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HomeMy WebLinkAboutCity Council Resolution 2002-231CITY OF PLYMOUTH RESOLUTION 2002-231 APPROVING LOT DIVISION AND VARIANCE FOR WEST HENNEPIN COMM[_]NITY BUILDERS FOR PROPERTY LOCATED AT 12307 SUNSET TRAIL (2002016) WHEREAS, an application has been filed by West Hennepin Community Builders which requests approval of a lot division and variance to allow creation of two single-family lots for property generally located at 12307 Sunset Trail; and WHEREAS, the subject site is presently legally described on Attachment One, attached hereto and hereby made a part hereof, and WHEREAS, the proposed lot arrangement for which the lot division is sought is as legally described on Attachment Two, attached hereto and hereby made a part hereof, and WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting 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 lot division and variance request by West Hennepin Community Builders subject to the following findings and conditions: 1. This lot division and variance request is granted in accordance with the plans received by the City on March 20, 2002, except as may be amended by this resolution. 2. The variance for lot width of Parcel B (the southernmost parcel) is granted based upon findings that the applicable variance standards have been met, as follows: a) A hardship exists due to the arrangement and shape of the land. There is enough land area within this site to accommodate two RSF-I lots, however, the arrangement and shape of the site on the landscape and its relationship to the street frontage creates the need for a variance to the lot width requirement. The overall Resolution 2002-231 (2002016) Page 2 of 6 site is roughly 135 feet wide by 360 feet deep. If the site was a corner lot or if it was turned on the landscape so it was roughly 360 feet wide by 135 feet deep, the variance would not be required. The proposed variance would provide for reasonable use of this 1.1 -acre site. b) The circumstances related to this request are not generally applicable to other properties in the RSF-1 district. The original platting and arrangement of this site, which occurred in 1922, established a lot configuration that does not serve the needs of present day land use. Additionally, the site context including the abutting open space, varied home styles, varied setbacks, varied lot arrangements, and existing vegetation in this particular area creates a situation whereby the proposal would not alter the character of the neighborhood. c) The request is not based upon a desire to increase value or income potential. 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. d) The conditions relating to the hardship were not created by the landowner, but rather were created by the original platting of the site. 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. There are other similar lots in the vicinity that have less than 110 feet in lot width at the front yard setback line. 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. g) The requested variance is the minimum action required to eliminate the hardship. Parcel B would be 25 feet wide at the front setback line, providing the width needed to accommodate the driveway. The parcel would be 135 feet wide in the area where the home would be placed, and therefore would exceed the City's requirement in that portion of the parcel. 3. Prior to recording the lot division with Hennepin County, the park dedication fee for two residential dwelling units shall be paid to the City. 4. Prior to the issuance of any building permits by the City, the outbuilding located in the southwest portion of the site shall be removed. Resolution 2002-231 (2002016) Page 3 of 6 5. Prior to recording the lot division with Hennepin County, the applicant shall submit a permanent access easement document for staff approval. The document shall address permanent access and maintenance of the shared portion of the driveway, and shall be recorded with the lot division. 6. Prior to recording the lot division with Hennepin County, the applicant shall submit additional tree information on the survey (including calculations of the tree inches to be preserved) that indicates compliance with the tree preservation regulations. 7. Prior to issuance of building permits, the lot division shall be recorded with Hennepin County. 8. Prior to issuance of building permits, the applicant shall submit a utility plan showing connection to public water and sewer services. 9. Prior to issuance of building permits, the applicant shall provide verification from Hennepin County that the private septic system on the site has been properly abandoned. 10. Due to the length of the driveway, the addresses for the homes shall be posted near Sunset Trail. 11. This resolution does not approve accessory dwelling units on the site. 12. The shared portion of the driveway shall be located on the east side of the existing coniferous tree line on the site. 13. 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 strictures on sites adjacent to, or containing any open storm water drainage facility. d) No yard setback variances are granted or implied. e) Prior to filing the Lot Division with Hennepin County, submission of the required utility and drainage easement documents, as approved by the City Engineer. f) This approval shall expire one year after the date of approval, unless the landowner or applicant has started the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 2 103 0. 06 of the Zoning Ordinance. ADOPTED by City Council on May 14, 2002. Resolution 2002-231 (2002016) Page 4 of 6 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 May 14, 2002, 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 Resolution 2002-231 (2002016) Page 5 of 6 ATTACHMENT ONE (Existing Legal Description) Lot 1, Block 4, WILSHIRE GARDENS, HENNEPIN COUNTY, MINNESOTA. Resolution 2002-231 (2002016) Page 6 of 6 ATTACHMENT TWO (Proposed Legal Descriptions) PARCEL A That part of Lot 1, Block 4,WILSHIRE GARDENS, which lies easterly of a line drawn parallel with and 25.00 feet easterly of the west line of said Lot 1 and which lies northerly of a line drawn perpendicular to the easterly line of said Lot 1, from a point on said easterly line distant 120.00 feet northerly of the southeasterly corner of said Lot 1. Subject to an easement for drainage and utility purposes over, under and across the southerly, easterly and westerly 6.00 feet thereof, and the northwesterly 10.00 feet thereof. PARCEL B That part of Lot 1, Block 4,WILSHIRE GARDENS, which lies westerly of a line drawn parallel with and 25.00 feet easterly of the west line of said Lot 1 and which lies southerly of a line drawn perpendicular to the easterly line of said Lot 1, from a point on said easterly line distant 120.00 feet northerly of the southeasterly corner of said Lot 1. Subject to an easement for drainage and utility purposes over, under and across the easterly, westerly and southeasterly 6.00 feet and the most northwesterly 10.00 feet thereof. Note: The parcel designations used herein are f0i- convenience only and do not represent an integral part cif the legal descriptions.