HomeMy WebLinkAboutCity Council Resolution 1998-306CITY OF PLYMOUTH
RESOLUTION 98-306
APPROVING A VARIANCE FOR DANIEL AND ANN MARIE ARNOLD FOR A
SEPTIC SYSTEM 50 FEET FROM MOONEY LAKE ON PROPERTY LOCATED AT
1755 TROY LANE NORTH (98056)
WHEREAS, Daniel and Ann Marie Arnold have requested approval of a variance for
property legally described as follows; and
Land situated in the County of Hennepin and State of Minnesota, to wit:
That part of Tract B, Registered Land Survey No. 854, lying Westerly of a line and
extensions thereof beginning at a point on the Northwesterly line of said Tract B, 212.73
feet Southwesterly from the most Northerly corner thereof, to a point on the Southerly
line of said Tract B, 230.50 feet West of the Southeast corner thereof and there ending,
Files of Registrar of Titles, County of Hennepin.
Together with a non-exclusive easement for private roadway purposes in connection with
the occupancy of Tracts B, C, D and part of J over Tracts H and I, said Registered Land
Survey as shown in deed Doc. Nos. 627903, 652946 and 674607, Files of Registrar of
Titles; (See Inst)
Subject to a roadway easement as contained in deed dated August 21, 1949, recorded in
Book 1823 of Deeds, page 571 as to portion of Government Lot 3 and accretions thereto;
(Now described as Tract I, Registered Land Survey No. 854)
Subject to a private roadway easement as reserved in the deed dated July 5, 1952 and
recorded in Book 1947 of Deeds, page 230 as to the East 33 feet of Government Lot 5
and accretions thereto; (Now described as Tract H, Registered Land Survey No. 854)
Subject to a private roadway easement and incidental rights and obligations, all as set forth
in that certain easement agreement dated March 1, 1955, recorded in Book 2038 of
Deeds, page 600 as subsequently amended by an agreement dated June 28, 1957 and
recorded in Book 2154 of Deeds, page 580 as to the portion of Government Lot 3 and
Resolution 98-306
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accretions thereto and the East 33 feet of Government Lot 5 and accretions thereto; (Said
roadway now Tracts H and I, Registered Land Survey No. 854)
Subject to agreements as shown in deed Doc. No. 674607, Files of Registrar of Titles;
Subject to an easement for lake access over that part of said Tract B described as follows:
Beginning at a point on the Southerly line of said Tract B, 230.50 feet Westerly of the
Southeast corner thereof, thence Westerly along said Southerly line to the most Westerly
corner thereof, thence Southwesterly along the Northwesterly line of said Registered Land
Survey to the shore of Mooney Lake; thence Northwesterly along said shore to its
intersection with an extension Westerly of a line drawn parallel with and 10 feet at right
angles Northerly of the Southerly line of said Tract B to the Westerly line of land
hereinabove described; thence Southerly to the point of beginning as shown in deed Doc.
No. 960432, Files of Registrar of Titles;
Together with that part of the following described property:
That part of Government Lot 3, section 30, Township 118, Range 22, described as
follows: Beginning at the point of intersection of the centerline of Tract I, Registered
Land Survey No. 854, with the Northwesterly line of said Registered Land Survey; thence
Northwesterly on a line forming an angle in the Westerly quadrant of 85 degrees and 45
minutes with said Northwesterly line, a distance of 160 feet; thence deflecting right 14
degrees a distance of 48.1 feet; thence deflecting left 97 degrees, 28 minutes and 48
seconds a distance of 126.71 feet; thence Southerly to a point on the Northwesterly line of
said Registered Land Survey distant 229.27 feet Southwesterly from the point of
beginning; thence Northeasterly along said Northwesterly line to the point of beginning.
Which lies Northerly and Northwesterly of a line described as follows:
Commencing at the point of intersection of the centerline of said Tract I with the
Northwesterly line of said Registered Land Survey No. 854; thence Northwesterly, along
the Northeasterly line of the tract hereinabove described a distance of 110.00 feet, to a
point hereinafter referred to as "Point A"; thence continuing Northwesterly, along the last
described course, a distance of 19.00 feet, to a point hereinafter referred to as "Point B";
thence Westerly, deflecting to the left 56 degrees 52 minutes 00 seconds, to the Westerly
line of the tract of land hereinabove described, said point hereinafter referred to as "Point
C"; thence Southerly, along said Westerly line, a distance of 36.00 feet, to the point of
beginning of the line to be described; thence Easterly, along a line passing through the
above referenced "Point A," to a point distant 74.00 feet Westerly from said "Point A";
thence Northeasterly, to a point on a line drawn between the above referenced "Point B"
and "Point C", distant 58.00 feet Westerly from said "Point B"; thence Easterly to said
"Point B" and said line there terminating.
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Subject to and together with an easement for ingress and egress over Tracts H and I,
Registered Land Survey No. 854 and that part of said Government Lot 3, which is a strip
of land 33 feet wide lying within a distance of 16.5 feet on each side of the following
described centerline to -wit: Beginning at the point of intersection of the centerline of said
Tract I with the Northwesterly line of said Registered Land Survey; thence Northwesterly
along the Northeasterly line of the Tract hereinabove described, a distance of 160 feet;
thence deflecting right 14 degrees, a distance of 48.1 feet to the most Northerly corner of
said Tract and there ending.
WHEREAS, the Planning Commission has considered the request 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 Daniel and Ann Marie Arnold for a variance to locate a septic system 50 feet
from Mooney Lake, subject to the following conditions:
1. This approval is for a variance at 1755 Troy Lane, in accordance with the application
and plans received by the City on March 26, 1998.
2. The applicant shall obtain all necessary permits and approvals for installation of the
septic system, and said permits and approvals are not abrogated by the approval of the
variance.
3. The Variance allows the placement of a septic system 50 feet from Mooney Lake with
the findings that:
a) The circumstances relating to the proposal are unique due to the existing septic
system located at 50 feet from the lake and the location of mature trees on the
property.
b) The variance is not based upon a desire to increase the value or income
potential of the land; but rather, to have a fiinctioning septic system.
c) The granting of the variance would not be detrimental to the public welfare or
safety, because the variance would allow the applicant to repair a failing septic
system. In addition, the soil conditions of the site are well suited for a septic
system.
d) The granting of the variance would not have adverse impacts on surrounding
properties because the septic system is located approximately 70 feet from the
nearest property line.
Adopted by the City Council on May 20, 1998.
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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 12, 1998 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