HomeMy WebLinkAbout04-078 - ADMIN Resolution - City Council - 2004/06/21RESOLUTION NO. 04-078
RESOLUTION GRANTING APPROVAL FOR PRELIMINARY AND
FINAL PLAT OF BILTMORE ADDITION
WITH VARIANCE TO THE SUBDIVISION ORDINANCE
FOR CORNER LOT WIDTH REQUIREMENT
BE IT RESOLVED BY the City Council of St. Louis Park:
Findings
1 Biltmore Land Group, LLC, owner and subdivider of the land proposed to be
platted as Biltmore Addition has submitted an application for approval of preliminary and final
plat of said subdivision with variance to the subdivision ordinance requirements for a reduced
corner lot width (Sec. 26-152(b)(2)) 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's Comprehensive 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 described lands in Hennepin
County, Minnesota, to -wit
Lots 4, 5, 6, 7, Block 6, Basswood
4. The property is zoned R-1 with a minimum lot size of 9,000 square feet
5. The proposed lots are the following size• Lot 1, 9,417 square feet; Lot 2, 9,760
square feet, and Lot 3, 12,552 square feet.
6 The total square footage of the three lots is 31,729, which exceeds the combined
minimum lot size of 27,000 square feet by 4,729 square feet.
7 The property has three street frontages, creating a situation where there are two
corner lots in a three -lot subdivision.
8. Subject to the conditions set forth below, granting a variance to the 85 foot corner
lot provision will allow the reasonable use of the property for a three -lot subdivision and still
provide the protection to the public health, safety and welfare provided by this corner lot
requirement
9. Granting of the vanance will not be detrimental to the public health, safety and
welfare or injunous to other property in the area in which the property is situated, or be contrary
to the intent of the Comprehensive Plan
Resolution No. 04-078 -2-
Conclusion
1. The proposed preliminary and final plat of Biltmore 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 is approved from the subdivision ordinance for a 75 foot 3 inch wide
corner lot (Lot 2) at the corner of Huntington Ave and 26th Street W., as shown on
the Final Plat, based on the findings set forth above.
b The plat and vanance are subject to the following conditions:
1) The ground floor area ratio of Lot 2, must be equal to or less than .25;
ii) There shall be no dnveway access onto 26th Street from any lot;
in) Visibility from the Huntington Ave and 26th Street intersections shall be unobstructed
above the height of 2 V2 feet and below a height of five feet within the tnangle
described as beginning from a point at the intersection of the extension of the existing
curblines to the two streets, and extending a distance of 50 feet along the edge of each
street. This defines two sides of the tnangle. The third side is a line connecting the
end points of the sides descnbed above;
iv) The pnncipal building height on Lot 2 must not exceed 2 stones or 25 feet, whichever
is less;
v) The side yard of Lot 2 abutting 26th Street shall not be less than 15 feet in width;
vi) Lot 2 must contain at least 600 square feet of open lot area that has a minimum
dimension of 20 feet in all directions. The open lot area shall not be located within a
front yard or side yard abutting a street, and cannot include dnveways, buildings,
outdoor storage, or parking spaces. Swimming pools cannot occupy more than 50%
of the open lot area, and
vii)The height of retaining walls must be minimized via terracing where feasible and as
approved by the Community Development Director.
c The variance and the conditions of plat approval 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 conditions set forth herein.
e. Before a final plat is signed by the City, the developer shall comply with the following
requirements:
1) Dedication of drainage and utility easements, and recording of a sidewalk easement
as approved by the City Attorney in accordance with plans approved by the Public
Works Director.
ii) Final plat documents shall show dedication of the corner of West 26th Street as nght-
of-way
»i) A development agreement shall be executed between the developer and the City,
which covers at a minimum, sidewalk construction and maintenance; tree
replacement; restoration of curbs, boulevards and trails; and repair and cleaning of
public streets. The Mayor and City Manager are authonzed to execute this
agreement.
