HomeMy WebLinkAboutCity Council Resolution 2010-098CITY OF PLYMOUTH
RESOLUTION NO. 2010-098
APPROVING VARIANCES TO LOT AREA AND FRONTAGE AND ACCESS TO A
PUBLIC STREET FOR PROPERTIES LOCATED AT 4047 COUNTY ROAD 101 AND
18740 MEDINA ROAD (2009080)
WHEREAS, Pulse Land Group LLC has requested approval of variances to lot area and
frontage and access to a public street for properties located at 4047 County Road 101 and 18740
Medina Road, legally described as follows:
PARCEL A (4047 County Road 101):
The Southwest Quarter of the Northwest Quarter of Section 18, Township 118 North,
Range 22 West of the 5th Principal Meridian.
PARCEL B (18740 Medina Road):
That part of the Southwest Quarter of Section 18, Township 118 North, Range 22 West
of the 5th Principal Meridian, lying north of Medina Road (formerly Perkinsville Road).
WHEREAS, the Planning Commission has reviewed 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 Pulse Land Group LLC for variances to lot area and frontage and access to a public street,
subject to the following conditions:
I . This resolution approves variances to lot area to allow properties at 19.7, 17.8, 18.3, and 17.2
acres, where 20 acres is the minimum specified in the FRD district and to allow Lot 2, Block
1, Busch Properties North to have no frontage or access to a public street, in accordance with
the application received by the city on December 31, 2009 and revised plans received on
February 2, 2010, except as amended by this resolution.
2. The variances are approved contingent on the approval of a preliminary and final plat
subdividing the property.
3. The variances for are approved with the finding that the applicable variance standards are
met. Specifically:
a. The circumstances related to this request are not generally applicable to other properties
in the future restricted development (FRD) district. The stated purpose of the FRD
district is to "provide a holding zone until a landowner/developer makes application for
development, at which time the city may rezone the affected property consistent with its
designation in the comprehensive plan, provided that the development does not result in
Resolution 2010-098
(2009080)
Page 2 of 3
the premature extension of public utilities, facilities, or services. A lot size minimum of
twenty (20) acres will retain these lands in their natural or current state or in agricultural
uses until such time as development occurs." Since there is no development or rezoning
proposed, the purpose of the FRD district would be maintained with approval of the
variances.
No development is proposed and existing access to Lot 2, Block 1, Busch Properties
North is maintained. The variance request can be legally mitigated with the dedication of
an access easement.
b. The requested variances are not based upon a desire to increase land value or income
potential of the property, but rather to allow the division of two properties for estate
planning purposes.
c. The hardship is caused by the 20 -acre minimum lot area requirement in the zoning
ordinance. Given the size of the four proposed properties and given that no development
is proposed, the requested variances are consistent with the purpose of the FRD district.
d. Based on the fact that no development is proposed, the variances would not be
detrimental to the public welfare or injurious to the neighborhood. The subdivision
would not impair an adequate supply of light, increase congestion on public streets,
increase the danger of fire, or diminish property values in the neighborhood. A single
family home could be constricted on the vacant northwesterly lot (Lot 1, Block 1, Busch
Properties North).
e. The requested variances are the minimum action required to eliminate the hardship.
3. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
4. This variance approval shall expire one year after the date of approval, unless the property
owner or applicant has recorded the associated registered land survey, 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 the City Council on April 13, 2010.
Resolution 2010-098
(2009080)
Page 3 of 3
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 April 13, 2010, 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