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HomeMy WebLinkAbout05-148 - ADMIN Resolution - City Council - 2005/11/07Park: RESOLUTION NO. 05-148 RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF GATEWAY LOFTS WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR DRAINAGE AND UTILITY EASEMENTS NOW THEREFORE BE IT RESOLVED by the City Council of the City of St.. Louis Findings 1. Parrish Hemmeke, owner and subdivider of the land proposed to be platted as Gateway Lofts, Lot 1, Block 1, has submitted an application for approval of preliminary and final plat of said subdivision with a variance from the subdivision ordinance for drainage and utility easements (Section 26-154) 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 described lands in Hennepin County, Minnesota, to -wit: That part of Lots 355 through 358 inclusive, RICHMOND, according to the plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, more particularly described as follows: Beginning at the southwest corner of Lot 358 in said RICHMOND; thence North 89 degrees 37 minutes 37 seconds East assumed bearing along the south line of said lot 358 for a distance of 133.01 feet to the southeast corner of said lot 358; thence North 02 degrees 05 minutes 44 seconds East for a distance of 160.00 feet to the northeast corner of said lot 355; thence South 60 degrees 07 minutes 28 seconds West for a distance of 156.58 feet; thence South 02 degrees 08 minutes 04 seconds West for a distance of 82.82 feet to the point of beginning and there terminating. 4. There are special circumstances affecting the property such that the strict application of the provisions of the subdivision ordinance would deprive the applicant/owner of the reasonable use of the land. Such circumstances arise due to the taking of portions of the property for the construction of Interstate Highway 394. Resolution No. 05-148 -2- 5. The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to other property in the territory in which the property is situated. The granting of the variance will enable a larger building setback from the south property line and the construction of a stormwater pond on the 0.37 acre site. 6. The variance is to correct inequities resulting from an extreme physical hardship. The current northerly parcel is shaped in such a way that that its productive use would be extraordinarily difficult. 7. The vanance is not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan calls for such lands to be redeveloped and to include certain elements, such as stormwater, underground parking, and sidewalks. Such redevelopment could not occur without a variance. Conclusion 1. The proposed preliminary and final plat of Gateway Lofts 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 reduction from the required 10' drainage and utility easements, required by City Code, Section 26-154, "Easements", 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 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. Resolution No. 05-148 -3- The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. T. - City Clerk is instructed to record certified copies of this resolution in the Office of the in County Register of Deeds or Registrar of Titles as the case may be. Revie 'ea for Administration: Adopted by the City Council November 7, 2005 City Mana Attest: er City Clerk 9/ May • i Park: lil 1 11 nu 1 11 Doc No 8782954 03/13/2006 01 22 PM Certified filed and or recorded on above date Office of the County 4ecorder Hennepin County, Min esota Michael H Cunniff, CountRecorder Deputy 13 TranslD 99353 Fees $35 50 DOC $10 50 SUR $46 00 Total RESOLUTION NO. 05-148 RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF GATEWAY LOFTS WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR DRAINAGE AND UTILITY EASEMENTS NOW THEREFORE BE IT RESOLVED by the City Council of the City of St.. Louis Findings 1. Parrish Hemmeke, owner and subdivider of the land proposed to be platted as Gateway Lofts, Lot 1, Block 1, has submitted an application for approval of preliminary and final plat of said subdivision with a variance from the subdivision ordinance for drainage and utility easements (Section 26-154) 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 described lands in Hennepin County, Minnesota, to -wit: That part of Lots 355 through 358 inclusive, RICHMOND, according to the plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, more particularly described as follows: Beginning at the southwest corner of Lot 358 in said RICHMOND; thence North 89 degrees 37 minutes 37 seconds East assumed bearing along the south line of said lot 358 for a distance of 133.01 feet to the southeast corner of said lot 358; thence North 02 degrees 05 minutes 44 seconds East for a distance of 160.00 feet • • Rerolutidn No. 05-148 -2- to the northeast corner of said lot 355; thence South 60 degrees 07 minutes 28 seconds West for a distance of 156.58 feet; thence South 02 degrees 08 minutes 04 seconds West for a distance of 82.82 feet to the point of beginning and there terminating. 4. There are special circumstances affecting the property such that the strict application of the provisions of the subdivision ordinance would depnve the applicant/owner of the reasonable use of the land. Such circumstances arise due to the taking of portions of the property for the construction of Interstate Highway 394. 5. The granting of the variance will not be detnmental to the public health, safety, and welfare or injunous to other property in the territory in which the property is situated. The granting of the variance will enable a larger building setback from the south property line and the construction of a stormwater pond on the 0.37 acre site. 6. The variance is to correct inequities resulting from an extreme physical hardship. The current northerly parcel is shaped in such a way that that its productive use would be extraordinarily difficult. 7. The variance is not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan calls for such lands to be redeveloped and to include certain elements, such as stormwater, underground parking, and sidewalks. Such redevelopment could not occur without a variance. Conclusion 1. The proposed preliminary and final plat of Gateway Lofts 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 reduction from the required 10' drainage and utility easements, required by City Code, Section 26-154, "Easements", 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 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. Vr - B Resolution No. 05-148 -3- 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 developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 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 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. 05-148 adopted at the St. Louis Park City Council meeting held on November 7, 2005. • WITNESS my hand and the Seal of the City of St. Louis Park this 3 day of March, 2006. CZ/I/V.(4_ )4C(2.234>4 Nancy J. StrOthgy Clerk