HomeMy WebLinkAboutCity Council Resolution 2003-306CITY OF PLYMOUTH
RESOLUTION 2003-306
DENYING AN APPEAL FROM CITY STAFF'S INTERPRETATION OF CONDITION
NO. 3 OF RESOLUTION 2003-103 CONCERNING A SIDE YARD VARIANCE
WHEREAS, on February 25, 2003, the City Council approved Resolution 2003-103, a side
yard variance for the following described property:
Lot 7, Block 4, Wellington Addition, City of Plymouth, Hennepin County,
Minnesota ("subject property").
WHEREAS, paragraph 3 of the approving resolution provides:
Prior to the issuance of building permit, the property irons adjacent to the proposed
construction shall be located by a qualified land surveyor, exposed, staked, and a
string strung along the south property line. If it is determined by the surveyor that
any improvements such as a fence or landscaping encroach upon the neighboring
property, any such encroachments shall be removed prior to issuance of a building
permit. If it is impractical because of weather conditions to remove any such
encroachments, the applicant shall submit a financial guarantee in the form of a
cash escrow or letter of credit equal to the cost of removing the encroachments to
ensure that the work shall be completed not later than July 1, 2003.
WHEREAS, by letter dated May 20, 2003 Senior Planner, Marie Darling, informed the
subject property owner that the condition stated above had not been satisfied because a
surveyor had not located the southerly property line.
WHEREAS, the subject property owner has appealed City staff's determination that the
condition has not been met.
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NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the appeal
based upon the following findings:
1. In a letter to Marie Darling dated May 14, 2003, the property owner's surveyor
states:
My technician Chris and I located monuments at the presumed ends of that line:
One was an uncapped? %" iron pipe near a telephone pedestal at the southeast
corner of the property and another was a capped iron pipe near the terminus of a
wood fence, about 2 feet south of it, near the southwest corner of the property. We
drive 4' long metal U -posts immediately alongside the monuments and hence tied a
string line between them. We did not verify or confirm the accuracy of the positions
of the monuments (e.g. no boundary determination was made) nor did we set survey
stakes along that line. Also, the wood fence was located north of that line.
x x x
This type of location work is unprofessional in nature, since it can and often is done
by non-professionals, without violating the Statute.
2. A 1997 survey by Schoel & Madson, Inc. of the abutting property to the south
indicates that the southerly property line on the subject property may not have been
properly located.
3. The purpose of the paragraph 3 condition was to make a boundary determination to
verify that there are no existing encroachments onto the neighboring property. This
has not been accomplished.
4. A professional survey is needed to verify the southerly boundary of the subject
property.
ADOPTED by the City Council on July 8, 2003.
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STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
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 July 8, 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 , 2003.
City Clerk
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