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HomeMy WebLinkAbout03-046 - ADMIN Resolution - City Council - 2003/05/05RESOLUTION NO. 03-046 RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF WILMOT ADDITION WITH VARIANCE TO THE SUBDIVISION ORDINANCE FOR SIDEWALK REQUIREMENTS BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. B.J. Wilmot, LLC, owner and subdivider of the land proposed to be platted as Wilmot Addition has submitted an application for approval of preliminary and final plat of said subdivision with vanance to the subdivision ordinance requirements for sidewalks along all public streets (Sec 26-153(h) and Sec 36-192(11)) in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2 The proposed preliminary and final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following descnbed lands in Hennepin County, Minnesota, to -wit: Lots 24, 25 and 26, Block 11, McNair Park and that part of Lots 4 and 5, Block 11, McNair Park lying Westerly of the East line of the Northeast Quarter of Section 31, Township 29 North, Range 24 West. Conclusion 1. The proposed preliminary and final plat of Wilmot Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to the following conditions: a. Variance from subdivision ordinance requirements for sidewalks along France Avenue is approved based on the following findings: 1. The special conditions applying to the property in question are such that the stnct application of the provisions of this Subdivision Ordinance would depnve the applicant/owner of the reasonable use of the land 2. The granting of the variance will not be detnmental to the public health, safety and welfare or injurious to other property in the temtory in which property is situated, or be contrary to the intent of the Comprehensive Plan. 3. The granting of the vanance is necessary to correct inequities resulting from an extreme physical hardship such as topography. Resolution No. 03-046 -2- b The vanance is granted based upon the findings setforth and subject to the following condition: 1. The applicant and any subsequent owner will pay the reasonable cost of any future installation of a sidewalk abutting the property, including retaining walls if necessary, which amount will be a specific lien against the property. c. This variance and the condition to pay for the future sidewalk costs shall run with the land and bind all future owners and assigns d. The site shall be developed, used and maintained in accordance with the Official Exhibits, which shall be revised to meet the recommended conditions. e. Before a final plat is signed by the City, the developer shall comply with the following requirements. 1. Financial security in the form of cash escrow in the amount of $1000 to ensure the City receives a reproducible tracing of the final plat showing evidence of recording; such - escrow to be returned upon receipt of the reproducible tracing (mylar). 2. Submit financial secunty in the form of cash escrow or letter of credit in the amount of 125% of the costs of tree replacement, landscaping, and repair/cleaning of public streets. 3 The encroachment agreement for the installation of the stone walls and fence must be executed and recorded as approved by the City Attorney. f. Within 60 days of final plat approval by the City Council, the subdivider shall record the final plat with the County Recorder. The subdivider shall, immediately upon recording, furnish the City Clerk with a pnnt and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also provide a copy of the final plat on disc in an electronic data format. g. Prior to any site work, the developer shall meet the following requirements: 1 A permit shall be obtained from Hennepin County. 2. A copy of the Watershed District permit(s) shall be forwarded to the City. 3 Any other necessary permits from other agencies shall be obtained. 4. Sign Assent form and official exhibits. 5 Meet conditions of City signing final plat. 6 Install tree protection fencing as approved by the Zoning Administrator. h Pnor to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: 1. Grading plans shall comply with all of the requirements of the Public Works Department. 2. Meet all Fire Department emergency access requirements. 3 Required erosion control permits, utility permits or other required permits, shall be obtained from the City. 4. The proposed site development, and all site improvements shall comply in all respects to the zoning ordinance. i The developer shall comply with the following conditions dunng construction: 1. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. • • Resolution No. 03-046 -3- J 2 The site shall be kept free of dust and debns that could blow onto neighbonng properties. 3. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 4 The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 5. The developer shall pay an administrative fine of $750.00 per Code violation. Pnor to issuance of an occupancy permit: 1. Completion of all site and extenor building improvements including tree replacement, ground cover and extenor building matenals unless financial sureties are received to cover 125% of completion in accordance with Code and all improvements are complete within one year of issuance of the building permit. 2 Meet all building and fire code requirements for occupancy. k The City waives the requirements for title insurance and a development agreement provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. 2 The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authonzed to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No 1 above and the St Louis Park Ordinance Code have been fulfilled 4 Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above descnbed and shall entitle such plat to be placed on record forthwith without further formality. