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Home My WebLink About08-153 - ADMIN Resolution - City Council - 2008/12/01• RESOLUTION NO. 08-153 RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF ELLIPSE ON EXCELSIOR WITH VARIANCES FROM SUBDIVISION ORDINANCE FOR PERIMETER DRAINAGE AND UTILITY EASEMENTS BE IT RESOLVED by the City Council of St.. Louis Park: Findings 1. David Payne, James Rossman, and Bader Development, owners and subdividers of the land proposed to be platted as Ellipse on Excelsior have submitted an application for approval of preliminary plat of said subdivision with variances from the subdivision ordinance for perimeter drainage and utility easements (Section 26-154a) 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: Parcel 1: Lots 3, 4 and 11, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota". (Registered property: Certificate of Title No. 666066) Parcel 2: Lots 5, 7, 8, 9 and 10, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota"; and That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which is distant 50 feet at right angles from the centerline of Excelsior Avenue; thence southwesterly parallel with said centerline of Excelsior Avenue 30 feet; thence northwesterly at right angles to Excelsior Avenue 190 feet to a point of the centerline of Greeley Avenue (now Glenhurst Avenue) extended southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet along said extended centerline to the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota"; thence southeasterly 258.4 feet along last mentioned line, to the beginning; and Resolution No. 08-153 -2- That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is 50 feet northwesterly at right angles from the centerline of Excelsior Avenue also known as U.S. Trunk Highway No. 169; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 30 feet to the actual point of beginning of the tract to be described; thence northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance of 190 feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 140 feet; thence southeasterly along a line drawn at right angles to said Excelsior Avenue a distance of 190 feet to a point 50 feet northwesterly at right angles from the centerline of said Excelsior Avenue; thence northeasterly parallel with said centerline 140 feet to the actual point of beginning. (abstract property) Parcel 3: Lot 6, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota". (abstract property) 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 relocation of public sanitary and storm sewer mains and urban design objectives for the site. The building is located near the street right-of-way to provide immediate pedestrian access from the sidewalk to building entrances. Providing the easements will negatively impact the provision of underground parking spaces on the site that are crucial to the success of the project. 5. The granting of the variances 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. Granting a variance from 10 feet to zero feet will not impair the ability to accommodate needed utilities to serve the development. The present road right-of-way accommodates existing and relocated utilities. The granting of the variances will enable a pedestrian -oriented building design. 6. The variance is to correct inequities resulting from an extreme physical hardship. The development requires relocation of public sanitary and storm sewer mains and soil correction. 7. The variance is not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan calls for such lands to be redeveloped and to include certain elements, such as stormwater management, underground parking, sidewalks, and buildings located close to the street. Such redevelopment on this site could not occur without a variance. Conclusion 1. The proposed preliminary plat of Ellipse on Excelsior is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and Resolution No. 08-153 -3- regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to the following conditions: a. Variances are approved from the subdivision ordinance for perimeter drainage and utility easements from 10 feet along Excelsior Boulevard and France Avenue and five feet along the western side of the site required by City Code Section 26- 154a to zero feet; provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. b. City Council approves requests to vacate several existing easements on the property; c. Public drainage and utility easements are acquired from the adjacent property owner for the proposed utility plan, and the utility plan is approved by the City Engineer. d. Park and trail dedication fees shall be paid prior to the City signing the Final Plat. e. All utility service structures shall be buried. If any utility service structure cannot be buried (i.e. electric transformer), it shall be integrated into the building design and 100% screened from off-site. 