HomeMy WebLinkAboutCity Council Resolution 2001-176CITY OF PLYMOUTH
RESOLUTION 2001-176
APPROVING A SITE PLAN AND VARIANCE FOR DAVE REIMER CONSTRUCTION,
INC. FOR PROPERTY LOCATED NORTH OF COUNTY ROAD 6 AND EAST OF
DUNKIRK LANE (2001010)
WHEREAS, Dave Reimer Constriction, Inc. has requested approval of a site plan and variance
for a 14 -unit townhome development to be located north of County Road 6 and east of Dunkirk
Lane; and
WHEREAS, the property is legally described as Lots 1, 2 and 3, Block 1, Graviere Addition; and
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 Dave
Reimer Constriction, Inc. for a site plan and variance for Dave Reimer Constriction, Inc. subject
to the following conditions:
1. The site plan and variance are approved in accordance with the plans received by the City on
March 12, 2001, March 13, 2001, and April 25, 2001, except as amended by this Resolution.
2. The private drives shall be signed at the entrance points as private drives, and shall indicate the
range of addresses that they serve.
3. The private drives shall provide unobstructed access and shall be maintained as a fire lane at
all times.
4. The developer shall restore any portion of the trail along County Road 6 that is damaged as a
result of the development. The trail shall not be used for access or storage.
Resolution 2001-176
(2001010)
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5. Any signage shall comply with the Sign Ordinance.
6. If damage occurs to any significant trees located beyond the boundaries of any grading
easement area as a result of the development, the developer shall replace those trees on the
neighboring site at a 1.0 inch to 1.25 inch ratio.
7. There shall be one Homeowners Association for the development. Maintenance of the
common areas, including but not limited to any retaining walls, fences, signage, and private
drives shall be addressed in the Homeowners Association documents.
8. A variance is approved to allow a corner portion (roughly 35 square feet in area) of the
townhome on Lot 8 to be set back 20 feet from the proposed Comstock Lane right-of-way,
where 25 feet is the minimum front yard setback specified by the Zoning Ordinance, based on
the finding that:
a. The requested 20 -foot setback would allow this 3 -unit townhome building to be moved
northerly by five feet, in order to increase the setback distance between this building and
the building directly to the south. The minimum setback required between those buildings
is 16 feet. The 16 -foot setback works well when the strictures are oriented in a side-to-
side arrangement. However, for privacy reasons the 16 -foot setback requirement does not
work as well with a rear -to -rear building orientation, as proposed in this location. The
applicant states that increasing the distance between those buildings from 16 feet to 21
feet would provide additional space between the buildings and create a more enjoyable
living environment for fiiture residents.
b. The variance would allow a reasonable use of land and would not be detrimental to the
public welfare or injurious to other land in the neighborhood. The proposed setback
would not impair an adequate supply of light and air to adjacent property, endanger public
safety, increase congestion of the public streets, increase the danger of fire or substantially
diminish property values in the neighborhood.
c. The purpose of the variance is not based upon a desire to increase the value or income
potential of the parcel of land; but rather, to provide a more livable environment for the
fiiture residents of this development.
9. 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.
Resolution 2001-176
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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. A pond maintenance agreement is required between the developer and the City for the
water quality ponds.
h. Submission of a Site Improvement Performance Agreement prior to issuance of building
permits.
i. The site plan and variance shall expire one-year from the date of approval, unless the
project is substantially completed or an extension is applied for and granted, as regulated
under Sections 21045.09 and 21030.06 (respectively) of the Zoning Ordinance.
ADOPTED by the City Council on May 8, 2001.
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 8, 2001, 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