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HomeMy WebLinkAboutCity Council Resolution 1998-733CITY OF PLYMOUTH RESOLUTION 98-733 APPROVING LOT DIVISION AND VARIANCE FOR THE ROTTLUND COMPANY, INC. FOR PROPERTY LOCATED AT 10405 -6TH AVENUE NORTH (98186) WHEREAS, an application has been filed by The Rottlund Company, Inc. which requests approval of a lot division and variance to allow the transfer of land for 6"' Avenue right-of- way for property located at 10405 6"' Avenue 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 The Rottlund Company, Inc., subject to the following findings and conditions: 1. The lot division and variance allow the transfer of roughly 537 square feet of land for 6"' Avenue right-of-way, in accordance with the plans received by the City on November 25, 1998, except as amended by this resolution. 2. This resolution approves a variance to allow the existing parking lot on the site to be located less than 20 feet from the expanded 6"' Avenue right-of-way line, with the finding that the applicable variance standards are met, as follows: a) Uniqueness — the circumstances relating to the proposal are unique due to the requirement for additional road right-of-way as part of plat approval for The Village at Bassett Creek. This condition was not created by the landowner. Resolution 98-733 (98186) Page 2 b) Increase in Value — the variance is not based upon a desire to increase the value or income potential of the land. The additional right-of-way would allow constriction of a public street north of the site, but would not change access to the site. C) Public Welfare — the granting of the variance would not be detrimental to the public welfare, as the variance would not result in a hazardous condition. The variance would allow for constriction of a needed street that would provide a benefit to the public. d) Neighborhood Impacts — the granting of the variance would not have adverse impacts on surrounding properties. The reduced parking lot setback would not be readily noticeable to surrounding properties or passers-by. 3. Upon recording of the lot division with Hennepin County, the roughly 537 square foot area (Parcel A) shall be deeded to the City of Plymouth for 6"' Avenue right-of-way. 4. Compliance with the City Engineer's Memorandum. ADOPTED by the City Council on December 16, 1998. Resolution 98-733 (98186) Page 3 ATTACHMENT ONE (Existing Legal Description) Lot 1, Block 1, Prime West Business Park 4"' Addition. Resolution 98-733 (98186) Page 4 ATTACHMENT TWO (Proposed Legal Descriptions) PARCEL A (proposed right -of way area) All that part of Lot 1, Block 1, PRIME WEST BUSINESS PARK 4" ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying northeasterly of the following described line: Commencing at the intersection of the northerly line of said Lot 1 and the westerly right of way line of 6"' Avenue North as delineated and dedicated on PRIME WEST BUSINESS PARK 2N) ADDITION, according to the recorded plat thereof, said Hennepin County; thence on an assumed bearing of South 00 degrees 48 minutes 32 seconds East, along said westerly right of way line, a distance of 144.60 feet; thence North 00 degrees 48 minutes 32 seconds West, a distance of 85.00 feet, to the point of beginning of the line to be described; thence northwesterly a distance of 81.71 feet, along a tangential curve concave to the southwest, having a central angle of 50 degrees 52 minutes 43 seconds and a radius of 92.02 feet to said northerly line of Lot 1 and there terminating. PARCEL B (10405-6t" Avenue building and parking lot area) Lot 1, Block 1, PRIME WEST BUSINESS PARK 4TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, except that part lying northeasterly of the following described line: Commencing at the intersection of the northerly line of said Lot 1 and the westerly right of way line of 6"' Avenue North as delineated and dedicated on PRIME WEST BUSINESS PARK 2N) ADDITION, according to the recorded plat thereof, said Hennepin County; thence on an assumed bearing of South 00 degrees 48 minutes 32 seconds East, along said westerly right of way line, a distance of 144.60 feet; thence North 00 degrees 48 minutes 32 seconds West, a distance of 85.00 feet, to the point of beginning of the line to be described; thence northwesterly a distance of 81.71 feet, along a tangential curve concave to the southwest, having a central angle of 50 degrees 52 minutes 43 seconds and a radius of 92.02 feet to said northerly line of Lot 1 and there terminating. Note: The parcel designations used herein are f )r convenience only and do not represent an integral part cif the legal descriptions.