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HomeMy WebLinkAboutCity Council Resolution 1998-367CITY OF PLYMOUTH RESOLUTION 98-367 APPROVING LOT DIVISION AND VARIANCE FOR WILLIAM AND JOYCE WILLIAMS FOR PROPERTY LOCATED AT 1235 PEONY LANE NORTH (98044) WHEREAS, an application has been filed by William and Joyce Williams which requests approval of a lot division and variance to allow creation of a new single family lot for property generally located at 1235 Peony Lane North; and WHEREAS, the subject site is presently legally described on Attachment One, attached hereto and hereby made a part hereof, and WHEREAS, the proposed lot arrangement for which the lot division is sought is as legally described on Attachment Two, attached hereto and hereby made a part hereof, and WHEREAS, the Planning Commission has reviewed said 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 lot division and variance request by William and Joyce Williams, subject to the following findings and conditions: 1. The lot division and variance allow creation of a new single family lot at 1235 Peony Lane North, in accordance with the plans received by the City on June 1, 1998, except as amended by this resolution. 2. This resolution approves a variance to allow Parcel B (the easternmost lot) to have a lot width of less than 110 feet at the front setback line, with the finding that the applicable variance standards are met, as follows: a) A hardship exists due to the topography of the site. The site drops roughly 30 feet in elevation from east to west. The variance would allow the site to be divided in a Resolution 98-367 (98044) Page 2 of 7 manner that saves trees, reduces the extent of fill and grading, and preserves the character of the neighborhood. b) The hardship is not generally applicable to other properties in the RSF-1 district. The topography and physical characteristics of this site presents an unusual circumstance. c) The conditions relating to the hardship were not created by the applicants. d) The request is not based upon a desire to increase value or income potential. The variance would help to protect the existing natural environment and preserve the character of the neighborhood. e) The proposal would not be detrimental to the public welfare or the neighborhood, nor would it impair the supply of light and air to adjacent property, increase the danger of fire, endanger the public safety, diminish property values within the neighborhood, or substantially increase the congestion of public streets. f) The proposal appears to be reasonable and would be compatible with the established development pattern of the surrounding neighborhood. 3. No building permits shall be issued until the Lot Division is recorded with Hennepin County. 4. The Lot Division shall not be recorded with Hennepin County until the Park Dedication Fee for one residential lot is submitted to the City. 5. A separate building permit will be required for constriction of the retaining wall. Plans for the retaining wall must be designed and signed by a structural engineer. 6. A new property address may need to be assigned to the existing home presently addressed as 1235 Peony Lane North. 7. The fire hydrant engineering detail, temporary access roads and water supply policy, and Plymouth Fire Department notes must be included on the plans. 8. Prior to the issuance of building permits, wetland buffer monuments shall be installed in accordance with Section 21670.07 of the Zoning Ordinance. The monument design shall be approved by the Community Development Department. 9. Compliance with the City's Tree Preservation Ordinance and approved tree preservation plan. 10. The developer is responsible for the constriction of the required extension of Kimberly Lane and the turn -around. This street shall be constricted to city standards. 11. Watermain area assessment for one unit shall be paid to the City, prior to issuance of building permits for the new home. Resolution 98-367 (98044) Page 3 of 7 12. A 30 -foot wide drainage and utility easement shall be provided for the sanitary sewer and watermain from the Kimberly Lane right-of-way to ten feet south of MH4 and the fire hydrant, prior to filing the final plat with Hennepin County. 13. Prior to installation of the utilities, the applicant shall obtain any necessary permits from the MPCA and State Health Department. 14. Prior to filing the lot division with Hennepin County, the applicant shall provide the City with a right-of-way easement for the portion of the Kimberly Lane turn -around that lies on private property. 15. Plan and profile sheets for the sanitary sewer and watermain, along with specifications, must be submitted for review and approval. 16. A building permit shall not be issued until a contract has been awarded for the constriction of the sanitary sewer, watermain, and street. 