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HomeMy WebLinkAboutCity Council Resolution 2002-529CITY OF PLYMOUTH RESOLUTION 2002-529 APPROVING A FINAL PLAT FOR "PLUM TREE 5TH ADDITION" AND LOT WIDTH VARIANCE FOR PROPOSED LOT 4 FOR LUNDGREN BROS. CONSTRUCTION, FOR PROPERTY LOCATED AT URBANDALE LANE AND 48TH AVENUE NORTH (2002 1316) WHEREAS, Lundgren Bros. Constriction has requested approval of a final plat for Plum Tree 5t1i Addition, to allow the creation of five single-family lots on the 3.02 -acre site located in the northwest portion of the Plum Tree neighborhood; and WHEREAS, the property is presently legally described as Outlot C, Plum Tree Addition; and WHEREAS, Lundgren Bros. Constriction has requested approval of a variance to the minimum lot width requirement for proposed Lot 4 of Plum Tree 5'11 Addition; and WHEREAS, the Planning Commission has reviewed the requested variance 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 request by Lundgren Bros. Constriction for a final plat for Plum Tree 5'11 Addition, and for a lot width variance for proposed Lot 4 for property located at Urbandale Lane and 48t11 Avenue North, subject to the following conditions: 1. This final plat approves five single-family lots in accordance with the plans received by the City on October 11, 2002, except as may be amended by this Resolution. 2. The requested variance is approved to allow a lot width of 77.23 feet, where 80 feet is specified, for proposed Lot 4 of Plum Tree 5'11 Addition, based on the following findings: Resolution 2002-529 (2002136) Page 2 a) If the variance were denied, an unnecessary hardship would result because the applicant could plat only four lots in an area where five lots were indicated on the approved PUD and preliminary plat. The requested variance provides for reasonable use of the land. b) The circumstances related to this site are somewhat unusual, because a PUD and preliminary plat were approved indicating five lots in this area of the development. c) The requested variance is not based solely upon a desire to increase value or income potential, but rather to comply with the originally approved development plat. d) The conditions relating to the request were not self-created, but were created by the RSF-2 regulations adopted for this site after PUD and preliminary plat approvals were granted. 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 plat that would be compatible with the established development pattern of the neighborhood where it is located. 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. The proposed 77.23 foot wide lot width for proposed Lot 4 would provide sufficient width to accommodate a single-family home. No other variances are requested. 3. Except for the lot width variance specifically described above, the development shall comply with all standards specified for the RSF-2 zoning district. No other variances are granted or implied. 4. The variance approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started constriction of 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. 5. Prior to recording the final plat, the developer shall pay park dedication fees in lieu of land dedication, pursuant to the Dedication Ordinance in effect at the time of recording the final plat. 6. The Plum Tree 5t1' Addition shall comply with the interim wetland regulations that were in force when the preliminary plat was approved for the development. The interim regulations require a permanent 10 -foot wide natural buffer strip along the wetland edge, and a 25 -foot building setback from the wetland edge. Resolution 2002-529 (2002136) Page 3 7. Prior to issuance of building permits, the applicant must install the required permanent wetland buffer monuments pursuant to the interim wetland regulations. 8. Appropriate legal documents regarding Homeowners Association documents, covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. 9. The applicant shall provide a disclaimer in their sales literature to inform potential homebuyers of the proximity of the Canadian Pacific Railroad, the noise produced by the train traffic, and the 24-hour operations of the railway. 10. Prior to issuance of building permits, the developer shall assess the noise situation and incorporate whatever noise mitigation measures are necessary (e.g., extra wall insulation, ridge vents, triple -pane windows, etc.) to ensure compliance with state noise standards. 11. 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 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 November 26, 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 November 26, 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