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council May 5, 2003 Attest. e —LA--:,, . — Ci&Clerk • RESOLUTION NO. 03-046 OFFICE 111 COUNT " RECORDER HENNEPIN COUNTY. MINNESOTA CERT!FIEO Fil FD \ND OR ITCOni D 2003 JUN 13 PM 12: 48 AS DOCUMENT Vi 8073200 cc s,; C COpy RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF WILMOT ADDITION WITH VARIANCE TO THE SUBDIVISION ORDINANCE FOR SIDEWALK REQUIREMENTS ® BE IT RESOLVED BY the City Council of St. Louis Park: Findings • 1. B.J. Wilmot, LLC, owner and subdivider of the land proposed to be platted as Wilmot Addition has submitted an application for approval of preliminary and final plat of said subdivision with variance to the subdivision ordinance requirements for sidewalks along all public streets (Sec. 26-153(h) and Sec. 36-192(11)) in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed preliminary and final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following descnbed lands in Hennepin County, Minnesota, to -wit: ' Lots 24, 25 and 26, Block 11, McNair Park and that part of Lots 4 and 5, Block 11, McNair Park lying Westerly of the East line of the Northeast Quarter of Section 31, Township 29 North, Range 24.West. • DEPUTY • Resolution No. 03-046 -2- Conclusion 1. The proposed preliminary and final plat of Wilmot Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to the following conditions: a. Variance from subdivision ordinance requirements for sidewalks along France Avenue is approved based on the following findings: 1. The special conditions applying to the property in question are such that the strict application of the provisions of this Subdivision Ordinance would deprive the applicant/owner of the reasonable use of the land. 2. The granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the temtory in which property is situated, or be contrary to the intent of the Comprehensive Plan. 3. The granting of the variance is necessary to correct inequities resulting from an extreme physical hardship such as topography. b. The variance is granted based upon the findings setforth and subject to the following condition: 1. The applicant and any subsequent owner will pay the reasonable cost of any future installation of a sidewalk abutting the property, including retaining walls if necessary, which amount will be a specific lien against the property. c. This variance and the condition to pay for the future sidewalk costs shall run with the land and bind all future owners and assigns d. The site shall be developed, used and maintained in accordance with the Official Exhibits, which shall be revised to meet the recommended conditions. e. Before a final plat is signed by the City, the developer shall comply with the following requirements: 1. Financial security in the form of cash escrow in the amount of $1000 to ensure the City receives a reproducible tracing of the final plat showing evidence of recording; such escrow to be returned upon receipt of the reproducible tracing (mylar). 2. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of tree replacement, landscaping, and repair/cleaning of public streets. 3. The encroachment agreement for the installation of the stone walls and fence must be executed and recorded as approved by the City Attorney. f. Within 60 days of final plat approval by the City Council, the subdivider shall record the final plat with the County Recorder. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also provide a copy of the final plat on disc in an electronic data format. Resolution No. 03-046 -3- g. Prior to any site work, the developer shall meet the following requirements: 1. A permit shall be obtained from Hennepin County. 2. A copy of the Watershed Distnct permit(s) shall be forwarded to the City. 3. Any other necessary permits from other agencies shall be obtained. 4. Sign Assent form and official exhibits. 5. Meet conditions of City signing final plat. 6. Install tree protection fencing as approved by the Zoning Administrator. h. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: 1. Grading plans shall comply with all of the requirements of the Public Works Department. 2. Meet all Fire Department emergency access requirements. 3. Required erosion control permits, utility permits or other required permits, shall be obtained from the City. 4. The proposed site development, and all site improvements shall comply in all respects to the zoning ordinance. i. The developer shall comply with the following conditions during construction: 1. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. 2. The site shall be kept free of dust and debris that could blow onto neighboring properties. 3. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 4. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 5. The developer shall pay an administrative fine of $750.00 per Code violation. j. Prior to issuance of an occupancy permit: 1. Completion of all site and exterior building improvements including tree replacement, ground cover and exterior building matenals unless financial sureties are received to cover 125% of completion in accordance with Code and all improvements are complete within one year of issuance of the building permit. 2. Meet all building and fire code requirements for occupancy. k. The City waives the requirements for title insurance and a development agreement. provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authonzed to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled. Resolution No. 03-046 -4- 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above descnbed and shall entitle such plat to be placed on record forthwith without further formality. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 03-046 adopted at the St. Louis Park City Council meeting held on May 5, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 6th day of May, 2003. Nancy J. tri, vDeputy City Clerk