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HomeMy WebLinkAbout07-143 - ADMIN Resolution - City Council - 2007/11/19RESOLUTION NO. 07-143 RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF FRETHAM 9TH ADDITION WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR SIDEWALK BE IT RESOLVED by the City Council of the City of St. Louis Park: Findings 1. Estate of Robert Benjamin and Lakewest Development Co., LLC, owners and subdividers of the land proposed to be platted as Fretham 9th Addition have submitted an application for approval of preliminary and final plat of said subdivision with a variance from the subdivision ordinance for sidewalk (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 described lands in Hennepin County, Minnesota, to -wit: the South 140.00 feet of the West 175.00 feet of the Southwest Quarter of the Southeast Quarter of Section 7, Township 117, Range 21, Hennepin County, Minnesota and Block 4, BELMONT TERRACE, 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. The existing conditions on the site do not include any sidewalk or trail on either Boone or Cavell Avenues; therefore, a sidewalk would not connect to any other sidewalk or trail. Further, Hennepin County is constructing a trail on the south side of Minnetonka Boulevard. The County does not expect to build a trail along the north side of Minnetonka Boulevard at this time. 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 not be detrimental to the public health, safety, or welfare or injurious to any surrounding properties. 6. The variance is to correct inequities resulting from an extreme physical hardship. The requested variance will remove the requirement for sidewalk and trail, which is unnecessary. and undesirable based on the existing site and neighborhood conditions. 7. The variance is not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan does not call for the construction of sidewalks or trails in this location, nor is it anticipated that future Comprehensive Plan updates will designate this area for sidewalk or trails. Resolution No. 07-143 -2- Conclusion 1. The proposed preliminary and final plat of Fretham 9th 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. A variance is approved from the subdivision ordinance requirement for the construction of a sidewalk or trail, as required by City Code, Section 26-153. b. Park dedication fees must be received by the City prior to filing the final plat. c. Trail dedication fees must be received by the City prior to filing the final plat. d. 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. e. 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. f. Applicant shall enter into a development agreement with the City to guarantee the completion of all required improvements. g. Applicant shall install a boulder wall along Minnetonka Boulevard. h. Applicant shall install parking turnarounds for Lots 1 and 2 along Cavell Avenue of a minimum size of 8.5 feet by 20 feet. i. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this 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 d scri ' ; d and shall entitle such plat to be placed on record forthwith without further formality. e City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepi County Register of Deeds or Registrar of Titles as the case may be. �� tration: 111111111111110 II�I Cit177 a' er Attest: Adopted b the C ty Council November 19, 2007 Mayor D I II II i II Doc No 9075260 12/13/2007 10 29 AM Certified filed and or recorded on above,date Office of the County Recorder Hennepin County,Minnesota Michael H Cunniffe`ounty Recorder TranslD 361903 Deputy 14 Fees $35 50 DOC $10 50 SUR $46 00 Total *4— TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES DEC 13 2007 MIMCOUNTY, MN 4, z RESOLUTION NO. 07-143 BY DEPUTY RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF FRETHAM 9TH ADDITION WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR SIDEWALK BE IT RESOLVED by the City Council of the City of St. Louis Park: Findings 1. Estate of Robert Benjamin and Lakewest Development Co., LLC, owners and subdividers of the land proposed to be platted as Fretham 9`h Addition have submitted an application for approval of preliminary and final plat of said subdivision with a variance from the subdivision ordinance for sidewalk (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 described lands in Hennepin County, Minnesota, to -wit: the South 140.00 feet of the West 175.00 feet of the Southwest Quarter of the Southeast Quarter of Section 7, Township 117, Range 21, Hennepin County, Minnesota and Block 4, BELMONT TERRACE, 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. The existing conditions on the site do not include any sidewalk or trail on either Boone or Cavell Avenues; therefore, a sidewalk would not connect to any other sidewalk or trail. Further, Hennepin County is constructing a trail on the south side of Minnetonka Boulevard. The County does not expect to build a trail along the north side of Minnetonka Boulevard at this time. 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 not be detrimental to the public health, safety, or welfare or injurious to any surrounding properties. 