HomeMy WebLinkAboutCity Council Resolution 2003-277CITY OF PLYMOUTH
RESOLUTION 2003-277
APPROVING A PRELIMINARY PLAT TO DIVIDE THE EXISTING PARCEL INTO TWO
LOTS AND A VARIANCE FOR LOT WIDTH FOR PROPERTY LOCATED AT 17335
COUNTY ROAD 24 NORTH (2003045)
WHEREAS, Mary Maki has requested approval of a preliminary plat to divide the existing parcel
into two lots and a variance for lot width for a 1.54 acre site located at 17355 County Road 101;
and
WHEREAS, the property is legally described as follows:
That part of the Northwest Quarter of Section 20, Township 118, Range 22, West of the 5th
Principal Meridian, described as follows:
Beginning at a point on the south line of said Northwest Quarter distant 492.4 feet east of the
southwest corner of said Northwest Quarter; thence West along said south line a distance of
492.4 feet to said southwest corner; thence North along the west line of said Northwest Quarter a
distance of 111 feet more or less to the centerline of County Road No. 24; thence northeasterly
along said centerline on a tangential curve having a radius of 1146.26 feet a distance of 369.5 feet
more or less to the point of tangency; thence tangent to last described curve a distance of 228.66
feet; thence South a distance of 471.5 feet to the actual point of beginning; AND that part of the
Northwest Quarter of the Southwest Quarter of said Section 20 described as follows;
commencing at the Northwest corner of said Northwest Quarter of the Southwest Quarter; thence
East along the north line of said Northwest Quarter of the Southwest Quarter a distance of 87.4
feet the actual point of beginning; thence continuing east along said north line a distance of 405
feet; thence south parallel with the west line of said Northwest Quarter of the Southwest Quarter
a distance of 25 feet; thence West parallel with said north line a distance of 392.88 feet; thence
North 25 degrees, 52 minutes West a distance of 27.78 feet to the point of beginning, lying east of
the West 300 feet of said Northwest Quarter of Section 20 and the southerly extension of the east
line of said west 300 feet, and the location of all building thereon, Hennepin County, Minnesota.
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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 Mary
Maki for a preliminary plat to divide the existing parcel into two lots and a variance for lot width
for property located at 17355 County Road 101, subject to the following findings and conditions:
1. The preliminary plat is approved in accordance with the plans received by the City on
April 30, 2003, except as may be amended by this Resolution.
2. A variance is approved to allow a lot width of 30 feet where 110 feet is required, based on
the following findings:
a. A hardship exists due to the arrangement and shape of the land. The site contains
1.54 acres and has enough land area to accommodate three RSF-1 lots, however, the
arrangement and shape of the site and its relationship to the street frontage creates the
need for a variance to the lot width requirement. The variance would allow the site to
support two dwelling units, which would provide for reasonable use of the property.
b. The circumstances related to this request are not generally applicable to other
properties in the RSF-1 district. The arrangement of the existing lot resulted from a
lot division in 1976 that divided a 2.5 acre site into two home sites. If the previous lot
division had been arranged differently, several homes could have been constructed on
the site without variances.
c. The variance would allow the site to be divided in a manner that makes reasonable use
of the land while preserving the character of the neighborhood. The variance would
allow the site to support two dwelling units, which would be closer to the density
required by the Comprehensive Plan.
d. The conditions relating to the hardship were not created by the applicant. The
applicant purchased the home in the current arrangement, prior to current regulations.
The subject site is not wide enough for a typical subdivision lot arrangement with a
public street. The lot arrangement is proposed to accommodate the existing home and
allow a reasonable addition of one new lot.
e. The granting of the variance would not be detrimental to the public welfare or
injurious to the neighborhood. The proposal would be compatible with the established
development pattern of the surrounding neighborhood. Due to the proposed lot
arrangement, the large size of the proposed lots, the deep setback of the existing home
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and dense tree cover, the proposed plat would not negatively affect the existing
character of the neighborhood.
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, substantially
diminish property values within the neighborhood, or create traffic congestion in
public streets. The addition of one single family home would not affect the character
of the area.
g. The requested variance is the minimum action required to eliminate the hardship. The
variance is requested to accommodate an existing home. The width would be 30 feet
wide at the front setback line, providing the width needed for a driveway, however the
parcel would remain at the existing width of approximately 185 feet in the area of the
home, which exceeds the City's requirement in that portion of the parcel.
3. Except for the variation specifically described above, the development shall comply with
all standards specified for the RSF-1 zoning district. No other variances are granted or
implied.
4. Upon submission of the final plat application, the applicant shall revise the plat to show
the additional right-of-way granted to the City by easement on April 20, 1976 under
document number 4205588, subject to Hennepin County approval. The applicant shall
provide additional right-of-way if necessary to meet the County's requirement of 22
additional feet of right-of-way.
5. The applicant need not construct the City trail in conjunction with this plat; the trail will be
constructed by the County in conjunction with improvements to County Road 24.
6. Prior to recording the final plat, the applicant shall provide private easement agreements
for the sewer and water service on Lot 1.
7. 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.
8. Prior to recording the final plat, the applicant shall comply with the City's tree
preservation regulations. The applicant shall submit a revised tree removal plan that
reflects the impact of the driveway and proposed home on the adjacent significant trees.
9. Prior to recording the final plat, the developer shall pay the park dedication fees in lieu of
land dedication for one (1) dwelling unit, pursuant to the Dedication Ordinance in effect at
the time of recording the final plat.
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10. Prior to issuance of a building permit, plans shall be revised to show that the driveway will
meet the three-foot setback to the property line, with the exception of the shared portion
of the driveway.
11. Double -sided address/directional signage shall be located at the intersection of the private
driveway with County Road 24, in a location approved by the City Fire Inspector.
12. 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 June 24, 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 June 24, 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