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HomeMy WebLinkAboutCity Council Resolution 2016-331 C ITY OF P LYMOUTH R ESOLUTION N O. 2016-331 R ESOLUTION A PPROVING A P RELIMINARY P LAT, F INAL P LAT AND V ARIANCES FOR S ATHRE-B ERGQUIST, I NC., FOR “S KRYPEC A DDITION” FOR P ROPERTY L OCATED AT 5585 X IMINES L ANE N ORTH (2016071) WHEREAS, Sathre-Bergquist, Inc., has requested approval of a preliminary plat, final plat and lot area and lot width variances for roughly 0.45 acres of land presently legally described as: Lots 1 and 2, nd Block 2, Harrison Hills 2 Addition, according to the final plat thereof, Hennepin County, Minnesota; and WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing 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 Sathre-Bergquist, Inc. for a preliminary plat, final plat and variances for Skrypec Addition, subject to the following conditions: 1. A preliminary plat and final plat and lot area and lot width variances are approved to allow the property at 5585 Ximines Lane North to be subdivided into two-single family lots, in accordance with the development plans received by the city on August 5, 2016, and additional information on August 24, 2016 and September 27, 2016, except as amended by this resolution. 2. The requested lot area and lot width variances are approved, based on the finding that all applicable variance standards have been met, specifically: a) The requested variances, and resulting construction, would be in harmony with the general purposes and intent of the ordinance, and would be consistent with the city’s comprehensive plan. b) The applicant has demonstrated that there are practical difficulties in complying with the ordinance regulations, because: 1. The applicant proposes to use the property in a reasonable manner. 2. The request is due to unique circumstances as the proposed lots were previously nd approved with the Harrison Hills 2 Subdivision and then later consolidated. 3. The variances would not alter the essential character of the neighborhood as the lots would be consistent for both lot size and for lot width with the adjacent lots and lots along Ximines Lane within the subdivision. c) The requested variances are not based solely upon economic considerations. The applicant is requesting the variances in order to establish a single-family home site similar to the adjacent parcels. Res. 2016-331 File 2016071 Page 2 d) The variances, and resulting construction, would not be detrimental to the public welfare, nor would they be injurious to other land or improvements in the neighborhood. e) The variances, and resulting construction, would not impair an adequate supply of light and air to adjacent properties, nor would they increase traffic congestion or the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. f) The variances requested are the minimum action required to address the practical difficulties. 3. Prior to release of the final plat for recording, the applicant shall: a) Revise the plans to either remove the portion of the existing driveway on Lot 2 and any portion of the driveway within three feet of the east lot line of Lot 1 or provide a recorded easement agreement for the encroachment of the driveway. b) Revise the plans to either remove the portion of the existing retaining wall located within the easement on the west side of Lot 1 or obtain an encroachment agreement for the portion of the wall that would lie within the drainage and utility easement. 4. Prior to construction of the home on Lot 2, Block 1, Skrypec Addition, the applicant shall obtain a building permit from the building division. 5. Prior to issuance of a building permit, the applicant shall fulfill the requirements, submit the required information, and revise the plans as indicated below, consistent with the applicable city code, zoning ordinance, and engineering guidelines: a) File and record the final plat with Hennepin County. b) Receive city approval of final construction plans. c) Add note to the plans to protect the recently overlaid street during construction. d) Install and request inspection of tree protection fencing and silt fencing. e) Obtain the necessary right-of-way permits from the City of Plymouth Engineering Division to allow work in the Ximines Lane right-of-way. f) Provide a certificate of survey indicating a minimum of two front yard trees to be planted. g) Consider locating the placement of the home on Lot 2 to the furthest west as possible (10 feet to living space or six feet to attached garage space) to limit the amount of root damage to the significant trees located along the east property line. 6. The front yard setback shall be 30 feet and the rear yard setbacks shall be 20 feet for the new home on Lot 2, Block 1, Skrypec Addition. Other than front and rear yard setback requirements, development standards and setbacks for this plat shall comply with the RSF-2 zoning standards. 7. Standard Conditions: a. Silt fence shall be installed prior to any construction. b. Retaining walls over four feet require issuance of a building permit and a minimum three-foot fence installed on top. c. Removal of all hazardous trees at the owner's expense. d. No trees shall be planted in the public right-of-way. Res. 2016-331 File 2016071 Page 3 e. The preliminary plat and variances shall expire one year after the date of approval, unless the property owner or applicant has applied for final plat approval, or unless the applicant, with the consent of the landowner, has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 510 of city code. f. The final plat shall expire two years after the date of approval, unless the applicant has recorded the final plat, or unless 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 512 of city code. th APPROVED by the Plymouth City Council this 25 day of October, 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 th October 25, 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