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
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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.
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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