Loading...
HomeMy WebLinkAboutCity Council Resolution 2002-397CITY OF PLYMOUTH RESOLUTION 2002-397 APPROVING A PRELIMINARY PLAT AND TWO VARIANCES FOR THOMAS LAITALA AND JOSEPH SORRENTINO FOR PROPERTY LOCATED SOUTH OF 8TH AVENUE AND EAST OF HADLEY LAKE (2002055) WHEREAS, Thomas Laitala and Joseph Sorrentino have requested approval of a preliminary plat and two variances to allow a plat of nine single-family lots on a roughly 12.1 -acre site (9.1 net acres) located south of 8"' Avenue and east of Hadley Lake; and WHEREAS, the property is legally described as follows: PARCEL A: All that part of the South half of the Northeast Quarter of Section 31, Township 118 North, Range 22 West, described as follows: Beginning at the Southwest corner of the South half of the Northeast Quarter of said Section 31; thence East along the South line thereof 958.95 feet; thence North 647.53 feet; thence West 973.67 feet to the West line of said South half, thence South 654.6 feet to the point of beginning; except that part thereof lying in the plat ofFAZENDIN-KROGNESS ADDITION. Also Beginning at a point on the East line of the Northeast Quarter of the Southwest Quarter of Section 31, Township 118 North, Range 22 West of the 5"' Principal Meridian distant 9.8 chains South from the Northeast corner thereof, thence North along the East line of the West half of said Section 1301.4 feet; thence West parallel with the North line of the Southeast Quarter of the Northwest Quarter a distance of 240 feet; thence South parallel with said East line of the West half of Resolution 2002-397 (2002055) Page 2 said Section a distance of 997.32 feet; thence Southwesterly to the point of beginning. PARCEL B: Lot 16, "WAYZATA FARMSTEADS", according to the recorded plat thereof, Hennepin County, Minnesota, except the south 125.70 feet of said Lot 16, as measured at right angles to and parallel with the south line of said Lot 16. 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 Thomas Laitala and Joseph Sorrentino for a preliminary plat and variances for property located south of 8"' Avenue and east of Hadley Lake, subject to the following conditions: 1. Approval of the preliminary plat is contingent upon City approval of the rezoning of the 9.1 - acre Laitala property from FRD to RSF-1. 2. The preliminary plat is approved in accordance with the plans received by the City on July 18, 2002, except as may be amended by this Resolution. 3. The requested Zoning Ordinance variance is approved to allow a lot width of 46.5 feet for Lot 5, based on the following findings: a. If the variance were denied, the Shadyview Lane cul-de-sac would need to be lengthened. An unnecessary hardship would result because lengthening the street would require the removal of several additional trees that could otherwise be preserved. The variance would allow a platting arrangement that provides reasonable use of the land in a manner that helps to preserve the character of the area and several trees. b. The circumstances related to this site are somewhat unusual. This in -fill development site is heavily treed, and the request would allow the applicants to preserve the character of the area by maintaining several trees that would otherwise need to be removed. c. The variance is not based solely upon a desire to increase value or income potential. d. The conditions relating to the request were not self-created. e. The granting of the variance would not be detrimental to the public welfare or injurious to the neighborhood. The request would result in a development that preserves additional Resolution 2002-397 (2002055) Page 3 trees and would be compatible with the established development pattern of the surrounding 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. g. The variance is the minimum action required to eliminate the hardship. The proposed 46.5 foot wide lot width for Lot 5 would provide sufficient width to accommodate the driveway. The parcel would be over 200 feet wide in the area where the home would be placed, and therefore, would exceed the City's lot width requirement in that portion of the parcel. 4. The requested Subdivision Code variance is approved for extension in the length of a non- conforming dead-end street, based on the following findings: a. There are special circumstances affecting this property. The only way to gain access to this site is via a long non -conforming street. This condition was created by previous platting due to steep slopes and the presence of Hadley Lake. The applicants did not create this condition. Strict application of the regulation would deprive the applicants reasonable use of the land. b. The extension of this street is essential in order to provide a reasonable use of this land, in a manner that is consistent with the City's Comprehensive Plan. c. The granting of this variance would not be detrimental to the public welfare or injurious to the neighborhood. Additionally, if the Rusten property located to the west is developed in the fiiture, 8t1' Avenue would be required to be extended through that site to connect with Walnut Grove Lane. Such a connection would provide a second means of vehicular access for this area of the City at that time, thereby eliminating the non -conformity. 5. Except for those variations specifically described above, the development shall comply with all standards specified for the RSF-1 zoning district. No other variances are granted or implied. 6. Prior to recording the final plat, the developer shall pay the park dedication fees in lieu of land dedication for eight additional dwelling units, pursuant to the Dedication Ordinance in effect at the time of recording the final plat. 7. The final plat plans shall indicate the name of the new cul-de-sac street as Shadyview Lane rather than Shadyview Court. Resolution 2002-397 (2002055) Page 4 8. Appropriate legal documents regarding Homeowners Association documents, covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. Such document shall specify that the homeowners association shall be responsible for maintenance of the cul-de-sac island. 9. Because this site lies within the Shoreland District for Hadley Lake, all the lots within this subdivision are limited to a maximum impervious surface coverage of 25 percent, or as may be amended in the fiiture. 10. The purchase agreements for each of the lots, as well as any marketing materials for this development, shall clearly state that the maximum impervious surface coverage, including swimming pools, shall be limited to 25 percent of the lot area. 11. The final plat submittal shall include a trail easement from the turn -around portion of the new Shadyview Lane cul-de-sac to the City -owned right-of-way located to the east. 12. Compliance with the City's tree preservation regulations. 13. Any signage shall comply with the Sign Ordinance. 14. Prior to issuance of building permits, wetland buffer monument signs must be installed pursuant to ordinance requirements. 15. A turn -around area shall be provided on Lot 5 pursuant to City specifications due to the over 150 -foot length of the driveway, or the home on Lot 5 shall be sprinkled. 16. 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. Street names shall comply with the City Street Naming System. d. 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. e. No building permits shall be issued until the final plat is filed and recorded with Hennepin County. f. Location and number of fire hydrants shall be approved by the Fire Division. g. Submittal of fire flow data with the final plat. h. A pond maintenance agreement is required between the developer and the City for the water quality ponds. i. 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 Resolution 2002-397 (2002055) Page 5 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 August 27, 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 August 27, 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