HomeMy WebLinkAbout09-150 - ADMIN Resolution - City Council - 2009/11/02r
RESOLUTION NO. 09-150
RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF
METROPOINT WITH VARIANCES FROM SUBDIVISION ORDINANCE
FOR SIDEWALK AND EASEMENT
BE IT RESOLVED BY the City Council of St. Louis Park:
Findings
1. Interchange Investors, LLC, owner and subdivider of the land proposed to be platted
as METROPOINT has submitted an application for approval of preliminary plat of said subdivision
with variances from the subdivision ordinance for sidewalk (Section 26-153) and easement (Section
26-154) 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-wiC:
Parcel 1:
Lot 2, Block 7, SHELARD PARK, and that part of Lot 1, Block 7,
SHELARD PARK, lying Easterly of a line drawn from a point on the North
line of said lot distant 64.51 feet Westerly of the Northeast corner of said Lot
to a point on the South line of said Lot distant 68.97 feet Westerly of the
Southeast corner of said Lot, according to the plat of SHELARD PARK
recorded as Document No. 3798450 in the office of the County Recorder,
Hennepin County, Minnesota.
Parcel 2:
Lot 3, Block 7, SHELARD PARK, except that part of Lot 3, Block 7,
SHELARD PARK shown as Parcel 45 on Minnesota Department of
Transportation Right of Way Plat Numbered 27-23 recorded as Document
No. 5062849, also described as that part of said Lot 3 lying easterly of a
straight line from Corner B9 to Corner B25 on said Plat 27-23, according to
the plat of SHELARD PARK recorded as Document No. 3798450 in the
office of the County Recorder, 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 topography, utility location, tree location, and the
location of existing buildings.
Resolution No. 09-150 -2-
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.
6. The variances are not contrary to the intent of the Comprehensive Plan. The
Comprehensive Plan does not call for the construction of sidewalks in this location, nor does it
suggest that easements are now or will ever be necessary in all the locations required by the
Subdivision Ordinance. The Comprehensive Plan calls for property such as this to be redeveloped,
which could not occur without the variances.
Conclusion
1. The proposed preliminary plat of Metropoint 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. Variances are approved from the subdivision ordinance requirement for a sidewalk along
the north and east sides of Lot 4, Block 1 of Metropoint, and for an easement along the
north side of Lot 2, Block 1 of Metropoint, and for an easement along the west side of
Lot 3, Block 1 of Metropoint, as required by City Code, Section 26-153 and Section 26-
154.
b. Park and Trail Dedication was already committed by the property underlying the
Preliminary Plat of Metropoint for the construction of Shelard Park; for that reason, no
additional Park and Trail Dedication fees are required.
c. 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.
d. Developer or owner shall pay an administrative fee of $750 per violation of any
condition of this approval.
R
d for Administration:
City
Attest:
City Clerk
Adopte
the City Council November 2, 2009
Mayor