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HomeMy WebLinkAbout07-059 - ADMIN Resolution - City Council - 2007/05/21RESOLUTION NO. 07-059 RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF HANNON LAKE ADDITION WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR SIDEWALK REQUIREMENTS BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Steven and Denise Smedberg, owners and subdividers of the land proposed to be platted as Hannon Lake Addition have submitted an application for approval of preliminary and final plat of said subdivision with a vanance from the subdivision ordinance for sidewalk requirements (Section 26-153) 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: That part of the South 1/2 of Southwest Quarter in Section 7, Township 117, Range 21 descnbed as follows: Beginning at a point 75 feet at nght angles East of the West line of said Section 7 and 702 65 feet South, measured on a line parallel with the West line of said section from the North line of the South 1/2 of the Southwest Quarter of said Section 7, thence South 87 degrees 16 minutes East 149.56 feet; thence South 48 degrees 09 minutes East 122.65 feet more or less to a point 315 feet East of, measured at a right angle to the West line of said Section 7, thence North parallel with the West line of said section, 792 feet more or less, to the North line of the South 1/2 of the Southwest Quarter of said Section 7; thence West along said North line 240 feet, more or less to a point distant 75 feet at right angles East from the West line of Section 7; thence South parallel with said West line 702.65 feet to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Except that part of the above described tract lying Westerly of a line parallel with and distant 25 feet Easterly of the following descnbed line: Commencing at the Southwest corner of Section 7, Township 117 North, Range 21 West, thence North along the West line thereof a distance of 570.92 feet; thence deflect to the right at an angle of 90 degrees a distance of 116 feet to the actual point of beginning of the line to be described, thence deflect to the left at an angle of 93 degrees 11 minutes a distance of 115.45 feet; thence defect to the right along a 12 degree curve (delta angle 33 degrees 08 minutes 28 seconds tangent distant 142.07 feet) a distance of 276.18 feet; thence on a tangent to said curve 4.85 feet thence deflect to left along a 10 degree curve {delta angle 35 degrees, tangent distance 180.65) a distance of 350.0 feet, thence along tangent to last described curve, a distance of 200 feet and there terminating. The West 20 feet of that part of the South 1/2 of the Southwest quarter of Section 7, Township 117, Range 21 West of the Fifth Principal Meridian described as follows: Commencing et a point 75 feet at right angles East of the West line of said Section 7 and 702.65 feet South, measured on a line parallel with the West line of said section from the North line of the South 1/2 of Resolution No. 07-059 -2- Southwest Quarter of said Section 7; thence South 87 degrees 16 minutes East 149.56 feet; thence South 48 degrees 09 minutes East 122.65 feet, more or less to a point 315 feet East of, measured at a right angle to, the West line of said Section 7, said last descnbed point being the actual point of beginning of the tract of land to be descnbed; thence North parallel with the West lima of said section an 792 feet, more or less to the North line of the South 1/2 of Southwest Quarter of Section 7; thence East along the North line of said Tract 120 feet, more a less to a point distant 435 feet East of, measured at a right angle to the West line of said section; thence South parallel with said West line 898 feet, more or less to a point distant 60 feet Northerly of, measured at a nght angle to the Northerly line of the right of way of the Great Northern Railway Company; thence North 48 degrees 09 minutes West 160.7 feet, more or less to the actual point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. 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 anse due to steep topography. 5. The granting of the variance will not be detrimental 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 the construction of one new single family housing unit. 6. The variance is not contrary to the intent of the Comprehensive Plan and permits the applicant to dedicate to the City substantial lands that would otherwise be used for development, increasing lands available for park and open space within the City. Conclusion 1. The proposed preliminary and final plat of Lake Hannon 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, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk subject to the following conditions: a. Variance is approved from the subdivision ordinance for sidewalk requirements required by City Code, Section 26-153, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. b. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. c. Pnor to filing the Final Plat, the developer shall enter into a development agreement with the City. The development agreement shall: 1. Provide for the legal transfer to the City of Outlot A as shown on the Plat of Hannon Lake Addition, Hennepin County, MN. Outlot A contains greater than 10% of the total lot area, accommodating the park dedication requirements of the Subdivision Ordinance. 2. Ensure the filing of a pnvate utility easement across Lot 2, granting Lot 1 permanent, irrevocable access to the sanitary sewer in West 28th Street. 0 • o Resolution No. 07-059 -3- d. Trail dedication fees must be received by the City pnor to filing the final plat. e. Applicant shall submit financial secunty in the form of a cash escrow or letter of credit in the amount of $1000 to insure that a Mylar copy of the final plat is provided. f. Applicant shall submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of tree replacement, public improvements, landscaping and repair/cleaning of public streets and utilities. g. Applicant shall reimburse City attorney's fees in drafting/reviewing such documents as required in the Plat approval. 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 epin County Register of Deeds or Registrar of Titles as the case may be. Rev' • ed for Administration: Cit Attest: -.