HomeMy WebLinkAboutCity Council Resolution 2016-223
C ITY OF P LYMOUTH
R ESOLUTION N O. 2016-223
R ESOLUTION A PPROVING A C ONDITIONAL U SE P ERMIT TO A LLOW
C ONSTRUCTION OF A N EW H OME FOR P ROPERTY L OCATED
AT 2860 E VERGREEN L ANE (2016032)
WHEREAS, Erin Daugherty has requested approval of a conditional use permit for floodplain
alterations; and,
WHEREAS, the subject property is legally described as:
All that part or portion of Government Lot 8, Section 23, Township 118, Range 22, described as
follows: Commencing on the northerly line of the southwesterly quarter of the southwesterly
quarter of said section 23, at a point 783.8 feet east of the northwest corner of said southwest
quarter of the southwest quarter of said section; thence south 117.83 feet; thence east parallel
with the south line of said section of the west line of Government Lot 8 in said section; thence
north along the west line of said Government Lot 8 a distance of 11 feet; thence east parallel with
south line of said section a distance of 565 feet; thence at right angles north a distance of 54 feet;
thence east parallel with the south line of said section extended east a distance of 454.3 feet to a
point in northerly extensions of easterly line of West Point Street as originally laid out and
dedicated in plat of Bolduc’s Medicine Lake Park; thence northerly along extensions of said
easterly line of West Point Street a distance of 50 feet; thence east parallel with the south line of
said section extended east, a distance so as to reach and intersect with the average high water
line of Medicine Lake; thence along said average high water line of said Lake Northerly to the
point of intersection of the said average high water line and a line drawn parallel with and 94 feet
distance at right angles from the last mentioned east and west course, which point is the actual
point of beginning of the land herein contracted to be conveyed; thence west parallel with the
south line of said section extended east, to the easterly line of said West Point Street extended,
thence northerly along said easterly line of said West Point Street extended to the point of
intersection of said extended east line of West Point Street with a line drawn parallel with and 90
feet distant at right angles from the last mentioned east and west course; thence east parallel
with the south line of said section extended east to the average high water line of said Medicine
Lake; thence southerly along said average high water line of said Lake to point of beginning.
WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the request by Erin Daugherty for a conditional use
permit for property located at 2860 Evergreen Lane North, subject to the following findings and
conditions:
Resolution 2016-223
(2016032)
Page 2
1. The requested conditional use permit is hereby approved to allow alterations to the flood
fringe to allow construction of a new home, in accordance with the application and plans
received by the city on April 19, 2016 and June 16, 2016, except as may be amended by this
resolution, with the finding that the applicable conditions have been met.
2. No demolition or construction may occur without the approval of applicable permits. No
grading may occur without prior approval of a grading permit.
3. Prior to issuance of any permits for grading or construction of the new home, the applicant
shall submit the following materials or revise plans consistent with city code, zoning
ordinance and engineering guidelines:
(a) A copy of an approved permit from the Bassett Creek Watershed Management
Commission.
(b) A survey to indicate the following:
i. Two trees planted in the front yard.
ii. The location of the home as shown on the plans submitted June 16, 2016.
(c) Plans that reduce the impervious surface coverage on the lot to be no greater than 25
percent.
4. Prior to issuance of a certificate of occupancy, the applicant shall submit the following:
(a) An as-built survey that certifies the lowest floor elevation and the elevation of the
lowest opening. The lowest floor elevation may be no lower than 892.3.
(b) Certification by a registered professional engineer, registered architect or registered
land surveyor that the finished fill was compacted and the slopes are properly
protected using rip-rap or vegetative cover.
5. Additionally, prior to issuance of a certificate of occupancy, all construction materials
temporarily stored on site during construction and all construction debris shall be removed
from the property.
6. All disturbed areas shall be landscaped in accordance with the above-required shoreland
restoration plan and section 21130.02 of the zoning ordinance.
7. Storage of materials or equipment within the floodplain is prohibited.
8. Any temporary storage of materials during construction shall be removed from the
floodplain after a flood warning or during flood events.
9. Retaining walls over four feet shall require a three-foot fence installed on top and issuance
of a building permit.
10. Any subsequent phases or expansions are subject to required reviews and approvals per
ordinance provisions.
11. The conditional use permit shall expire one year after the date of approval, unless the
property owner or applicant has commenced the authorized improvement or use, or unless
Resolution 2016-223
(2016032)
Page 3
the applicant, with the consent of the property owner, has received prior approval from the
city to extend the expiration date for up to one additional year, as regulated under section
21015.07 of the zoning ordinance.
ADOPTED by the City Council on this 12th day of July, 2016.
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
July 12, 2016 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