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HomeMy WebLinkAboutResolution 2021-79 Approving Preliminary Plat and Variance-Gordons EstatesCity of Corcoran County of Hennepin State of Minnesoton a RESOLUTION NU. 2021-79 Motion By: Schultz Seconded By: Nichols July 22, 2021 A RESOLUTION APPROVING A PRELIMINARY PLAT AND A VARIANCE FOR "CORDON'S COUNTRY ESTATES" ON THE PROPERTIES LOCATED AT 19701 JACKIE LANE AND 19717 JACKIE LANE (PID 01 A 19-23-22-0024 AND 01 A 19-23-22-0021) (CITY FILE NO. 21-025) WHEREAS, Jake Overcott ("the applicant") has requested approval of a preliminary plat to allow for a lot line adjustment between the two properties described as follows; LOTS 9, 10, AND 11, BLOCK 3, CORDON'S COUNTRY ESTATES, HENNEPIN COUNTY, M/NNESO TA. WHEREAS, the applicant has also requested approval of a variance from lot size and lot width requirements, and; WHEREAS, the Planning Commission reviewed the preliminary plat and variance at a duly called public hearing, and; NOW, THEREFORE, BE IT RESOLVED that the Corcoran City Council approves the request for a preliminary and variance subject to the following findings and conditions: 1. A preliminary plat is approved, in accordance with the plans received by the City on May 18, 2021 and revisions received on May 28, 2021, except as amended by this resolution. 2. Approval of the preliminary plat and variance is contingent upon approval of the requested easement vacation. 3. The requested variance from the lot size and lot width requirements is approved based on the following findings: a. That there are practical difficulties in complying with the Zoning Ordinance. The existing lots are legal, nonconforming lots and their combined area is not changing. There is practical difficulty in complying with the zoning ordinance because both properties are legal, nonconforming lots and it is not possible to create conforming lots from the combined area of the two lots. Adjusting the common lot line will not result in any real change to the existing conditions with two legal nonconforming lots. b. That the conditions upon which a petition for a variation is based are unique to the parcels of land for which the variance is sought and were not created by the landowners. The conditions for which the variance is being sought were established after the two properties had been developed. The constraints to conform with minimum lot size and lot width were established prior to, and not created by, the current landowners. c. That the granting of the variation will not alter the essential character of the locality. The proposed lots are being created where two lots already exist. No new lots are being created. Page 1 of 3 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2421-79 July 22, 2021 d. The proposed variance would be in harmony with the general purposes and intent of the ordinance. The intent of the UR district is to preserve areas where urban services are planned, as shown on the 2040 Comprehensive Plan, but not yet available. City Code describes that the large minimum lot area will assist to retain these lands in their natural state until public infrastructure is available. Proposed Lots 1 and 2 will continue to preserve the urban service area as it exists today. e. The variance is consistent with the Comprehensive Plan and maintains the Existing Low Density Residential designation. 4. The applicant must comply with all conditions in the City Engineers Memo dated June 22, 2021. 5. Priorto release of the escrow, the applicant must relocate or remove the shed on proposed Lot 2 to comply with the 20400t side yard setback requirements for accessory structures in the Urban Reserve district or adjust the proposed lot line to ensure compliance. 6. The approval is subject to the review and approval of the wetland delineation. a. The applicant shall provide a wetland delineation report for the property afi 19717 Jackie Lane. b. The wetland delineation for the plat must be approved prior to final plat application. c. The plans must be revised to show the required wetland buffer, wetland buffer setbacks and wetland buffer monuments on the preliminary plat. d. The approved wetland delineation shall be shown on plans prior to recording the final plat. e. All permanent wetland buffer monument signs must be erected along the wetland buffer line as required by Section 1050.010, Subd. 7 of the ZOningOrdinance. f. Wetland buffer monument signs shall be purchased from the City and must be installed by the applicant prior to release of escrow. g. The applicant is allowed to let the wetland buffer stri p 7. 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, Manoi Page 2 of 3 City of Corcoran County of Hennepin State of Minnesota RESOLUTION No. 2021-79 Whereupon, said Resolution is hereby declared adopted on this 22nd day of JUIy 2021. July 22, 2021 ATT EST Je�ica Beise — Adm Tom Mc��.e= istrative Services Director ayor City Seal Page 3 of 3 i f.. pm J Am 4 r- w •.b � f - A imp AT 4WI •.��'- ' ..,. 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