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HomeMy WebLinkAbout05-163 - ADMIN Resolution - City Council - 2005/11/210 0 0 RESOLUTION NO. 05-163 RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF HOIGAARD VILLAGE 1ST ADDITION WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR EASEMENTS BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Union Land, 11, LLC, owner and subdivider of the land proposed to be platted as Hoigaard Village 1st Addition has submitted an application for approval of preliminary plat of said subdivision with a variance from the subdivision ordinance for 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 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: Parcel A: 3501 Xenwood Avenue South Lots 11 to 23 inclusive, Block 27, "Rearrangement of St. Louis Park" Torrens Parcel B: 5616 36th Street West Lots 7 and 10 except the South 18 feet of said lots, Block 27, "St. Louis Park" Abstract Lots 24 and 25, except the South 18 feet of said lots, Block 27, "Rearrangement of St. Louis Park" and Lot 9, except the South 18 feet thereof, Block 27, "St. Louis Park" Torrens Parcel C: 3550 Highway 100 South A tract of land comprising Lots 10 to 34, inclusive, Block 26, "Rearrangement of St. Louis Park" and the vacated alleys in said Block 26; Lots 3 to 13 inclusive, Block 75, "Rearrangement of St. Louis Park" and the vacated alley in said Block 75; all the vacated Webster Avenue, Former First St., adjoining the Easterly line of said Block 26; Lots 1 to 7, inclusive, and a part of Lots 8, 9 and 10, Block 14, "Collins' Addition to St. Louis Park"; and a part of the Northwest Quarter of the Southwest Quarter, Section 6, Township 28, Range 24; all described as follows: Resolution No. 05-163 -2- Beginning at the Southwest corner of Block 26, "Rearrangement of St. Louis Park"; thence East along the South line of said Block 26 and its extension to the Southeast corner of Lot 13, Block 75, "Rearrangement of St. Louis Park" ; thence South along the West line of the Southwest Quarter of Section 6, Township 28, Range 24, to the Westerly right-of-way line of State Trunk Highway No. 100; thence Easterly and Northeasterly along said Westerly right-of-way line to the Northwesterly line of said Block 14, "Collins' Addition to St. Louis Park"; thence Southwesterly along the Northwesterly line of said Block 14 and its extension to the Northwesterly corner of Lot 34, in said Block 26, thence South along the West line of said Block 26 to the point of beginning: EXCEPT that part thereof shown as Parcel 7 on Minnesota Dept. of Transportation Right of Way Plat Numbered 27-41. Torrens Parcel D: 5626 36th Street West Lots 6, Block 27, "St. Louis Park Addition" Abstract 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 property's physical shape, and topographical layout. 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 the construction of a large stormwater pond which will extend benefits to a substantial portion of the surrounding properties. 6. The variance is to correct inequities resulting from an extreme physical hardship such as topography. Topography results in the lowest point in the drainage basin to be found within those lots herein considered, and results in the necessary construction of a large stormwater pond over land previously used for parking area. 7. The variance is not contrary to the intent of the Comprehensive Plan. The variance enables the construction of a stormwater pond that maintains compliance with the Comprehensive Plan and fulfills goals laid out in multiple chapters of the Comprehensive Plan. Resolution No. 05-163 -3- Conclusion 1. The proposed preliminary plat of Hoigaard Village 1st 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 the Subdivision Code, Section 26-154 "Easements" for the required easements along the southerly portion of Parcels B and D. b. A tree preservation plan must be submitted and approved prior to final plat approval. c. Detailed stormwater plans and calculations must be submitted and approved prior to final plat approval. d. A maintenance agreement for the stormwater pond must be executed prior to final plat approval. e. Condominium association papers must be approved by the City Attorney prior to final plat approval. f. The vacation of the alley, as requested, must be approved by the City Council prior to final plat approval. In addition to any other remedies, the developer or owner shall pay an administrative fee of ', . 