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 developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Resolution No. 08-153 -4- he City Clerk is instructed to record certified copies of this resolution in the Office of the enn - pin County Register of Deeds or Registrar of Titles as the case may be. Revi -d fo Administration: City Attest: City Clerk Adopted e City Council December 1, 2008 Mayor i I (e --e4 IIuII u iii ivi l111111110 111111111111111 Ilul IflI IflI ID II Doc No 4550658 12/11/2008 09 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 459251 New cert Cert 666066 Deputy 26 Fees $1 50 AF $10 50 STATEFEE $34 00 TDOCFEE $0 00 TSUR $46 00 Total (off (o O (0,6v RESOLUTION NO. 08-153 RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF ELLIPSE ON EXCELSIOR WITH VARIANCES FROM SUBDIVISION ORDINANCE FOR PERIMETER DRAINAGE AND UTILITY EASEMENTS BE IT RESOLVED by the City Council of St.. Louis Park: Findings 1. David Payne, James Rossman, and Bader Development, owners and subdividers of the land proposed to be platted as Ellipse on Excelsior have submitted an application for approval of preliminary plat of said subdivision with variances from the subdivision ordinance for perimeter drainage and utility easements (Section 26-154a) 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: Parcel 1: Lots 3, 4 and 11, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota". (Registered property: Certificate of Title No. 666066) Parcel 2: Lots 5, 7, 8, 9 and 10, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota"; and That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which is distant 50 feet at right angles from the centerline of Excelsior Avenue; thence southwesterly parallel with said centerline of Excelsior Avenue 30 feet; thence northwesterly at right angles to Excelsior Avenue 190 feet to a point of the centerline of Greeley Avenue (now Glenhurst Avenue) extended southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet along said extended centerline to the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota"; thence southeasterly 258.4 feet along last mentioned line, to the beginning; and Resolution No. 08-153 -2- That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is 50 feet northwesterly at right angles from the centerline of Excelsior Avenue also known as U.S. Trunk Highway No. 169; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 30 feet to the actual point of beginning of the tract to be described; thence northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance of 190 feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 140 feet; thence southeasterly along a line drawn at right angles to said Excelsior Avenue a distance of 190 feet to a point 50 feet northwesterly at right angles from the centerline of said Excelsior Avenue; thence northeasterly parallel with said centerline 140 feet to the actual point of beginning. (abstract property) Parcel 3: Lot 6, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota". (abstract property) 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 relocation of public sanitary and storm sewer mains and urban design objectives for the site. The building is located near the street right-of-way to provide immediate pedestrian access from the sidewalk to building entrances. Providing the easements will negatively impact the provision of underground parking spaces on the site that are crucial to the success of the project. 5. The granting of the variances 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. Granting a variance from 10 feet to zero feet will not impair the ability to accommodate needed utilities to serve the development. The present road right-of-way accommodates existing and relocated utilities. The granting of the variances will enable a pedestrian -oriented building design. 6. The variance is to correct inequities resulting from an extreme physical hardship. The development requires relocation of public sanitary and storm sewer mains and soil correction. 7. The variance is not contrary to the 'intent of the Comprehensive Plan. The Comprehensive Plan calls for such lands to be redeveloped and to include certain elements, such as stormwater management, underground parking, sidewalks, and buildings located close to the street. Such redevelopment on this site could not occur without a variance. Conclusion 1. The proposed preliminary plat of Ellipse on Excelsior 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 Resolution No. 08-153 -3- a. Variances are approved from the subdivision ordinance for perimeter drainage and utility easements from 10 feet along Excelsior Boulevard and France Avenue and five feet along the western side ofithe site required by City Code Section 26- 154a to zero feet; provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. b. City Council approves requests to vacate several existing easements on the property; c. Public drainage and utility easements are acquired from the adjacent property owner for the proposed utility plan, and the utility plan is approved by the City Engineer. d. Park and trail dedication fees shall be paid prior to the City signing the Final Plat. e. All utility service structures shall be buried. If any utility service structure cannot be buried (i.e. electric transformer), it shall be integrated into the building design and 100% screened from off-site. 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 developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 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. 08-153 adopted at the St. Louis Park City Council meeting held on December 1, 2008. WITNESS my hand and the Seal o ti.ry Louf St. Louis Park this 2nd day of December, 2008. .. O(/js, � � OEtiPOR9T • ��?� Z.3: v �®� F Nancy J tr: , City Clerk y, SEAL ;tea . ofr 5p3II ..