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HomeMy WebLinkAbout11-141 - ADMIN Resolution - City Council - 2011/12/19RESOLUTION NO. 11-141 RESOLUTION APPROVING A PRELIMINARY PLAT OF ELLIPSE II ON EXCELSIOR WITH VARIANCE FOR A DRAINAGE AND UTILITY EASEMENT BE IT RESOLVED by the City Council of St. Louis Park: Findings 1. Bader Development, subdivider, has submitted an application requesting approval of a preliminary plat and a variance from the subdivision ordinance (Section 26-154a) for the front drainage and utility easement 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 land owners include St. Louis Park Economic Development Authority (3924 Excelsior Boulevard, PIN 06-028-24-41-0003) and Ellipse on Excelsior LLC (3900 Excelsior Boulevard, PIN 06-028-24-41-0072). 3. The proposed preliminary plat has been found to be 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. 4. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to -wit: That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, described as commencing at the intersection of the Southwesterly line of the plat of "Minikanda Oaks, Hennepin County, Minnesota" with a line drawn parallel with and 50 feet Northwesterly from the centerline of Excelsior Avenue, as delineated on said plat; thence Southwesterly parallel with said centerline and its Southwesterly extension 170 feet to the actual point of beginning; thence continuing Southwesterly along said parallel line 166.30 feet; thence Northwesterly at right angles 190 feet; thence Northeasterly at right angles 166.30 feet; thence Southeasterly at right angles to the point of beginning, Hennepin County, Minnesota. AND The Southwesterly 11.00 feet of Lot 1, Block 1, ELLIPSE ON EXCELSIOR, Hennepin County, Minnesota. 5. 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 redevelopment and design objectives for the site. The building is located near the street right-of-way to provide convenient pedestrian access from the sidewalk to building entrances. Providing the easements would also negatively impact the provision of underground parking spaces on the site that are important to the success of the development. Resolution 11-141 -2- 6. 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. Granting a variance from 10 feet to four 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. 7. The variance is to correct inequities resulting from a physical hardship. The development requires removal of contaminated and unsuitable soils. 8. 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 II on Excelsior and a variance to allow a reduction in the front drainage and utility easement from 10 feet to four feet 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. City Council approves a request to vacate an existing landscape easement (Doc. No. 6743421); b Park and trail dedication fees shall be paid prior to the City signing the Final Plat. 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. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owners and subdivider, who are the applicants 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. Resolution 11-141 -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 s unty Register of Deeds or Registrar of Titles as the case may be. Reviewed'fo d inistration: Adopteby the City Council December 19, 2011 City Manag Attest: MC(ir� tern City Clerk' Mayor I Deputy 54 Pkg ID 771924M b Doc Name: Resolution I(-14 Document Recording Fee $46 00 Multiple Certificates Affected $20 00 I I I I I I I I I I I I I I I I I I 1 I I 1 I I I I I 1 I I 1 1 I I I 1 1 I I I I I I I I I I I I I Doc No T4925334 Certified, filed and/or recorded on 2/3/12 12 00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Acting Registrar of Titles Mark V Chapin, County Auditor and Treasurer Fee Document Total $66 00 Existing Certs 1314326 1332250 This cover sheet is now a permanent part of the recorded document New Certs CITY OF ST LOUIS PARK /3/x13.24 /3 a 5-0 Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) - The undersigned hereby certifies the following: "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No. 11-141 adopted December 19, 2011, and on file in the Office of the City Clerk. 2) The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St. Louis Park. Nancy J. S th City Clerk Date: January 26, 2012 • RESOLUTION NO. 11-141 RESOLUTION APPROVING A PRELIMINARY PLAT OF ELLIPSE II ON EXCELSIOR WIT ':! VARIANCE FOR A DRAINAGE AND UTILITY EASEMENT BE IT RESOLVED by the City Council of St. Louis Park: Findings 1. Bader Development, subdivider, has submitted an application requesting approval of a preliminary plat and a variance from the subdivision ordinance (Section 26-154a) for the front drainage and utility easement 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 land owners mclude St. Louis Park Economic Development Authonty (3924 Excelsior Boulevard, PIN 06-028-24-41-0003) and Ellipse on Excelsior LLC (3900 Excelsior Boulevard, PIN 06-028-24-41-0072). 3. The proposed preliminary plat has been found to be 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. 4. The proposed plat is situated upon the following descnbed lands in Hennepin County, Minnesota, to -wit: That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, described as commencing at the intersection of the Southwesterly line of the plat of "Mimkanda Oaks, Hennepin County, Minnesota" with a line drawn parallel with and 50 feet Northwesterly from the centerline of Excelsior Avenue, as delineated on said plat; thence Southwesterly parallel with said centerline and its Southwesterly extension 170 feet to the actual point of beginning; thence continuing Southwesterly along said parallel line 166.30 feet; thence Northwesterly at nght angles 190 feet; thence Northeasterly at right angles 166.30 feet; thence Southeasterly at right angles to the point of beginning, Hennepin County, Minnesota. AND The Southwesterly 11.00 feet of Lot 1, Block 1, ELLIPSE ON EXCELSIOR, Hennepin County, Minnesota. 