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HomeMy WebLinkAboutCity Council Resolution 2003-016CITY OF PLYMOUTH RESOLUTION 2003-016 APPROVING A PRELIMINARY PLAT, FINAL PLAT, AND TWO VARIANCES FOR ILYA' S CONSTRUCTION COMPANY FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF 40TH AVENUE AND COUNTY ROAD 101 (2002146) WHEREAS, Ilya's Construction Company has requested approval of a preliminary plat, final plat, and two variances to allow construction of a two-family dwelling on the roughly 0.46 -acre site located at the northeast corner of 40'h Avenue and County Road 101; and WHEREAS, the property is legally described as follows: The north 160 feet of the south 557.5 feet of the west 193.6 feet of the north half of the northeast quarter of the southeast quarter of Section 18, Township 118, Range 22, Hennepin County, Minnesota. 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 should and hereby does approve the request by Ilya's Construction Company for a preliminary plat, final plat, and variances for property located at the northeast corner of 40th Avenue and County Road 101, subject to the following findings and conditions: 1. The preliminary plat and final plat is approved in accordance with the plans received by the City on December 9, 2002, except as may be amended by this Resolution. 2. A variance is approved to allow a rear yard setback of eight feet, based on the following findings: Resolution 2003-016 (2002146) Page 2 a. This parcel will have a relatively shallow lot depth (roughly 122 feet) after land is dedicated for County Road 101 right-of-way. Roughly 38 feet of land on the west side of this parcel was taken in conjunction with the County Road 101 improvement project. The physical layout of this parcel, together with the required 50 -foot setback from the County Road 101 right-of-way, creates a hardship with respect to placement of a two-family dwelling on this RMF -2 property. The requested variance would allow a building placement that would provide for reasonable use of the land. b. The conditions related to this redevelopment site (shallowness of lot due to widening of County Road 101, and required 50 -foot setback from County road 101) are somewhat unusual and are not applicable to most other properties in the RMF -2 zoning district. c. The requested variance is not based upon a desire to increase value or income potential. The requested variance would allow the land to be used in the manner intended by the Comprehensive Plan and Zoning Ordinance. d. The conditions relating to the request were not created by the applicant. e. The granting of the variance would not be detrimental to the public welfare or injurious to the neighborhood. The rear lot line of the parcel abuts an open area abutting the south portion of the church parking lot. f. The granting of the variance would not impair an adequate supply of light and air to adjacent property, increase the danger of fire, endanger the public safety, diminish property values within the neighborhood, or create traffic congestion in public streets. g. The requested variance is the minimum action required to eliminate the hardship. The proposed eight -foot rear yard setback would not encroach into the drainage or utilities easements and would provide sufficient area to maneuver around the building. 3. A variance is approved to allow a driveway curb cut setback of 20 feet from the County Road 101 right-of-way line, based on the following findings: a. This parcel has a relatively shallow lot depth (roughly 122 feet) after land is dedicated for County Road 101 right-of-way. The orientation and physical layout of this parcel creates a hardship with respect to placement of a driveway that would serve both of the dwelling units on this RMF -2 property. Due to the arterial roadway classification of County Road 101, the access for the northerly lot (Lot 1) must come from 40th Avenue by crossing over a portion of the southerly lot (Lot 2). The requested variance would allow a driveway placement that would provide for reasonable use of the land. Resolution 2003-016 (2002146) Page 3 b. The conditions related to this redevelopment site (shallowness of lot due to widening of County Road 101) are somewhat unusual and are not applicable to most other properties in the RMF -2 zoning district. c. The requested variance is not based upon a desire to increase value or income potential. The variance would allow the shared portion of the driveway to be positioned at a right angle to 40th Avenue, while also allowing cars to be parked in the driveway area directly in front of the garage door for the southerly dwelling unit on Lot 2. d. The conditions relating to the request were not created by the applicant. e. The granting of the variance would not be detrimental to the public welfare or injurious to the neighborhood. There are 20 feet of boulevard between the curb for County Road 101 and the lot line. The proposed 20 -foot curb cut setback, together with the 20 feet of boulevard, would result in a distance of 40 feet between the curb line of County Road 101 and the driveway curb cut. The 40 -foot distance that would be provided between the County Road 101 curb line and the driveway curb cut would meet the spirit of the regulation. The Hennepin County Transportation Department has reviewed the proposal with respect to traffic safety and is supportive of the proposed driveway location in this particular case. f. The granting of the variance would not impair an adequate supply of light and air to adjacent property, increase the danger of fire, endanger the public safety, diminish property values within the neighborhood, or create traffic congestion in public streets. g. The requested variance is the minimum action required to eliminate the hardship. 4. Except for those variations specifically described above, the development shall comply with all standards specified for the RMF -2 zoning district. No other variances are granted or implied. 5. Prior to recording the final plat with Hennepin County, 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. 6. Prior to recording the final plat with Hennepin County, the applicant shall provide a private easement document which grants driveway access across Lot 2 for the benefit of Lot 1. Driveway access to Lot 1 and Lot 2 shall be provided via 40th Avenue, and shall be prohibited from County Road 101. 7. Prior to recording the final plat with Hennepin County, the applicant shall provide a private easement document which grants utility access for the sanitary sewer service across Lot 2 for the benefit of Lot 1. Resolution 2003-016 (2002146) Page 4 8. Appropriate legal documents regarding Homeowners Association documents, covenants and restrictions, as approved by the City, shall be filed with the Final Plat. Such document shall address maintenance of the shared portion of the driveway. 9. Prior to recording the final plat with Hennepin County, the applicant shall remove all existing structures from the site. 10. Compliance with the City's tree preservation regulations. 11. 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 structures 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 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 January 7, 2003. 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 January 7, 2003, 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