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HomeMy WebLinkAboutCity Council Resolution 2002-286CITY OF PLYMOUTH RESOLUTION 2002-286 APPROVING LOT DIVISION AND VARIANCES FOR JOSEPH AND BARBARA CAVANAUGH FOR PROPERTY PRESENTLY ADDRESSED AT 11209 SUNSET TRAIL (2001109) WHEREAS, an application has been filed by Joseph and Barbara Cavanaugh which requests approval of a lot division and variances to allow creation of a new single-family lot for property generally located at 11209 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. 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 variances requested by Joseph and Barbara Cavanaugh, subject to the following findings and conditions: 1. The requested lot division and variances are approved in accordance with the application and plans received by the City on August 20, 2001, except as may be amended by this resolution. 2. The variances allow Parcel 1 and Parcel 2 to each have a lot area of 14,370.8 square feet, where 18,500 square feet is the minimum lot area required, based upon findings that the applicable variance standards have been met, as follows: Resolution 2002-286 (2001109) Page 2 a) A hardship exists due to the arrangement of the land. There is enough lot width within this site to accommodate two RSF-1 lots, however, the site does not contain enough lot area for two RSF-1 lots creating the need for variances to the lot area requirement. The proposal would meet all other zoning ordinance standards and regulations, including building setback requirements. The variances would provide for reasonable use of this 0.659 -acre (28,741.6 square foot) site, allowing for one existing home and one new home on the property. b) The circumstances related to this request are not generally applicable to other properties located in the RSF-1 zoning district. Additionally, the placement of the new home on the site would be compatible with the character of the surrounding neighborhood. c) The request is not based exclusively upon a desire to increase value or income potential. The applicants state that the variances would allow for constriction of a new affordable home for a family member. d) The conditions relating to the hardship were not created by the applicant, but rather were created by the original platting of the site which occurred in 1914. e) The granting of the variance would not be detrimental to the public welfare or injurious to 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, diminish property values within the neighborhood, or substantially increase congestion in public streets. g) The requested variance is the minimum action required to eliminate the hardship. 3. Prior to filing the lot division with Hennepin County, the applicant shall submit the park dedication fee in lieu of land dedication for one additional single-family lot, in accordance with the dedication ordinance in effect at the time of filing the lot division. 4. Prior to issuance of building permits, the lot division shall be recorded with Hennepin County. 5. Compliance with the City's Tree Preservation Ordinance. 6. Standard Conditions: a) Compliance with the City Engineer's Memorandum. b) Removal of all hazardous trees from the property at the owner's expense. Resolution 2002-286 (2001109) Page 3 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 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 June 25, 2002. 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 25, 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 2002-286 (2001109) Page 4 ATTACHMENT ONE (Existing Legal Description) Lot 6, Block 4, SHORTLINE ACRES. Resolution 2002-286 (2001109) Page 5 ATTACHMENT TWO (Proposed Legal Descriptions) PARCEL 1 That part of Lot 6, Block 4, SHORTLINE ACRES, which lies easterly of a line drawn perpendicular to the southerly line of said Lot 6, from a point on said south line, distant 83.00 feet westerly of the southeasterly corner of said Lot 6. PARCEL 2 That part of Lot 6, Block 4, SHORTLINE ACRES, which lies westerly of a line drawn perpendicular to the southerly line of said Lot 6, from a point on said south line, distant 83.00 feet westerly of the southeasterly corner of said Lot 6. Note: The parcel designations used herein are f v convenience only and do not represent an integral part cif the legal descriptions.