5. 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 redevelopment and design objectives for the site. The building is located near the street right-of-way to provide convenient pedestrian access from the sidewalk to building entrances. Providing the easements would also negatively impact the provision of underground parking spaces on the site that are important to the success of the development. - Resolution 11-141 -2- 6. -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. Granting a variance from 10 feet to four 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 pedestnan-oriented building design. 7. The variance is to correct inequities resulting from a physical hardship. The development requires removal of contaminated and unsuitable soils. 8. 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 II on Excelsior and a vanance to allow a reduction in the front drainage and utility easement from 10 feet to four feet 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. City Council approves a request to vacate an existing landscape easement (Doc. No. 6743421); b Park and trail dedication fees shall be paid prior to the City signing the Final Plat. c. All utility service structures shall be buned. If any utility service structure cannot be buried (1 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 owners and subdivider, who are the applicants herein. 3. The Mayor and City Manager are hereby authonzed 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. Resolution 11-141 -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 aunty Register of Deeds or Registrar of Titles as the case may be Reviewed fo d 'nistration: Attest: A • AdopteLby the City Council December 19, 2011 Mayor k-, IIIfl iI iU 11111 1111111111111111 Doc No A9748102 Certified, filed and/or recorded'on 2/3/12 12 00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, Acting County Recorder Mark V Chapin, County Auditor and Treasurer Deputy 52 Doc Name: Resolution 1— (y I Document Recording Fee Pkg ID 772297M $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document •ff CITY OF ST. LOUIS PARK Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned hereby certifies the following: "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No. 11-141 adopted December 19, 2011, and on file in the Office of the City Clerk. 2) The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St. Louis Park. Nancy J. Stro City Clerk Date: January 26, 2012 RESOLUTION NO. 11-141 RESOLUTION APPROVING A PRELIMINARY PLAT OF ELLIPSE II ON EXCELSIOR WITH VARIANCE FOR A DRAINAGE AND UTILITY EASEMENT BE IT RESOLVED by the City Council of St. Louis Park: Findings 1. Bader Development, subdivider, has submitted an application requesting approval of a preliminary plat and a variance from the subdivision ordinance (Section 26-154a) for the front drainage and utility easement 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 land owners include St. Louis Park Economic Development Authonty (3924 Excelsior Boulevard, PIN 06-028-24-41-0003) and Ellipse on Excelsior LLC (3900 Excelsior Boulevard, PIN 06-028-24-41-0072). 3. The proposed preliminary plat has been found to be 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. 4. The proposed plat is situated upon the following descnbed lands in Hennepin County, Minnesota, to -wit: That part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 28, Range 24, descnbed as commencing at the intersection of the Southwesterly line of the plat of "Minikanda Oaks, Hennepin County, Minnesota" with a line drawn parallel with and 50 feet Northwesterly from the centerline of Excelsior Avenue, as delineated on said plat; thence Southwesterly parallel with said centerline and its Southwesterly extension 170 feet to the actual point of beginning; thence continuing Southwesterly along said parallel line 166.30 feet; thence Northwesterly at nght angles 190 feet; thence Northeasterly at right angles 166.30 feet; thence Southeasterly at right angles to the point of beginning, Hennepin County, Minnesota. AND The Southwesterly 11.00 feet of Lot 1, Block 1, ELLIPSE ON EXCELSIOR, Hennepin County, Minnesota. 5. 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 redevelopment and design objectives for the site. The building is located near the street right-of-way to provide convenient pedestrian access from the sidewalk to building entrances. Providing the easements would also negatively impact the provision of underground parking spaces on the site that are important to the success of the development. Resolution 11-11,1 -2- 6. -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. Granting a variance from 10 feet to four 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. 7. The variance is to correct inequities resulting from a physical hardship. The development requires removal of contaminated and unsuitable soils. 8. 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 II on Excelsior and a variance to allow a reduction in the front drainage and utility easement from 10 feet to four feet 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. City Council approves a request to vacate an existing landscape easement • (Doc. No. 6743421); b Park and trail dedication fees shall be paid prior to the City signing the Final Plat. 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. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owners and subdivider, who are the applicants 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. • • Resolution 11-141 -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 _ aunty Register of Deeds or Registrar of Titles as the case may be. Reviewed fo . d inistration: Attest: Adopt e by the City Council December 19, 2011 Mayor k-,