HomeMy WebLinkAbout13-148 - ADMIN Resolution - City Council - 2013/10/07 (3)RESOLUTION NO. 13-148
RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF
WOODDALE FLATS
WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR
REDUCTION IN UTILITY EASEMENT
BE IT RESOLVED BY the City Council of St. Louis Park:
Findings
1. Wooddale Flats, LLC, owner and subdivider of the land proposed to be platted as
Wooddale Flats has submitted an application for approval of preliminary and final plat of said
subdivision with a variance from the subdivision ordinance for a reduction in the width of utility
easement provided (Section 26-154) from 5.0 feet to 0.0 feet along the perimeter of the alley
turn -around on the southwest portion of the property 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 and 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 descnbed lands in Hennepin
County, Minnesota, to -wit:
Parcel 1:
Lots 1 to 4 inclusive, Lots 37 and 38, Lot 36, except the South 10
feet thereof, all in Block 2, Browndale, according to the recorded
plat thereof, and situate in Hennepin County, Minnesota.
(Abstract Property)
Parcel 2:
That part of the Southwest Quarter of the Northwest Quarter of
Section 7, Township 28 North, Range 24 West of the Fourth
Principal Meridian descnbed as follows: Commencing at a point
399.96 feet East of the Southwest corner of the Northwest Quarter
of the Northwest Quarter of section in center of cross road
extending from Excelsior Avenue in Southeasterly direction
through said section; thence South 34 degrees 12 minutes East
279.62 feet along center line of cross road to point of beginning of
tract to be descnbed; thence continuing along last described line
300 feet; thence South 67 degrees West 191 feet; thence North 34
degrees 12 minutes West on a line parallel with said center line of
cross road to a point drawn Southwesterly from the actual point of
beginning and a right angle to the center line of said cross road;
thence Northeasterly along said right angle line to the actual point
of beginning, according to the United States Government Survey
thereof and situate in Hennepin County, Minnesota.
(Torrens Property, Certificate No. 84516)
And
Resolution No. 13-148 -2-
That portion of the vacated alley in Block 2, `Browndale," which
lies North of the easterly extension of the North line of Lot 34,
Block 2, `Browndale," and which lies westerly of a line extending
from a point 7.00 feet easterly from the Southeast corner of Lot 33
in said Block 2, as measured along the easterly extension of the
South line of said Lot 33 and passing through a point equidistant
from the Northeast corner of said Lot 34 and the Northwest corner
of Lot 1 in said Block 2, 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 site topography and the
dedication of right-of-way to the City.
5. 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. The
granting of the variance will enable a 0.0 foot utility easement along the perimeter of the all turn-
around on the southwest portion of the property.
6. 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 a pedestrian oriented environment and life -cycle housing. Such redevelopment could not
occur without a variance.
Conclusion
1. The proposed preliminary and final plat of Wooddale Flats 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, provided,
however, that this approval is made subject to the opinion of the City Attorney and Certification
by the City Clerk subject to the following conditions:
a. A variance is approved from the subdivision ordinance for a 0.0 foot utility
easement around the perimeter of the alley turn -around on the southwest portion
of the property from a 5.0 foot utility easement required by City Code, Section
26-154, provided, however, that this approval is made subject to the opinion of
the City Attorney and Certification by the City Clerk.
b. Park dedication and trail dedication fees, totaling $49,500 and $7,425
respectively, shall be paid to the City pnor to the City signing the final plat.
c. A financial security in the form of a cash escrow or letter of credit in the amount
of $5,000 shall be submitted to the City, prior to the City signing the Final Plat, to
insure the following:
i. A signed Mylar copy of the final plat is provided to the City
ii. Iron monuments are installed marking the lot corners
iii. The developer or owner shall pay an administrative fee of $750 per
violation of any condition of this approval.
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Resolution No. 13-148 -3-
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 C Clerk is instructed to record certified copies of this resolution in the Office of the
Henn pin ounty Register of Deeds or Registrar of Titles as the case may be.
Review
dministration:
City M
Attest:
City Clerk
Adopted by the City Council October 7, 2013
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1111111111111111111111111111111111111111111111111111111
Doc No A10025607
Certified, filed and/or recorded on
Nov 4, 2013 12 00 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark V Chapin, County Auditor and Treasurer
Deputy 81 Pkg ID 1051222M
Doc Name: Resolution I_ f 'i 7
Document Recording Fee $46 00
Document Total
RECEIVED
NOV 2 6 2013
OFFICE OF THE CITY CLERK
This cover sheet is now a permanent part of the recorded document
$46 00
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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. Resolution No. 13-148 adopted October 7, 2013
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 Stroth
City Clerk
Date: October 21, 2013