6. The variance is to correct inequities resulting from an extreme physical hardship. The requested variance will remove the requirement for sidewalk and trail, which is unnecessary and undesirable based on the existing site and neighborhood conditions. 7. The variance is not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan does not call for the construction of sidewalks or trails in this location, nor is it anticipated that future Comprehensive Plan updates will designate this area for sidewalk or trails. • • Resolution No.,07-143 -2- Conclusion 1. The proposed preliminary and final plat of Fretham 9th 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. A variance is approved from the subdivision ordinance requirement for the construction of a sidewalk or trail, as required by City Code, Section 26-153. b. Park dedication fees must be received by the City prior to filing the final plat. c. Trail dedication fees must be received by the City prior to filing the final plat. d. 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. e. 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 f. Applicant shall enter into a development agreement with the City to guarantee the completion of all required improvements. g. Applicant shall install a boulder wall along Minnetonka Boulevard. h. Applicant shall install parking turnarounds for Lots 1 and 2 along Cavell Avenue of a minimum size of 8.5 feet by 20 feet. i. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this 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 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, l's e and correct copy of the original Resolution No. 07-143 adopted at the St. Louis Park -,City 'ouncil meeting held on November 19, 2007. is Ho 30th day ovember, 2007. epu ity Clerk 1 07-v3 u IIUII III III III II III I�u III I �I Doc No 4454651 12/14/2007 04 30 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 362526 New cert Cert 259237 Deputy 55 Fees $1 50 AF $10 50 STATEFEE $34 00 TDOCFEE $0 00 TSUR $46 00 Total TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES 0 RESOLUTION NO. 07-143 RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF FRETHAM 9TH ADDITION WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR SIDEWALK BE IT RESOLVED by the City Council of the City of St. Louis Park: Findings 1. Estate of Robert Benjamin and Lakewest Development Co., LLC, owners and subdividers of the land proposed to be platted as Fretham 9th Addition have submitted an application for approval of preliminary and final plat of said subdivision with a variance from the subdivision ordinance for sidewalk (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 described lands in Hennepin County, Minnesota, to -wit: the South 140.00 feet of the West 175.00 feet of the Southwest Quarter of the Southeast Quarter of Section 7, Township 117, Range 21, Hennepin County, Minnesota and Block 4, BELMONT TERRACE, 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. The existing conditions on the site do not include any sidewalk or trail on either Boone or Cavell Avenues; therefore, a sidewalk would not connect to any other sidewalk or trail. Further, Hennepin County, is constructing a trail on the south side of Minnetonka Boulevard. The County does not expect to build a trail along the north side of Minnetonka Boulevard at this time. 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 not be detrimental to the public health, safety, or welfare or injurious to any surrounding properties. 6. The variance is to correct inequities resulting from an extreme physical hardship. The requested variance will remove the requirement for sidewalk and trail, which is unnecessary and undesirable based on the existing site and neighborhood conditions. 7. The variance is not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan does not call for the construction of sidewalks or trails in this location, nor is it anticipated that future Comprehensive Plan updates will designate this area for sidewalk or trails. Resolution No. 07-143 -2- Conclusion 1. The proposed preliminary and final plat of Fretham 9`h 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. A variance is approved from the subdivision ordinance requirement for the construction of a sidewalk or trail, as required by City Code, Section 26-153. b. Park dedication fees must be received by the City prior to filing the final plat. c. Trail dedication fees must be received by the City prior to filing the final plat. d. 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. e. 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. f. Applicant shall enter into a development agreement with the City to guarantee the completion of all required improvements. g. Applicant shall install a boulder wall along Minnetonka Boulevard. h. Applicant shall install parking turnarounds for Lots 1 and 2 along Cavell Avenue of a minimum size of 8.5 feet by 20 feet. i. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this 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 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. 07-143 adopted at the St. Louis Park City Cou meetin held on November 19, 2007. WITNESS d`iancaiid'the Seal of the City of St. 0 SEAL tiFp�N Cp •r�; is ea I 1044.1_141111aidll M. 'ia onol•, D ..uty City Cler ember, 2007.