(7 City Clerk Adopted by the City Council May 21, 2007 Mayor e D AN II 111 1 1 III 1111 ISI ori-Osq Doc No 4394350 06/08/2007 12 00 PM Certified filed and or recorded on above date Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles TranslD 319250 New cert Cert 1151611 Deputy 26 Fees $1 50 AF $10 50 STATEFEE $34 00 TDOCFEE $0 00 TSUR $46 00 Total o • RESOLUTION NO. 07-059 RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF HANNON LAKE ADDITION WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR SIDEWALK REQUIREMENTS BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Steven and Denise Smedberg, owners and subdividers of the land proposed to be platted as Hannon Lake Addition have submitted an application for approval of preliminary and final plat of said subdivision with a variance from the subdivision ordinance for sidewalk requirements (Section 26-153) 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: That part of the South 1/2 of Southwest Quarter in Section 7, Township 117, Range 21 described as follows: Beginning at a point 75 feet at nght angles East of the West line of said Section 7 and 702.65 feet South, measured on a line parallel with the West line of said section from the North line of the South 1/2 of the Southwest Quarter of said Section 7, thence South 87 degrees 16 ti) minutes East 149.56 feet; thence South 48 degrees 09 minutes East 122.65 feet more or less to a 4- point 315 feet East of, measured at a nght angle to the West line of said Section 7, thence North = parallel with the West line of said section, 792 feet more or less, to the North line of the South 1/2 of the Southwest Quarter of said Section 7; thence West along said North line 240 feet, more In or less to a point distant 75 feet at nght angles East from the West line of Section 7; thence South — parallel with said West line 702 65 feet to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. 49 ° Except that part of the above described tract lying Westerly of a line parallel with and distant 25 feet Easterly of the following descnbed line: k Resolution t:o. 07-059 -2- Commencing at the Southwest corner of Section 7, Township 117 North, Range 21 West, thence North along the West line thereof a distance of 570.92 feet; thence deflect to the right at an angle of 90 degrees a distance of 116 feet to the actual point of beginning of the line to be described, thence deflect to the left at an angle of 93 degrees 11 minutes a distance of 115.45 feet; thence defct to the right along a 12 degree curve (delta angle 33 degrees 08 minutes 28 seconds tangent distant 142.07 feet) a distance of 276.18 feet; thence on a tangent to said curve 4.85 feet thence deflect to left along a 10 degree curve {delta angle 35 degrees, tangent distance 180.65ra distance of 350.0 feet, thence along tangent to last descnbed curve, a distance of 200 feet and there terminating. The West 20 feet of that part of the South 1/2 of the Southwest quarter of Section 7, Township 117, Range 21 West of the Fifth Principal Mendian descnbed as follows: Commencing et a point 75 feet at right angles East of the West line of said Section 7 and 702.65 feet South, measured on a line parallel with the West line of said section from the North line of the South 1/2 of Southwest Quarter of said Section 7; thence South 87 degrees 16 minutes East 149.56 feet; thence South 48 degrees 09 minutes East 122 65 feet, more or less to a point 315 feet East of, measured at a right angle to, the West line of said Section 7, said last descnbed point being the actual point of beginning of the tract of land to be descnbed; thence North parallel with the West [ima] of said section [ani 792 feet, more or less to the North line of the South 1/2 bf Southwest Quarter of Section 7; thence East along the North line of said Tract 120 feet, more a less to a point distant 435 feet East of, measured at a right angle to the West line of said section; thence South parallel with said West line 898 feet, more or less to a point distant 60 feet Northerly of, • measured at a right angle to the Northerly line of the right of way of the Great Northern Railway Company; thence North 48 degrees 09 minutes West 160.7 feet, more or less to the actual point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. 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 steep topography 5. The granting of the vanance will not be detrimental to the public health, safety, and welfare or injurious to other property in the temtory in which the property is situated. The granting of the variance will enable the construction of one new single family housing unit. 6. The variance is not contrary to the intent of the Comprehensive Plan and permits the applicant to dedicate to the City substantial lands that would otherwise be used for development, increasing lands available for park and open space within the City. Conclusion 1. The proposed preliminary and final plat of Lake Hannon 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, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk subject to the following conditions: Resolution No. 01-059 . -3- a. Variance is approved from the subdivision ordinance for sidewalk requirements required by City Code, Section 26-153, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. b. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. c. Pnor to filing the Final Plat, the developer shall enter into a development agreement with the City. The development agreement shall: 1. Provide for the legal transfer to the City of Outlot A as shown on the Plat of Hannon Lake Addition, Hennepin County, MN. Outlot A contains greater than 10% of the total lot area, accommodating the park dedication requirements of the Subdivision Ordinance. 2. Ensure the filing of a pnvate utility easement across Lot 2, granting Lot 1 permanent, irrevocable access to the sanitary sewer in West 28th Street d. Trail dedication fees must be received by the City pnor to filing the final plat. e Applicant shall submit financial security in the form of a cash escrow or letter of credit in the amount of $1000 to insure that a Mylar copy of the final plat is provided. f. Applicant shall submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of tree replacement, public improvements, landscaping and repair/cleaning of public streets and utihties. g. Applicant shall reimburse City attorney's fees in drafting/reviewing such documents as required in the Plat approval. 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 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. Resolution ' o. 07-059 -4- 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. 07-059 adopted at the St. Louis Park City Council meeting held on May 21, 2007. WITNESS my hand and the Seal of the City of St Louis Park this 30th day of May, 2007. • Nancy J. Stroth, ty Clerk