HomeMy WebLinkAbout90-98 - ADMIN Resolution - City Council - 1990/07/16RESOLUTION NO.
90-98
A RESOLUTION OF FINDINGS REGARDING THE APPLICATION OF
RICK BATESON (HAROLD ARETZ) FOR A PRELIMINARY PLAT
APPROVAL TO ALLOW A SUBDIVISION OF 10 LOTS FOR PROPERTY
LOCATED IN THE R-1, SINGLE FAMILY RESIDENCE DISTRICT AND F-2
FLOODPLAIN DISTRICT EAST OF STATE HIGHWAY 169 AND SOUTH OF
WEST 23
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota
1. On April 16, 1990, Rick Bateson (Harold Aretz) filed an application seeking a
Preliminary Plat of a subdivision consisting of 10 lots for property located in the R-1 Single
Family Residence District and F-2 Floodplain District located east of State Highway 169
and south of West 23rd Street for the following legal description, to wit:
All that part of the Southwest 1/4 of the Northwest 1/4 and the Northwest
1/4 of the Southwest 1/4 of Section 7, Township 117 North,Range 21 West,
described as follows: Commencing at a point on the West line of said
southwest 1/4 of the Northwest 1/4, 655 feet South of the Northwest corner
thereof; thence East to the Southeast corner of Lot 1, Block 2, Aretz 5th
Addition; thence Southeasterly 40 feet to the angle point in the Southerly line
of said Lot 2; thence South 433 feet; thence Southeasterly deflecting to the
left at an angle of 51 degrees a distance of 260 feet; thence Southeasterly
deflecting to the right at an angle of 36 degrees a distance of 115 feet; thence
Southerly deflecting to the right at an angle of 15 degrees to an intersection
with a line drawn from the Northwest corner of Lot 4, Block 2, Aretz 3rd
Addition to a point in the West line of said Northwest 1/4 of the Southwest
1/4, 221 feet South of the Northwest corner thereof; thence West along said
line so drawn to the west line of said Northwest 1/4 of the Southwest 1/4;
thence North to a point of beginning, except that part thereof included in
County Road No. 18.
2. On May 16, 1990, the Planning Commission reviewed the request and
recommended denial of the Preliminary Plat on a vote of 5-0-1.
3. On June 18, 1990, the City Council held a public hearing, received testimony from
the public, discussed the application, closed the public hearing and authorized preparation
of a resolution of denial on a vote of 6-0.
4. Based on the testimony, evidence presented, and files and records, the City Council
does hereby find that the proposed 10 lot preliminary plat called Oriole Oaks does not
comply with City Ordinance in several pertinent respects, namely:
A. The Ordinance specifies that the maximum length of a cul-de-sac shall not
exceed 500 feet while the proposed cul-de-sac is approximately 1,000 feet in
length. In his application and subsequent testimony, the applicant failed to
carry his burden of demonstrating that denial of a variance for cul-de-sac
length will deprive the owner of a reasonable use of his land or curtail a
substantial property right of the owner as it appears that at least five (5) lots
could be created in full compliance with the ordinance. Furthermore,
granting the variance will be detrimental to the public welfare for reasons
including but not limited to, the difficulty of emergency vehicles reaching
dwellings which could be constructed on lots at the end of the cul-de-sac in the
event an emergency arises when the cul-de-sac is in an impassable condition.
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B. Testimony from nearby property owners in opposition to the proposed plat
expressed concern over many issues including the potential adverse impact of
construction activities and storm water runoff on the adjacent wetland, non-
compliance with Ordinance requirements, the self-created nature of the
owner's access problem, the difficulty of emergency vehicle access, highway
noise impacts on the proposed development, snow storage and traffic problems
in the neighborhood.
C. The applicants failed to adequately address or refute the objections of the
nearby property owners as expressed in B above_
D. Other public officials having jurisdiction over this plat, specifically the
Minnesota Department of Natural Resources, have indicated that the
proposed street will encroach upon the Ordinary High Water level of Cedar
Manor Pond (Protected Wetland 27-713W; Ordinary High Water elevation of
899.1, NGVD) and that the agency would deny a permit to allow construction
of the street in the event the proposed street encroaches on the Ordinary
High Water level. The plans submitted by the subdivider indicate that the
road will have an impact on the Ordinary High Water level of Cedar Manor
Pond, as the proposed road encroaches on the Ordinary High Water level.
E. The Subdivision Ordinance requires a cul-de-sac to have a right-of-way with a
radius of 60 feet and pavement with a radius of 50 feet. The preliminary plat
shows a right-of-way in the cul-de-sac with a radius of 50 feet and pavement
with a radius of 40 feet.
5. In the event of any subsequent applications for subdivision for development of the
subject property, said applications shall be reviewed to determine whether any variances are
required. If the proposed development requires variances to the zoning or subdivision
ordinances, the application shall not be accepted for filing unless, and until it is determined
that the proposed application is materially different from the proposal denied by this
resolution.
6. The contents of Planning Case File 90-26-S are hereby entered into and made part of
the public hearing record and the record of decision for this case.
CONCLUSION
The applicant's request for a Preliminary Plat approval of a subdivision consisting of 10 lots
for property located east of Highway 169 and south of West 23rd Street is hereby denied
based on the findings set forth above.
ATTEST:
Reviewed for administration:
W. . 6 101)01
City manager
Adopted by the City Council July 16, 1989
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Approved as to form and execution:
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