0 per violation of any condition of this approval. Revi w:'1 for Administration: .I1►11111 SAW City Manager Attest: Y7 (jit_/ City Clerk i, Adopted by the City Council November 21, 2005 i Mayor Illlil III Ill11111111111111111111111111111111111111 Doc No 4237086 03/16/2006 11 00 AM Certified filed and or recorded on above date Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles TranslD 200739 New cert Cert 1177442 1177444 1149762 Deputy 20 Fees $1 50 AF $10 50 STATEFEE $74 00 TDOCFEE $0 00 TSUR $86 00 Total CG 1 (Q 3 TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES MAR 14 2006 H NEPIN C S UNTY MN •ii tr _ ' EPUTY iii- j Ce Qom_ RESOLUTION NO. 05-163 H -7-744t-i RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF HOIGAARD VILLAGE 1sT ADDITION WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR EASEMENTS BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Union Land, II, L -LC, owner and subdivider of the land proposed to be platted as Hoigaard Village 1st Addition has submitted an application for approval of preliminary plat of said subdivision with a variance from the subdivision ordinance for 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 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: Wi'Parcel A: 3501 Xenwood Avenue South /r1/Lots 11 to 23 inclusive, Block 27, "Rearrangement of St. Louis Park" Torrens \\ Parcel B. 5616 36th Street West Lots 7 and 10 except the South 18 feet of said lots, Block 27, "St. Louis Park" Abstract Lots 24 and 25, except the South 18 feet of said lots, Block 27, "Rearrangement of St. Louis Park" and Lot 9, except the South 18 feet thereof, Block 27, "St. Louis Park" Torrens y(9,0 0 Resolution No. 05-163 -2- Parcel C: 3550 Highway 100 South A tract of land comprising Lots 10 to 34, inclusive, Block 26, "Rearrangement of St. Louis Park" and the vacated alleys in said Block 26; Lots 3 to 13 inclusive, Block 75, �o"Rearrangement of St. Louis Park" and the vacated alley in said Block 75; all the vacated Webster Avenue, Former First St., adjoining the Easterly line of said Block 26Lots 1 to 7, inclusive, and a part of Lots 8, 9 and 10, Block 14, "Collins' Addition to St: Louis Park"; and a part of the Northwest Quarter of the Southwest Quarter, Section 6, Township 28, Range 24; all descnbed as follows: Beginning at the Southwest corner of Block 26, "Rearrangement of St Louis Park"; thence East along the South line of said Block 26 and its extension to the Southeast corner of Lot 13, Block 75, "Rearrangement of St. Louis Park" ; thence South along the West line of the Southwest Quarter of Section 6, Township 28, Range 24, to the Westerly right-of-way line of State Trunk Highway No. 100; thence Easterly and Northeasterly along said Westerly right-of-way line to the Northwesterly line of said Block 14, "Collins' Addition to St. Louis Park"; thence Southwesterly along the Northwesterly line of said Block 14 and its extension to the Northwesterly corner of Lot 34, in said Block 26, thence South along the West line of said Block 26 to the point of beginning: EXCEPT that part thereof shown as Parcel 7 on Minnesota Dept. of Transportation Right of Way Plat Numbered 27-41. Torrens Parcel D: 5626 36th Street West Lots 6, Block 27, "St. Louis Park Addition" Abstract 4. There are special circumstances affecting the property such that the stnct 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 property's physical shape, and topographical layout. 5. The granting of the variance will not be detnmental to the public health, safety, and welfare or injurious to other property in the terntory in which the property is situated. The granting of the variance will enable the construction of a large stormwater pond which will extend benefits to a substantial portion of the surrounding properties. 6. The vanance is to correct inequities resulting from an extreme physical hardship such as topography. Topography results in the lowest point in the drainage basin to be found within those lots herein considered, and results in the necessary construction of a large stormwater pond over land previously used for parking area. 7. The variance is not contrary to the intent of the Comprehensive Plan. The variance enables the construction of a stormwater pond that maintains compliance with the Comprehensive Plan and fulfills goals laid out in multiple chapters of the Comprehensive Plan. , Resolution No. 05-163 -3- Conclusion 1. The proposed preliminary plat of Hoigaard Village 1 st 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 the Subdivision Code, Section 26-154 "Easements" for the required easements along the southerly portion of Parcels B and D. b. A tree preservation plan must be submitted and approved pnor to final plat approval. c. Detailed stormwater plans and calculations must be submitted and approved pnor to final plat approval. d. A maintenance agreement for the stormwater pond must be executed prior to final plat approval. e. Condominium association papers must be approved by the City Attorney prior to final plat approval. f. The vacation of the alley, as requested, must be approved by the City Council prior to final plat approval. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 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. 