�� IIIIntlI IIII I III II I1111111111111111 Doc No 9215297 12/11/2008 12 00 PM Certified filed and or reco(ded on above date Office of the County Recorder Hennepin Co Oty, Minnesota Michael H Cunniff, County Recorder TranslD 459474 Deputy 9 Fees $35 50 DOC $10 50 SUR $46 00 Total RESOLUTION NO. 08-153 RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF ELLIPSE ON EXCELSIOR WITH VARIANCES FROM SUBDIVISION ORDINANCE FOR PERIMETER DRAINAGE AND UTILITY EASEMENTS BE IT RESOLVED by the City Council of St.. Louis Park: Findings 1. David Payne, James Rossman, and Bader Development, owners and subdividers of the land proposed to be platted as Ellipse on Excelsior have submitted an application for approval of preliminary plat of said subdivision with variances from the subdivision ordinance for perimeter drainage and utility easements (Section 26-154a) 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: Parcel 1: Lots 3, 4 and 11, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota". (Registered property: Certificate of Title No. 666066) Parcel 2: Lots 5, 7, 8, 9 and 10, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota"; and That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which is distant 50 feet at right angles from the centerline of Excelsior Avenue; thence southwesterly parallel with said centerline of Excelsior Avenue 30 feet; thence northwesterly at right angles to Excelsior Avenue 190 feet to a point of the centerline of Greeley Avenue (now Glenhurst Avenue) extended southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet along said extended centerline to the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota"; thence southeasterly 258.4 feet along last mentioned line, to the beginning; and Resolution No. 08-153 -2- That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at a point on the southwesterly line of "Minikanda Oaks, Hennepin County, Minnesota" which point is 50 feet northwesterly at right angles from the centerline of Excelsior Avenue also known as U.S. Trunk Highway No. 169; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 30 feet to the actual point of beginning of the tract to be described; thence northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance of 190 feet; thence southwesterly parallel with the centerline of Excelsior Avenue a distance of 140 feet; thence southeasterly along a line drawn at right angles to said Excelsior Avenue a distance of 190 feet to a point 50 feet northwesterly at right angles from the centerline of said Excelsior Avenue; thence northeasterly parallel with said centerline 140 feet to the actual point of beginning. (abstract property) Parcel 3: Lot 6, Block 5, in "Minikanda Oaks, Hennepin County, Minnesota". (abstract property) 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 relocation of public sanitary and storm sewer mains and urban design objectives for the site. The building is located near the street right-of-way to provide immediate pedestrian access from the sidewalk to building entrances. Providing the easements will negatively impact the provision of underground parking spaces on the site that are crucial to the success of the project. 5. The granting of the variances 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. Granting a variance from 10 feet to zero feet will not impair the ability to accommodate needed utilities to serve the development. The present road right-of-way accommodates existing and relocated utilities. The granting of the variances will enable a pedestrian -oriented building design. 6. The variance is to correct inequities resulting from an extreme physical hardship. The development requires relocation of public sanitary and storm sewer mains and soil correction. 7. The variance is not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan calls for such lands to be redeveloped and to include certain elements, such as stormwater management, underground parking, sidewalks, and buildings located close to the street. Such redevelopment on this site could not occur without a variance. Conclusion 1. The proposed preliminary plat of Ellipse on Excelsior 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: Resolution No. 08-153 -3- a. Variances are approved from the subdivision ordinance for perimeter drainage and utility easements from 10 feet along Excelsior Boulevard and France Avenue and five feet along the western side of the site required by City Code Section 26- 154a to zero feet; provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. b. City Council approves requests to vacate several existing easements on the property; c. Public drainage and utility easements are acquired from the adjacent property owner for the proposed utility plan, and the utility plan is approved by the City Engineer. d. Park and trail dedication fees shall be paid prior to the City signing the Final Plat. e. All utility service structures shall be buried. If any utility service structure cannot be buried (i e. electric transformer), it shall be integrated into the building design and 100% screened from off-site. 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 developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 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. 08-153 adopted at the St. Louis Park City Council meeting held on December 1, 2008. WITNESS my hand and th:.*. yri.5%., e City of St. Louis Park this 2nd day of December, 2008. i 0 SEAL yeti• 1 Nei,1 co i9- wtc;zg Nan . Stroth, City Clerk