Resolution No 04-078 -3-
iv) 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).
v) 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, public sidewalk installation
and repair/cleaning of public streets and utilities.
vi) Vacation documents must be recorded with the County.
vii)Pay park and trail dedication fees as required per Ordinance and reimburse City for
City Attorney fees in drafting/reviewing development agreement.
f. Within six (6) months 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 Pnor to any site work, the developer shall meet the following requirements:
i) Revised tree preservation plans meeting tree replacement requirements, and site plans
incorporating a 6 foot sidewalk on France Avenue and meeting Zoning Ordinance
requirements must be submitted and approved by the Zoning Administrator.
ii) A permit shall be obtained from Hennepin County.
111) A copy of any Watershed Distnct permit(s) shall be forwarded to the City, if required.
iv) Any other necessary permits from other agencies shall be obtained
v) Sign Assent form and official exhibits.
vi) Meet conditions of City signing final plat.
vii)Final sidewalk construction specifications must be approved by the Public Works
Director.
viii) Obtain the required erosion control permits, utility permits and other permits
required by the City, which may impose additional conditions.
ix) Details for tree protection and erosion control fencing must be submitted to the City.
Required tree protection and erosion control fencing must be installed and approved
by the City Forester prior to any grading activities.
h. Prior to issuance of any building permits, which may impose additional requirements, the
developer shall comply with the following•
i) The site development, and all site improvements shall comply in all respects to the
zoning ordinance including but not limited to driveway and setback requirements.
ii) Swimming pools must meet setback requirements, be enclosed by a privacy fence that
screens the view from neighboring properties, and the screening must meet building
code requirements.
iii) The total area improved for parking and driveway purposes shall not exceed 30% of a
front yard area. The average width of a dnveway shall not exceed 22 feet
iv) The architectural design must comply with Ordinance standards as required in
Section 36-366.
v) Visibility from the France Ave and 26th Street intersections shall be unobstructed
above the height of 2 i/ feet and below five feet within the triangle descnbed as
beginning from a point at the intersection of the extension of the existing curblines to
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Resolution No. 04-078 -4-
the two streets, and extending a distance of 70 feet along the edge of each street. This
defines two sides of the triangle. The third side is a line connecting the end points of
the sides descnbed above This site distance shall be reevaluated if/when the France
Ave/26th Street intersection is redesigned.
vi) Revised final grading plans shall be submitted to the City. Grading plans shall
comply with all of the requirements of the Public Works Department and be approved
by the Zoning Administrator.
vii)Final utility plans shall be submitted City which incorporate changes required by the
Utilities Superintendent.
viii)Revised plans shall be submitted that meet retaining wall height requirements and
provide a 2 -foot clearance between retaining walls and sidewalks/trails.
ix) The subdivider shall furnish the City with evidence of recording of the final plat and
sidewalk and trail easements.
x) The developer shall supply the City with copies of all necessary permits from other
governmental agencies or bodies pnor to any site work, including the Minnehaha
Creek Watershed District and Hennepin County.
xi) Meet any Fire Department emergency access requirements.
xii)Required erosion control permits, utility permits or other required permits, shall be
obtained from the City.
1 The developer shall comply with the following conditions dunng construction:
J
i.) All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 7 p.m. and 7 a.m. on weekdays and no
construction activity on weekends and holidays.
11) The site shall be kept free of dust and debns that could blow onto neighboring
properties.
in) Public streets shall be maintained free of dirt and shall be cleaned as necessary.
iv) The Zoning Administrator may impose additional conditions if it becomes necessary
in order to mitigate the impact of construction on surrounding properties.
Prior to issuance of an occupancy permit:
i) Five-foot concrete sidewalk along W 26`h and Huntington and an 6 foot sidewalk
along France Avenue adjacent to the proposed lots is to be installed in accordance
with plans approved by the City Engineer.
11) Meet all building and fire code requirements for occupancy.
iii) Completion of all site, extenor building improvements including tree replacement,
ground cover, exterior building matenals unless financial sureties are received to
cover 125% of completion in accordance with Code and all improvements are
completed within 1 year of issuance of building permit.
iv) Pnor to receiving a Certificate of Occupancy, as -built drawings of the relocated
public utilities shall be submitted to and approved by the Public Works Department.
k. The developer or property owners(s) shall pay an administrative fine of $750 per
violation of any condition of this approval.
Resolution No. 04-078 -5-
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 authorized 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 described 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.
Rev+ewe ' for Administration:
City Mana
Attest:
C Clerk
Adopted the City Council June 21, 2004
L.-4
Mayor