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HomeMy WebLinkAbout08-050 - ADMIN Resolution - City Council - 2008/04/07RESOLUTION NO. 08-050 RESOLUTION OF APPROVAL FOR PRELIMINARY PLAT OF ISABELLE ESTATES WITH A VARIANCE FROM THE SUBDWISION ORDINANCE FOR LOT WIDTH BE IT RESOLVED by the City Council of St. Louis Park: Findings 1. Westling Trust and Golden Valley Land Company, owner and subdivider of the land proposed to be platted as Isabelle Estates have submitted an application for approval of preliminary plat of said subdivision with a variance from the subdivision ordinance for required lot width 26-152(b)(1)) 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 preliminary plat is situated upon the following described lands in Hennepin County, Minnesota, to -wit: That part of the southwest quarter of the southeast quarter of Section 7, Township 117, Range 21 lying southerly of the plat of West Lynn, westerly of the plat of West Lynn Second Addition, and easterly of the easterly lines of Registered Land Surveys No. 162 and No. 703; except that part thereof embraced within Registered Land Survey No. 230. Torrens 4. On January 2, 2008, the Planning Commission conducted a public hearing and tabled consideration to a future meeting. On March 5, 2008 the Planning Commission recommended approval of the preliminary plat with conditions. At that same meeting, the Commission also recommended approval (5-1 vote) of the variance to the lot width according to the following findings: a. 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 extreme grade changes and an existing mature grove of trees. b. 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 superior subdivision by preserving an existing natural buffer provided by the grove of trees and will increase the distance between the new homes and the existing homes to the north. Resolution No. 08-050 -2- c. The variance is to correct inequities resulting from an extreme physical hardship resulting from significant changes in topography. Granting the variance will allow the developer to construct the four homes with minimal grade corrections. d. The variance is not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan calls for all residential developments to be low density. Conclusion The proposed preliminary plat of Isabelle Estates 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: 1. A variance is approved from section 26-152(b)(1) of the subdivision ordinance to reduce the 75 foot lot width required to be maintained for at least 1/3 of the lot depth, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. 2. Park dedication fees must be received by the City prior to filing a final plat. 3. Trail dedication fees must be received by the City prior to filing the final plat. 4. A deed restriction shall be filed on lots 1 and 2 requiring the principal buildings to be setback at least 50 feet from the rear property line. 5. The easement along the east property line of lot 4 shall be increased to 10 feet. 6. 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. 7. 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, relocating the crosswalk at Minnetonka Blvd, constructing a six foot sidewalk along Minnetonka Blvd, landscaping, and repair/cleaning of public streets and utilities. 8. A 10' public trail easement shall be provided to the City, running the full length of the property along Minnetonka Boulevard, prior to filing the final plat. 9. A subdivision variance is approved to eliminate the requirement that sidewalks or trails be constructed along Aquila Avenue, with the condition that an amount equal to the cost of construction of that same length of sidewalk be dedicated to the city for construction of a sidewalk located elsewhere in the city. 10. A six foot wide concrete sidewalk shall be constructed by the developer along Minnetonka Blvd and Aquila Ave. The sidewalk will include a connection to the crosswalk across Minnetonka Blvd. 11. Developer shall work with Hennepin County to relocate the crosswalk across Minnetonka Blvd to the east side of Aquila Avenue. 12. Lots 1 and 2 are to have two separate driveways, but share a common access onto Minnetonka Blvd. 13. The driveways on Lots 1 and 2 are to have a built in turn around so vehicles leaving the property are not required to back onto Minnetonka Blvd. Resolution No. 08-050 -3- 14. Hours of operation for all grading and construction activities, including the construction of ® the new homes, shall be limited to 9am to 6pm Monday through Saturday. No grading or construction activities are to occur on Sunday. 15. Priority shall be given for tree replacement to provide screening along the west property line of Lot 1 between the proposed home and the existing home on the adjacent parcel to the west. 16. The applicant shall pay an administrative fine of $750 per violation of any condition of this approval. 17. 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. 