 County Road 47, subject
to the following:
The requested variances are hereby approved to allow the following: 1) to provide medium -
quality wetland buffers around the north wetland basin instead of high-quality wetland
buffers and 2) a lot arrangement with less than the required lot width and access to a public
street for Lots 5 and 6, in accordance with the application received by the city on June 17,
2014 except as may be amended by this resolution.
Resolution 2014-294
(2014058)
Page 2
2. The requested wetland buffer variance is approved based on the finding that all applicable
variance standards would be met, as follows:
a. The applicant proposes an average 30 -foot wetland buffer around the wetland, which is
consistent with the medium quality of the wetland.
b. The applicant proposes to use the property in a reasonable manner, providing a wetland
buffer consistent with the city's requirements for the quality of the wetland basin adjacent
to Lots 3 and 6.
c. The plight of the applicant is unique in that the affected wetland basin is not of uniform
quality, and the Wetland Conservation Act does not recognize differences in quality
among different portions of a wetland.
d. The variance, if granted, would not alter the essential character of the locality as the
applicant has shown this portion of the wetland basin is of lower quality than the main
basin.
e. The variance is not based exclusively upon economic considerations as the affected
portion of the wetland is of lower quality than the main basin.
f Approval of the variance would not be detrimental to the public safety or welfare, nor
injurious to other land or improvements in the neighborhood. It would not impair an
adequate supply of light and air to the adjacent properties nor substantially increase
traffic.
g. Allowing a wetland buffer consistent with the quality of the adjacent wetland is the
minimum action to address the practical difficulty.
3. The requested variance to lot arrangement is hereby approved, based on the finding that all
applicable variance standards would be met, as follows:
a. The variance and its resulting project would be in keeping with the spirit and intent of the
chapter.
b. The variance would alleviate an unusual hardship. Using the large upland area for two
single-family lots is a reasonable and efficient use of the land. Both Lots 5 and 6 are of
adequate size to accommodate homes that would be consistent with the Terra Vista
neighborhood. Furthermore, the shape and location of the wetlands creates a hardship in
developing the property as the developable portions are connected by a 15 -foot wide
upland area between the wetlands. To provide a 21- or 24 -foot local street to the upland
area in Lots 5 and 6 would require additional wetland fill.
C. The variance and its resulting construction or project would not be detrimental to the
public welfare or injurious to other nearby properties. The homes on Lots 5 and 6 would
be separated from all the adjacent homes by wetlands and ponds.
d. The variance request is the minimum action required to alleviate the hardship.
4. The variance to lot arrangement shall expire if the subdivision approval expires and the
variance to wetland buffer requirements shall expire one year after the date of approval,
unless the property owner or applicant has commenced the authorized improvement or use,
or unless the applicant, with the consent of the property owner, has received prior approval
Resolution 2014-294
(2014058)
Page 3
from the city to extend the expiration date for up to one additional year, as regulated under
section 516.11 of the subdivision regulations and section 21030.06 of the zoning ordinance.
ADOPTED on September 9, 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 September 9, 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