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HomeMy WebLinkAbout08-070 - ADMIN Resolution - City Council - 2008/05/19RESOLUTION NO. 08-070 RESOLUTION GIVING APPROVAL FOR FINAL PLAT OF WESTLING ESTATES (FORMERLY ISABELLE ESTATES) WITH VARIANCES FROM THE SUBDIVISION ORDINANCE FOR DRAINAGE AND UTLIITY EASEMENTS BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Westling Trust and Golden Valley Land Company, owners and subdividers of the land proposed to be platted as Westling Estates have submitted an application for approval of final plat of said subdivision 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 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 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 allow the required lot width to extend for less than the required 1/3 of the lot depth, and the Commission recommended denial of the variance to not install a sidewalk along Aquila Avenue. 5. On April 7, 2008, the City Council approved the preliminary plat, the variance to allow the lot width to extend less than 1/3 of the lot depth and denied the variance to not install a sidewalk along Aquila Avenue (thereby requiring the sidewalk to be installed) with conditions. 6. On May 7, 2008, the Planning Commission recommended approval (5-1 vote) of the final plat with conditions. At that same meeting, the Commission also recommended approval (5-1 vote) of variances for drainage and utility easements according to the following findings: Resolution No. 08-070 -2- 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. The variances are required to preserve the existing structures which have historical significance. 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 the existing home, detached garage and barn to be preserved. The home was built in 1874, and the barn is the last remaining barn in St. Louis Park. c. The variance is not contrary to the intent of the Comprehensive Plan. Conclusion The proposed final plat of Westling 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, 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: 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. The lot dimensions shall be as shown in the attached Exhibit A — Final Plat. 2. A subdivision variance to eliminate the requirement that sidewalks or trails be constructed along Aquila Avenue is denied. The sidewalk shall be installed along Aquila Avenue. 3. A variance is approved from section 26-154(a) of the subdivision ordinance to reduce the required drainage and utility easement along the north property line of Lot 3 from 10 feet to two feet, and to reduce the required drainage and utility easement along the west property line of Lot 3 from five feet to three feet. 4. The drainage and utility easement along the rear property line of Lots 1 and 2 shall be increased to 50 feet. 5. The drainage and utility easement along the east property line of lot 4 shall be increased to 10 feet. 6. 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. 7. A six foot wide concrete sidewalk shall be constructed by the developer along Minnetonka Blvd and Aquila Ave. 8. Developer shall relocate the crosswalk across Minnetonka Blvd to the west side of Aquila Avenue (Aquila Ave located on the north side of Minnetonka Blvd). 9. Lots 1 and 2 are to have two separate driveways, but share a common access onto Minnetonka Blvd. 10. 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. 08-070 -3- 11. Priority shall be given for tree replacement to provide screening along the west property line 1111 of Lot 1 between the proposed home and the existing home on the adjacent parcel to the west. 12. Park dedication fees must be received by the City prior to filing a final plat. 13. Trail dedication fees must be received by the City prior to filing the final plat. 14. 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. 15. 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. 16. 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. 17. The applicant shall pay an administrative fine of $750 per violation of any condition of this approval. 18. 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. 19. 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 4111 above and the St. Louis Park Ordinance Code have been fulfilled. 20. 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. he City Clerk is instructed to record certified copies of this resolution in the Office of the ennepin County Register of Deeds or Registrar of Titles as the case may be. ed for Administration: Ado . ted by the City Council May 19, 2008 ager Attest: 41111 City Clerk I __)(awcat7 I °X-- - 111111111111111111111111111110111111111111111111 Doc No 4509497 06/30/2008 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 416725 New cert , Cert 1222705 Deputy 55 Fees $1 50 AF $10 50 STATEFEE $34 00 TDOCFEE $0 00 TSUR $46 00 Total 0 • RESOLUTION NO. 08-070 RESOLUTION GIVING APPROVAL FOR FINAL PLAT OF WESTLING ESTATES (FORMERLY ISABELLE ESTATES) WITH VARIANCES FROM THE SUBDIVISION ORDINANCE FOR DRAINAGE AND UTLIITY EASEMENTS BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Westling Trust and Golden Valley Land Company, owners and subdividers of the land proposed to be platted as Westling Estates have submitted an application for approval of final plat of said subdivision 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 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 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 allow the required lot width to extend for less than the required 1/3 of the lot depth, and the Commission recommended denial of the variance to not install a sidewalk along Aquila Avenue. 5. On April 7, 2008, the City Council approved the preliminary plat, the variance to allow the lot width to extend less than 1/3 of the lot depth and denied the variance to not install a sidewalk along Aquila Avenue (thereby requiring the sidewalk to be installed) with conditions. 6. On May 7, 2008, the Planning Commission recommended approval (5-1 vote) of the final plat with conditions. At that same meeting, the Commission also recommended approval (5-1 vote) of variances for drainage and utility easements according to the following findings: Resolution No. 08-070 , -2- 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. The variances are required to preserve the existing structures which have historical significance. 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 the existing home, detached garage and barn to be preserved. The home was built in 1874, and the barn is the last remaining barn in St. Louis Park. c. The variance is not contrary to the intent of the Comprehensive Plan. Conclusion The proposed final plat of Westling 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, 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: • 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. The lot dimensions shall be as shown in the attached Exhibit A — Final Plat. 2. A subdivision variance to eliminate the requirement that sidewalks or trails be constructed along Aquila Avenue is denied. The sidewalk shall be installed along Aquila Avenue. 3. A variance is approved from section 26-154(a) of the subdivision ordinance to reduce the required drainage and utility easement along the north property line of Lot 3 from 10 feet to two feet, and to reduce the required drainage and utility easement along the west property line of Lot 3 from five feet to three feet. 4. The drainage and utility easement along the rear property line of Lots 1 and 2 shall be increased to 50 feet. 5. The drainage and utility easement along the east property line of lot 4 shall be increased to 10 feet. 6. 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. 7. A six foot wide concrete sidewalk shall be constructed by the developer along Minnetonka Blvd and Aquila Ave. 8. Developer shall relocate the crosswalk across Minnetonka Blvd to the west side of Aquila Avenue (Aquila Ave located on the north side of Minnetonka Blvd). 9. Lots 1 and 2 are to have two separate driveways, but share a common access onto • Minnetonka Blvd. 10. 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. 08-070 , -3- 11. Priority shall be' given for tree replacement to provide screening along the west property line 0 of Lot 1 between the proposed home and the existing home on the adjacent parcel to the west. 12. Park dedication fees must be received by the City prior to filing a final plat. 13. Trail dedication fees must be received by the City prior to filing the final plat. 14. 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. 15. 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. 16. Hours of operation for all grading and constiuction 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. 17. The applicant shall pay an administrative fine of $750 per violation of any condition of this approval. 18. The Ciry Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 19. 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 4111 above and the St. Louis Park Ordinance Code have been fulfilled. 20. 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 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. 08-070 adopted at the St. Louis Park City Council meeting held on May 19, 2008. WITNESS my hand and the Seal of the City of St. Louis Park this 20th day of June, 2008.