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HomeMy WebLinkAboutCity Council Resolution 2017-315 C ITY OF P LYMOUTH R ESOLUTION 2017-315 R ESOLUTION A PPROVING A R EQUEST FOR A P RELIMINARY P LAT AND V ARIANCE FOR LOT SIZE FOR P ROPERTY LOCATED AT 2930 U RBANDALE L ANE N ORTH (2017070) WHEREAS, Jon Stamps has requested approval of a preliminary plat and variance for lot size for the roughly 0.84 acres of land presently legally described as follows; nd That part of lots 1 and 2, block 1, Greentree Forest 2 addition, Hennepin County, Minnesota, lying northeasterly and northerly of the following described line: commencing at the Southeast corner of said lot 2; thence North 00 degrees 11 minutes 08 seconds East, assumed bearing along the East line of said lot 2, 70.00 feet to the point of beginning of said line to be hereinafter described; thence North 64 degrees 21 minutes 00 seconds West 103.14 feet; thence South 67 degrees 21 minutes 00 seconds West 103.14 feet; thence South 67 degrees 53 minutes 30 seconds West 84.00 feet to a point on the Northerly line of said lot 2, distant 60.30 feet Easterly of the Northwest corner of said lot 2, as measured along said Northerly line; thence continuing South 67 degrees 53 minutes 30 seconds West 59.43 feet to a point on the westerly line of said lot 2, distant 4.11 feet Southerly of the Northwest corner of said lot 2, as measured along said Westerly line, and said line there terminating; and, WHEREAS, the Planning Commission reviewed the application at a duly called public hearing. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that it should and does approve the request for a preliminary plat and variance for lot size, based on the following findings: 1. A preliminary plat and variance for lot size are approved to allow the property at 2930 Urbandale Lane to be subdivided into two-single family lots, in accordance with the development plans received by the city on July 26, 2017, and additional information on August 24, 2017, except as amended by this resolution. 2. The requested lot area variance is 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: i. The applicant proposes to use the property in a reasonable manner. Resolution 2017-315 (2017070) Page 2 ii. The request is due to circumstances unique to the property that were not created by the landowner. The request resulted from an error made by the surveyor of the property. iii. The variance would not alter the essential character of the neighborhood as the difference in lot area from the city requirement is miniscule. iv. The requested variance is not based solely upon economic considerations. The applicant is requesting the variance in order to establish a single-family home site similar to the adjacent parcels. v. The variance, and resulting construction, would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood. vi. The variance, and resulting construction, would not impair an adequate supply of light and air to adjacent properties, nor would it increase traffic congestion or the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. vii. The variance requested is the minimum action required to address the practical difficulties. 3. Prior to release of the final plat for recording, the applicant shall: a) Pay the park dedication cash fee in lieu of land dedication for two new dwelling units, in accordance with the dedication ordinance in effect at the time of filing for the final plat. b) Revise the tree preservation plan to include the disturbance zone and the location of required tree protection fencing. c) Revise the tree preservation plan to include tree numbers to identify trees on-site. d) Due to the proximity of trees to the proposed new home, the applicant should consider revising the plan to remove these trees and recalculate the tree inventory numbers. e) Revise plans to show north easement continuing to the front lot line. f) Revise plans to show that the drainage and utility easement area within the vacated street easement. g) Revise plat to dedicate the Troy Lane street easement as public right-of-way. 4. Prior to construction of the home on Lot 2, 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) Install and request inspection of tree protection fencing and silt fencing. 2 Resolution 2017-315 (2017070) Page 3 d) Obtain the necessary right-of-way permits from the City of Plymouth Engineering Division to allow work in the Troy Lane right-of-way. e) Provide a certificate of survey indicating a minimum of two front yard trees to be planted. f) Add water and sewer service connections to plan. Add note to contact Public Works at 763-509- 5950 a minimum of 48 hours prior to making any connections. 6. 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. e. The preliminary plat and variance 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. APPROVED by the City Council on this 10th day of October, 2017. 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 October 10, 2017 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 3