Loading...
HomeMy WebLinkAboutResolution 2021-30 Approving Preliminary Plat Franzen EstatesCity of Corcoran County of Hennepin State of Minnesota Motion By: Schultz Seconded By: Thomas April 221 2027 PROPERTY LOCATED AT 23020 STREHLER ROAD (PID WA19=23m3MO03) WHEREAS, Greg and Deb Franzen ("the applicant") have requested approval of a preliminary pat to allow for a three lot subdivision on property described as follows: See Attachment A WHEREAS, the applicant has also requested approval of a variance from the lot width requirements and the requirement for frontage on a public street or private drive, and; WHEREAS, the Planning Commission reviewed the submitted preliminary plat and variance at a July called Public Hearing, and; NOW, THEREFORE, BE IT RESOLVED that the Corcoran City Council approves the request for a preliminary plat subject to the following findings and conditions; 1. A preliminary plat is approved, in accordance with the plans received by the City on December 30, 2020 and revisions received on January 26, 2021 and March 10, 2021, except as amended by this resolution. 2. The requested variance from the frontage on a public street or private drive requirements is denied based on the following findings: a. That there are no practical difficulties in complying with the Zoning and Subdivision Ordinance standards. The developer could construct the private drive in this extended easement as required by the ordinance. It appears that the request for the variance is primarily economic based on the landowner's desire to avoid constructing the private drive; however, both MN Statute §462.357 and the ordinance state that economic considerations alone do not constitute practical difficulties. b. The conditions upon which vacation is requested is not unique to the parcel of land. The property directly to the east (Strehler Preserve) was approved for subdivision in 2016 and requested the ordinance amendment that the City Council adopted to allow private drives as an option to public streets. Since that time there have been 2-3 other small subdivisions that were allowed to build a private drive to meet the lot width requirements. There is no physical reason that this subdivision cannot build a private drive to serve the two new lots. There are certainly other developers who would prefer to avoid the cost of either a new public street or private drive to provide access. c. Granting the variation will not alter the essential character of the locality. Page 1 of 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION 114U. 2021-30 April 221 2021 d. The variance would not be in harmony with the general purposes and intent of the Ordinance, which required each lot to have frontage and access onto a public street or private drive. The ordinance ensures that access to homes is built to minimum standards to ensure access is maintained to minimum standards to allow public safety vehicle access to the new homes. e. The variance is not inconsistent with any specific Comprehensive Plan policies. 3. The requested variance from the lot width is approved based on the following findings: a. That there are practical difficulties in complying with the Zoning Ordinance. When the Franzen property was split in 1993, the roadway easement was provided to allow a subdivision space for lot width is not as shown on the plans and extending the easement to provide additional practical . b. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and were not created by the landowner. When the Franzen property was split in 1993, the roadway easement was provided to allow a subdivision as shown on the plans. c. That the granting of the variation will not alter the essential character of the locality. d. The proposed variance would be in harmony with the general purposes and intent of the Ordinance to allow single family homes. The plat is consistent with the vision for future development anticipated in 1993 when the Franzen parcel was split and the roadway easement granted. e. The variance is consistent with the Comprehensive Plan. 4. There are no development rights remaining after the land is platted. 5. The applicant shall comply with comments in the City Engineer's memo dated March 23, 6. The 50-foot front yard minimum setback shall be measured from the south lot line on Lots 2 and 3. 7. The plans must be revised to shown single shared private drive off the cul-de-sac for the two new driveways. a. The applicant shall work with the City Engineer to finalize the design prior to submittal of the final plat. b. Driveway drainage conveyance (swales/culverts) needs to be designed and identified on plans to ensure offsite drainage is not impacted. This includes but is not limited to runoff from the exception parcel and Lot 1 across Lot 2 drive and runoff from Larsen Road Across all of the drives. Page 2 of 5 City of Corcoran County of Hennepin State of Minnesota c. Provide a draft ma t April22, 2027 RESOLUTION No. 2021-30 intenance agreement for maintenance of the shared portion of he private driveway for review and approval by the City Attorney. 8. The approval is subject to the review and approval %J the wetland delineation. a. The applicant shall comply with any conditions of approval from the wetland Local Government Unit. b. The plans must comply with the wetland buffer and setback requirements in Section 1050.010 of the Zoning Ordinance. c. The plans must show the required wetland buffer monuments on the preliminary plat. d. The plans must show compliance with the wetland buffer strip planting requirements in e . Th Section 1050.010 of the Zoning Ordinance. e plans must show the minimum 75-foot setback from the delineated wetland. 9. Park dedication shall be due for the two new lots and sha II be cash-in-I subject to the park dedication fees adopted at the time the final plat is 10. Prior to submittal of the final plat application, the applicant must: a. Revise th eu i of land, released for filing. e preliminary plat to provide drainage and utility easements over the approved wetland and wetland buffers. The preliminary shall be revised to show these easements. b. Revise the preliminary plat to show line. front yard setbacks of 50 feet from the south lot c. Provide proof of preliminary approval of the septic locations from Hennepin County. d. Provide a recorded copy of the 60-foot roadway easement or title work to confirm the that the easement ha 11. Prior to issuance of build . s been recorded for review by the City Attorney ing permits: a. Wetland buffer monument signs must be installed as required by Section 1050.010 of the Zoning Ordinance. b. Lot monuments shall be installed as r equired by the Subdivision Ordinance. c. Each lot must show one overstory tree to be planted on the lot. d. Record the approving resolutions, mylar and all related documents at Hennepin County and provide proof of recording to the City. e. The applicant shall provide the approved preliminary and final plat drawings to the City in an electronic (AutoCAD) format. Page 3 of 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2021-30 f. The applicant must enter into a sit submit a financial guarantee for th Subd. 9 of the Zoning Ordinance, April22) 2021 e e improvement performance agreement and proposed work as outlined in Section 1070.050, 12. Approval of the preliminary plat shall expire within one year of the date of approval unless the applicant has filed a complete application for approval of a final plat. VOTING AYE ® McKee, Tom ® Bottema, Jon ® Nichols, Jeremy ® Schultz, Alan ® Thomas, Manoj VOTING NAY ❑ McKee, Tom ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan ❑ Thomas, Manoj Whereupon, said Resolution is hereby declared adopted on this 22nd day of April 2021. �<< Tom McKee - Mayor ATTEST: City Seal Jsic�Beise —Administrative Services Director Page 4 of 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NU. 2021-30 ATTACHMENT A April 22, 202 7 The West 659.91 feet of the West Half of the Southwest Quarter of Section 17, Township 119, Range 23, Hennepin County, Minnesota. Except that part of the West 659.91 feet of the Southwest Quarter of the Southwest Quarter which lies West of the East 329.96 feet thereof. Also Except Road. Page5of5