05-163 adopted at the St. Louis Park City Council meeting held on November 21, 2005. WITNESS my hand and the Seal of the City of St. Louis Park this 3 day of March, 2006. Nancy J. Stro Cary Clerk 1 is 1 II III 1111 Doc No 8762955 03/13/2006 01 22 PM Certified filed and or redrded on above date Office of the Coun Recorder Hennepin County, • nesota Michael H Cunniff, County ecorder Deputy 13 Fees $35 50 DOC $10 50 SUR $46 00 Total RESOLUTION NO. 05-163 TransID 19•' 3 RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF HOIGAARD VILLAGE 1sT ADDITION WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR EASEMENTS BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Union Land, II, LLC, owner and subdivider of the land proposed to be platted as Hoigaard Village 1st Addition has submitted an application for approval of preliminary plat of said subdivision with a variance from the subdivision ordinance for 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 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: Parcel A: 3501 Xenwood Avenue South Lots 11 to 23 inclusive, Block 27, "Rearrangement of St. Louis Park" Torrens Parcel B: 5616 36th Street West Lots 7 and 10 except the South 18 feet of said lots, Block 27, "St. Louis Park" Abstract Lots 24 and 25, except the South 18 feet of said lots, Block 27, "Rearrangement of St. Louis Park" and Lot 9, except the South 18 feet thereof, Block 27, "St. Louis Park" Torrens Resolution No. 05-163 -2- Parcel C: 3550 Highway 100 South A tract of land comprising Lots 10 to 34, inclusive, Block 26, "Rearrangement of St. Louis Park" and the vacated alleys in said Block 26; Lots 3 to 13 inclusive, Block 75, "Rearrangement of St. Louis Park" and the vacated alley in said Block 75, all the vacated Webster Avenue, Former First St., adjoining the Easterly line of said Block 26; Lots 1 to 7, inclusive, and a part of Lots 8, 9 and 10, Block 14, "Collins' Addition to St Louis Park"; and a part of the Northwest Quarter of the Southwest Quarter, Section 6, Township 28, Range 24; all described as follows: Beginning at the Southwest corner of Block 26, "Rearrangement of St. Louis Park"; thence East along the South line of said Block 26 and its extension to the Southeast corner of Lot 13, Block 75, "Rearrangement of St. Louis Park" ; thence South along the West line of the Southwest Quarter of Section 6, Township 28, Range 24, to the Westerly right-of-way line of State Trunk Highway No. 100; thence Easterly and Northeasterly along said Westerly right-of-way line to the Northwesterly line of said Block 14, "Collins' Addition to St. Louis Park"; thence Southwesterly along the Northwesterly line of said Block 14 and its extension to the Northwesterly corner of Lot 34, in said Block 26, thence South along the West line of said Block 26 to the point of beginning: EXCEPT that part thereof shown as Parcel 7 on Minnesota Dept. of Transportation Right of Way Plat Numbered 27-41. Torrens Parcel D: 5626 36th Street West Lots 6, Block 27, "St. Louis Park Addition" Abstract 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 property's physical shape, and topographical layout. 5. The granting of the vanance will not be detnmental 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 the construction of a large stormwater pond which will extend benefits to a substantial portion of the surrounding properties. 6. The variance is to correct inequities resulting from an extreme physical hardship such as topography. Topography results in the lowest point in the drainage basin to be found within those lots herein considered, and results in the necessary construction of a large stormwater pond over land previously used for parking area. 7 The vanance is not contrary to the intent of the Comprehensive Plan. The variance enables the construction of a stormwater pond that maintains compliance with the Comprehensive Plan and fulfills goals laid out in multiple chapters of the Comprehensive Plan. • • - Resolution No. 05-163 -3- Conclusion 1. The proposed preliminary plat of Hoigaard Village 1S` 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 the Subdivision Code, Section 26-154 "Easements" for the required easements along the southerly portion of Parcels B and D. b. A tree preservation plan must be submitted and approved prior to final plat approval. c. Detailed stormwater plans and calculations must be submitted and approved prior to final plat approval. d. A maintenance agreement for the stormwater pond must be executed prior to final plat approval. e. Condominium association papers must be approved by the City Attorney prior to final plat approval. f. The vacation of the alley, as requested, must be approved by the City Council prior to final plat approval. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 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. 05-163 adopted at the St. Louis Park City Council meeting held on November 21, 2005. WITNESS my hand and the Seal of the City of St. Louis Park this 3 day of March, 2006. Nancy J. Str , ity Clerk