0 T .'ty Clerk is instructed to record certified copies of this resolution in the Office of the H - nnep n County Register of Deeds or Registrar of Titles as the case may be. Revi r Administration: ed by the City Council April 7, 2008 City M Attest: City Clerk er >Vt2z1,6._____ o ,.''1 Hhlo III 1111 11 111111 Doc No 4508612 06/26/2008 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 416086 Deputy 45 New cert Cert Fees 1222705 $1 50 AF $10 50 STATEFEE $34 00 TDOCFEE $0 00 TSUR $46 00 Total , 122205 RESOLUTION NO. 08-050 RESOLUTION OF APPROVAL FOR PRELIMINARY PLAT OF ISABELLE ESTATES WITH A VARIANCE FROM. THE SUBDIVISION ORDINANCE FOR LOT WIDTH BE IT RESOLVED by the City Council of St. Louis Park: Findings 1. Westling Trust and Golden Valley Land Company, owner and subdivider of the land proposed to be platted as Isabelle Estates have submitted an application for approval of preliminary' plat of said subdivision with a variance from the subdivision ordinance for required lot width 26-152(6)(1)) 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 preliminary plat is situated upon the following described lands in Hennepin County, Minnesota, to -wit: That part of the southwest quarter of the southeast quarter of Section 7, Township 117, Range 21 lying southerly of the plat of West Lynn, westerly of the plat of West Lynn Second Addition, and easterly of the easterly lines of Registered Land Surveys No 162 and No. 703; except that, part thereof embraced within Registered Land Survey No. 230. Torrens 4. On January 2, 2008, the Planning Commission conducted a public hearing and tabled consideration to a future meeting. On March 5, 2008 the Planning Commission recommended approval of the preliminary plat with conditions. At that same meeting, the Commission also recommended approval (5-1 vote) of the variance to the lot width according to the following findings: a. 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 ' Resolution No. 08-050 -2- reasonable use of the land. Such circumstances arise due to extreme grade changes and an existing mature grove of trees. b. 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 superior subdivision by preserving an existing natural buffer provided by the grove of trees and will increase the distance between the new homes and the existing homes to the north. c. The variance is to correct inequities resulting from an extreme physical hardship resulting from significant changes in topography. Granting the variance will allow the developer to construct the four homes with minimal grade corrections. d. The variance is not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan calls for all residential developments to be low density. Conclusion The proposed preliminary plat of Isabelle Estates 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: 1. A variance is approved from section 26-152(b)(1) of the subdivision ordinance to reduce the 75 foot lot width required to be maintained for at least 1/3 of the lot depth, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. 2. Park dedication fees must be received by the City prior to filing a final plat. 3. Trail dedication fees must be received by the City prior to filing the final plat. 4. A deed restriction shall be filed on lots 1 and 2 requiring the principal buildings to be setback at least 50 feet from the rear property line. 5. The easement along the east property line of lot 4 shall be increased to 10 feet. 6. 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. 7. 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, relocating the crosswalk at Minnetonka Blvd, constructing a six foot sidewalk along Minnetonka Blvd, landscaping, and repair/cleaning of public streets and utilities. 8. A 10' public trail easement shall be provided to the City, running the full length of the property along Minnetonka Boulevard, prior to filing the final plat. 9. A subdivision variance is approved to eliminate the requirement that sidewalks or trails be constructed along Aquila Avenue, with the condition that an amount equal to the cost of construction of that same length of sidewalk be dedicated to the city for construction of a sidewalk located elsewhere in the city. Resolution No. 08-050 -3- 10. A six foot wide concrete sidewalk shall be constructed by the developer along Minnetonka allBlvd and Aquila Ave. The sidewalk will include a connection to the crosswalk across Minnetonka Blvd. 11. Developer shall work with Hennepin County to relocate the crosswalk across Minnetonka Blvd to the east side of Aquila Avenue. 12. Lots 1 and 2 are to have two separate driveways, but share a common access onto Minnetonka Blvd. 13. , The driveways on Lots 1 and 2 are to have a built in turn around so vehicles leaving the property are not required to back onto Minnetonka Blvd. 14. Hours of operation for all grading and construction activities, including the construction of the new homes, shall be limited to 9am to 6pm Monday through Saturday. No grading or construction activities are to occur on Sunday. 15. Priority shall be given for tree replacement to provide screening along the west property line of Lot 1 between the proposed home and the existing home on the adjacent parcel to the west. 16. The applicant shall pay an administrative fine of $750 per violation of any condition of this approval. 17. 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. 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 CITY OF ST. LOUIS PARK ss 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. 08-050 adopted at the St. Louis Park City Council meeting held on April 7, 2008. WITNESS my hand and the Seal of the City of St. Louis Park this 19th day of June, 2008. • Nancy J. Strot ! C r Clerk