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HomeMy WebLinkAbout09-160 - ADMIN Resolution - City Council - 2009/11/16RESOLUTION NO. 09-160 Amends and Restates Resolution No. 08-119 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 08-119 ADOPTED SEPTEMBER 15, 2008 GIVING APPROVAL FOR FINAL PLAT OF WOODDALE POINTE WITH EASEMENT VARIANCES BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Greco Real Estate Development, LLC, and Rottlund Homes, owners and subdividers of the land proposed to be platted as Wooddale Pointe have submitted an application for approval of final plat of said subdivision with variances to reduce the size of required drainage and utility easements (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 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: Lots 1, 2, 3, and 4, Block 44, "St. Louis Park," Lots 7, 8, 9, 10, and 11, Block 44, Rearrangement of St. Louis Park, Lot 6, Block 44, Rearrangement of St. Louis Park, except that part lying Westerly of the following described line: Commencing at the Northeast corner of Block 44, Rearrangement of St. Louis Park, thence Westerly 110.00 feet along the North line of said Block 44 to the point of beginning of the line to be described; thence Southerly at a right angle, to the Southwesterly line of said Block 44 and there terminating. That part of the North Half of the vacated alley between Block 1, "Collins Second Addition to St. Louis Park" and Block 44, "St. Louis Park," lying West of the Southerly extension of the East line of Lot 1, Block 44, "St. Louis Park" and Easterly of the Southeasterly extension of the Westerly line of Lot 11, block 44, "Rearrangement of St. Louis Park." AND Block 1, COLLINS SECOND ADDITION TO ST. LOUIS PARK, according to the recorded plat thereof, Hennepin County, Minnesota. The portion of the alley lying Easterly of Wooddale Avenue between 36`h and 37`h Streets for a distance of approximately 250 feet located in. Lots 1 to 4 inclusive, and all of vacated alley and adjoining one half of Yosemite Avenue vacated, Block 1, COLLINS SECOND ADDITION TO ST. LOUIS PARK Resolution No. 09-160 -2- 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 the property's physical shape, and topographical layout 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. The granting of the variance will enable a building to be constructed that is consistent in design and scale with other buildings constructed along 36th Street. 6. The variances are to correct inequities resulting from an extreme physical hardship. The irregular shape of the lot limits where the building and parking areas can be located. 7. The variances are 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 underground parking, and buildings that are located along the street right-of-way. Such redevelopment could not occur without a variance. 8. A Final Plat was approved regarding the subject property pursuant to Resolution No. 08-119 of the St. Louis Park City Council dated September 15, 2008 which contained conditions applicable to said property; and 9. Due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that Final Plat; and 10. It is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 08-119, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution. Conclusion 1. The proposed final plat of Wooddale Pointe 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 to eliminate the drainage and utility easements required by section 26-154 of the Subdivision Ordinance along 36th Street West, Wooddale Ave South and Yosemite Ave, except for the north end of Yosemite Ave, where a five foot deep by 26 foot long utility easement will be required. Provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk b. Condominium association papers must be approved by the City Attorney. c. A $1,000 cash escrow be submitted to guarantee the city receives a fully executed mylar copy of the final plat. d. Park dedication of $108,8{40 82,945 be paid prior to the city signing the final plat e. Trail dedication of $900 18,675 be paid prior to the city signing the final plat • • Resolution No. 09-160 -3- 2. The Final Plat shall be amended on November 16, 2009 to incorporate all of the preceding conditions and add the following conditions. a. The deadline for recording the final plat shall be automatically extended to December 31, 2011. 3. 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. 4 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. 5. 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. T H ty Clerk is instructed to record certified copies of this resolution in the Office of the n County Register of Deeds or Registrar of Titles as the case may be. Revie for Administration: City Attest: 4464r-10----)611145.)- City Clerk Adopted by the City Council November 16, 2009 Mayo/