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HomeMy WebLinkAboutCity Council Resolution 1998-621CITY OF PLYMOUTH RESOLUTION 98-621 APPROVING PRELIMINARY PLAT AND VARIANCE FOR VINCE AND BETH BEACOM FOR PROPERTY LOCATED AT 5630 PINEVIEW LANE NORTH (98126) WHEREAS, Vince and Beth Beacom have requested approval of a preliminary plat for property legally described as follows: That portion of the South 422.8 feet lying North of the South 207.8 feet of the following described property: Beginning at a point on the West line of Government Lot 6, Section 2, Township 118, Range 22, which point is distant 682.5 feet South of the West Quarter corner of said Section; thence Easterly at an angle of 89 degrees 08 minutes to the left, to the shore of Bass Lake; thence Southerly along the shore of Bass Lake, to the South line of Government Lot 6; thence Westerly along the South line of said Lot 6 to the West line of Section 2; thence Northerly along the West line of Section 2 to the point of beginning. Also that part of the Northeast Quarter of the Southeast Quarter of Section 3, Township 118, Range 22, Hennepin County, Minnesota, lying Easterly of the center line of Pineview Lane and lying Southerly of the South line of Palmers Cove, subject to an easement for roadway purposes over and across the Westerly 33.00 feet thereof. Excepting therefrom that part thereof lying North of the South line of the following described tract of land and its westerly extension. The North 223.7 feet of the following described property: Beginning at a point on the West line of Government Lot 6, Section 2, Township 118, Range 22, which point is distant 682.5 feet South of the West Quarter corner of said Section; thence Easterly at an angle of 89 degrees 08 minutes to the left, to the shore of Bass Lake; thence Southerly along the shore of Bass Lake, to the South line of Lot 6; thence Westerly along the South line of Lot 6, to the West line of Section 2; thence Northerly along the West line of Section 2, to the point of beginning, according to the Government survey thereof. WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval. Resolution 98-621 (98126) Page 2 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 Vince and Beth Beacom for a preliminary plat and variance, subject to the following conditions: 1. A preliminary plat is approved to create two lots, in accordance with the preliminary plat and plans received by the City on July 16, 1998, and revisions received on August 19, 1998, August 28, 1998 and August 31, 1998, except as amended by this resolution. 2. The plat is subject to the RSF-1 setback standards, except as amended by this resolution. 3. The plat is subject to all Shoreland Management Overlay District standards, except as amended by this resolution. 4. Lot 1 and Lot 2 shall share an access at the common lot line. The shared driveway agreements must be approved by City staff and recorded at Hennepin County, prior to recording the final plat. 5. Variances from the minimum lot width requirements in the RSF-1 zoning district and the shoreland district are approved, based on the finding that the seven variance standards have been met. Specifically: a. A hardship exists due to the shape of the site. The existing 2 -acre parcel is a large lot, but it is relatively narrow. The variance would allow the site to be divided into two large lots which would be consistent with the character of the surrounding neighborhood. b. The hardship is not generally applicable to other properties in the RSF-1 district. The size and shape of this site presents an unusual circumstance where the lots would be twice the required minimum lot size, but could not meet the minimum lot width. c. The request is not based solely upon a desire to increase value or income potential. The variance would allow development consistent with the existing neighborhood. d. The conditions relating to the hardship were not created by the applicants. e. The proposal would not be detrimental to the public welfare or the neighborhood. f. The proposal would not 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. g. The proposal is the minimum action required to eliminate the hardship. 6. Address signage for both homes shall be visible on Pineview Lane. 7. Gas service must be in utility easement or noted to be relocated. 8. The OHW contour should be identified on the plans. 9. Provide sewer invert elevations at Pineview Lane. 10. Standard Conditions: Resolution 98-621 (98126) Page 3 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. Submission of the required Financial Guarantee and Site Performance Agreement for completion of site improvements. e. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. f. Park dedication fees shall be cash fees -in -lieu of land dedication in accordance with the dedication policy in effect at the time the final plat is recorded. This fee shall be paid prior to release of the final plat mylars. g. No building permits shall be issued until the final plat is filed and recorded with Hennepin County. h. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. i. 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 October 7, 1998.