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HomeMy WebLinkAbout09-045 - ADMIN Resolution - City Council - 2009/03/02RESOLUTION NO. 09-045 O RESOLUTION GIVING APPROVAL OF PRELIMINARY PLAT WITH A SUBDIVISION VARIANCE FOR PERIMETER DRAINAGE AND UTILITY EASEMENTS THE TOWERS AT WEST END BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Duke Realty L.P., owner and subdivider of the land proposed to be platted as The Towers at West End has submitted an application for approval of preliminary plat of said subdivision with a variance 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 4iCounty, Minnesota, to -wit: Outlot A, THE SHOPS AT WEST END, 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 arise due to relocation of public sanitary 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. 5. Granting 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. Granting a variance from 10 feet to six feet for a 77 -foot long segment along Utica Avenue will not impair the ability to accommodate needed utilities to serve the development. The present road right-of-way and proposed easements will accommodate existing and relocated utilities. 6. The variance corrects inequities resulting from an extreme physical hardship. The development requires relocation of public sanitary 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, structured parking, sidewalks, and buildings located close to the street. Such redevelopment on this site could not occur without a variance. Resolution No. 09-045 -2- Conclusion 1. The proposed preliminary plat of The Towers at West End with a subdivision variance 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: a. A variance is approved from the subdivision ordinance for perimeter drainage and utility easements from 10 feet to six feet for a 77 -foot long segment adjacent to a planned on -street loading area along Utica Avenue. b. The underground stormwater management shall be a private -owned and maintained system. The drainage and utility easement is required for public inspection and emergency access. c. The plat shall be revised to address the comments in the Consulting Engineer Plan Review Letter before applying for final plat and final PUD. d. City of Golden Valley approval of that portion of the plat within its jurisdiction. 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 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 Hen 4.4 County Register of Deeds or Registrar of Titles as the case may be. Revi we r Administration: City Manag Attest: City Clerk Adopted by the City Council March 2, 2009 Mayor RESOLUTION NO. 09-045 RESOLUTION GIVING APPROVAL OF PRELIMINARY PLAT WITH A SUBDIVISION VARIANCE FOR PERIMETER DRAINAGE AND UTILITY EASEMENTS THE TOWERS AT WEST END BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Duke Realty L.P., owner and subdivider of the land proposed to be platted as The Towers at West End has submitted an application for approval of preliminary plat of said subdivision with a variance 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: Outlot A, THE SHOPS AT WEST END, 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 arise due to relocation of public sanitary 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. 5. Granting 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. Granting a variance from 10 feet to six feet for a 77 -foot long segment along Utica Avenue will not impair the ability to accommodate needed utilities to serve the development. The present road right-of-way and proposed easements will accommodate existing and relocated utilities. 6. The variance corrects inequities resulting from an extreme physical hardship. The development requires relocation of public sanitary 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, structured parking, sidewalks, and buildings located close to the street. Such redevelopment on this site could not occur without a variance. 0 • ' -Resolution No. 09'-"045 -2- Conclusion 1. The proposed preliminary plat of The Towers at West End with a subdivision variance 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: a. A variance is approved from the subdivision ordinance for perimeter drainage and utility easements from 10 feet to six feet for a 77 -foot long segment adjacent to a planned on -street loading area along Utica Avenue. b. The underground stormwater management shall be a private -owned and maintained system. The drainage and utility easement is required for public inspection and emergency access. c. The plat shall be revised to address the comments in the Consulting Engineer Plan Review Letter before applying for final plat and final PUD. d. City of Golden Valley approval of that portion of the plat within its jurisdiction. 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 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 ) 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. 09-045 adopted at the St. Louis Park City Council meeting held on March 2, 2009. WITNESS my hand and the Seal of the City of St. Louis Park this 3rd day of March, 2009. ----)'? Cerl. Nancy SKth, City Clerk 09415 . IIUhI U III IfflI UII DhI 101 II llI II Doc No T4622891 Certified, filed and/or recorded on 3/18/09 4 30 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles Jill L Alverson, County Auditor and Treasurer Deputy 55 Doc Name: Resolution Document Recording Fee Pkg ID 520166 $46 00 Document Total Existing Certs 1222619 This cover sheet is now a permanent part of the recorded document New Certs $46 00