17. A financial guarantee shall be submitted to the City for the constriction cost of the sanitary sewer, watermain, and street, prior to the issuance of building permits for the new home; or all the constriction must be completed and accepted by the City before the building permit is issued for the new home. 18. A two-year maintenance bond is required for the public sanitary sewer and watermain. 19. The existing basement elevations of the three existing homes in the Williams Woods Addition must be shown on the plans. 20. A cross access easement for the driveway must be recorded with the lot division. Building permits for the new home will not be issued until the city receives evidence of this easement document. 21. 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 yard setback variances are granted or implied. e) Submission and approval of fire flow calculations, prior to issuance of building permits for the new home. f) Submission of the required Financial Guarantee and Site Performance Agreement for completion of site improvements within twelve months of the date of this Resolution, prior to issuance of building permits. Resolution 98-367 (98044) Page 4 of 7 g) Submission of the required utility and drainage easement documents, as approved by the City Engineer, prior to filing the Lot Division with Hennepin County. h) This approval shall expire one year after the date of approval, unless the landowner or applicant has started 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 21030.06 of the Zoning Ordinance. ADOPTED by City Council on June 24, 1998. 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 June 24, 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 Resolution 98-367 (98044) Page 5 of 7 ATTACHMENT ONE (Existing Legal Description) Lot 1, Block 1, Winnen Addition, according to the recorded plat thereof, Hennepin County, Minnesota, except the east 115.00 feet thereof. Resolution 98-367 (98044) Page 6 of 7 ATTACHMENT TWO (Proposed Legal Descriptions) PARCEL A That part of Lot 1, Block 1, WINNEN ADDITION, except the east 115.00 feet thereof, which is described as follows: Beginning at the northwest corner of said east 115.00 feet; thence on an assumed bearing of West, along the north line of said Lot 1, a distance of 33.01 feet; thence South 47 degrees 38 minutes 04 seconds West 259.73 feet to a point on the south line of said Lot 1, distant 225.60 feet west of the southwest corner of said east 115.00 feet; thence North 89 degrees 35 minutes 20 seconds East, along said south line, 225.60 feet to the southwest corner of said east 115.00 feet; thence North 0 degrees 13 minutes 35 seconds West, along the west line of said east 115.00 feet, 173.40 feet to the point of beginning. Subject to an easement for drainage and utility purposes over, under and across the northerly and southerly 6.00 feet and the southeasterly 10.00 feet thereof. Subject to an easement for driveway purposes over and across that part of the north 45.00 feet of said Lot I which lies westerly and northwesterly of a line drawn 25.00 feet southeasterly of and parallel with the southeasterly line of Parcel 1. Subject to an easement for water access over and across the southerly 10.00 feet thereof. PARCEL B That part of Lot 1, Block 1, WINNEN ADDITION, except the east 115.00 feet thereof, which is described as follows: Commencing at the northwest corner of said east 115.00 feet; thence on an assumed bearing of West, along the north line of said Lot 1, a distance of 33.01 feet, to the point of beginning; thence south 47 degrees 38 minutes 04 seconds West 259.73 feet to a point on the south line of said Lot I distant 225.60 feet west of the southwest corner of said east 115.00 feet; thence South 89 degrees 35 minutes 20 seconds West, along said south line 94.40 feet to the southwest corner of said Lot 1; thence North 0 degrees 13 minutes 35 seconds West, along the west line of said Lot 1, a distance of 175.70 feet, to the northwest corner of said Lot 1; thence on a bearing of East 286.99 feet to the point of beginning. Resolution 98-367 (98044) Page 7 of 7 Subject to an easement for drainage and utility purposes over, under and across the northwesterly, easterly and southerly 6.00 feet and the northerly 10.00 feet thereof. Subject to an easement for driveway purposes over and across that part of the north 45.00 feet of said Lot 1 which lies westerly and northwesterly of a line drawn 25.00 feet southeasterly of and parallel with the northwesterly line of Parcel B. Subject to an easement for snow storage over and across the northerly 25.00 feet thereof. Together with an easement for water access over and across the southerly 10.00 feet of that part of said Lot 1 which lies westerly of the northwesterly line Parcel B. Note: The parcel designations used herein are ft)i- convenience only and do not represent an integral part cif the legal descriptions.