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HomeMy WebLinkAboutResolution 2021-129 Preliminary Plat and Variance for Skies Limit LLCCity of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2021-129 Motion By: McKee Seconded By: Nichols November 22, 2021 'BECHTOLD• ' ON 1 • ROAD (PID 05=1 19m23=44m000108=1 19m23=1lil 1 M 1 1 WHEREAS, Skies Limifi LLC ("the applicant") has requested approval of a preliminary plat to create 12 lots from two existing parcels legal described as: SEE ATTACHMENTA WHEREAS, the applicanfi has also requested approval of a variance to allow privafie drive access through the unimproved Garden Lane right -of --way, and; WHEREAS; the Planning Commission reviewed the preliminary plat and variance at a duly called public hearing and recommended approval, and; NOW, THEREFORE, BE IT RESOLVED that the Corcoran City Council approves the request for a preliminary plat and variance subject to the following findings and conditions: 1. A preliminary plat is approved, in accordance with fihe plans received by the City on June 157 2021 and revisions received on June 28, September 21, and October 7, 2021, except as amended by this resolution. 2. The requested variance to allow Lot 10 Block 1 to access Bechtold Rd through a private drive located in fihe unimproved Garden Lane right -Of -way via a temporary driveway "encroachment agreement" is approved based on the following findings: a. That there are practical difficulties in complying with the Zoning Ordinance. The applicant has modified their original plans numerous times at the request of City staff to accommodate planning and engineering concerns. Section 945.020, Subd. 1, requires each lot "to abut and have direct access to an improved street or private drive". There is practical difficulty in constructing the 1757 ft. extension of Garden Lane from Chaparral Lane that would only be needed to serve one lot. The easement is also very close to the existing house at 9927 Garden Lane and would significantly impact the homeowner. The full construction of Garden Lane is not warranted at this time. b. That the conditions upon which a petition for variation is based are unique to the parcel of land for which the variance is sought and were not created by the landowner. The most viable option for a second entrance to the subdivision is through the extension of Garden Lane. There is an existing easement for the extension of Garden Lane through 9927 Garden Lane which abuts the southwestern most portion of the site; however, the new public street would be constructed very close to the existing home and will have a significant impact on that homeowner while providing limited value to the new development. Staff required the applicant to provide a right-of-way for the extension of Garden Lane and a street could be constructed in the future if warranted. City of Corcoran County of Hennepin State of Minnesota RESOLUTION No. 2021-129 November 22, 2021 c. That granting the variation will not alter the essential character of the locality. Granting the variation will not alter the essential character of the locality. The access to Lot 10 will simply appear as a long driveway and right-of-way would be preserved for a future public street. d. The proposed variance would be in harmony with the general purposes and intent of the ordinance. Lot 10, Block 1 and the driveway will be indistinguishable from the other lots in this development. When Garden Lane is constructed in the future, Lot 10, Block 1 will have direct access to an improved road in compliance with the Subdivision Ordinance. e. The variance is consistent with the Comprehensive Plan. The variance way is consistent with the Comprehensive Plan for Rural/Ag Residential. The lot and driveway will be similar in appearance to other homes in this development and will minimize impacts on neighboring properties. f. The City may impose conditions on the variance to address the impact of the variance. The driveway will be maintained by the homeowner and will be removed from the Garden Lane public right-of-way when the street is constructed. Access to Lot 10, Block 1 will be from Garden Lane once the street is constructed. 3. There are no development rights remaining after land is platted. 4. The driveway for Lot 10, Block 1 in the unimproved Garden Lane public right-of-way MUST be removed once the street is improved. Lot 10, Block 1 will have direct access from Garden Lane once the road is improved. 5. Lots within the Shoreland Overlay district are coverage limit of 25% for the portion of the to limited to a maximum impervious surface t in the shoreland overlay. a. Homes located within Shoreland Overlay Disfirict are limited to a 25 ft. maximum building height. 6. A vacation application must be submitted with the final plat application. 7. Park dedication shall be a combination of land for the trail easement and cash -in -lieu of and for the 11 new lots, subject to the park dedication fees adopted at the time the final plat is released for filing. a. Park dedication shall be the two 20400t trail easements as shown on "Exhibit A — Trail easement area" in the Council packet plus an additional 10-foot trail easement in the floodplain adjacent to the east side of the trail easement and west of the creek on Lot 6. b. The Applicant must provide the City with updated gross and net park dedication areas to properly calculate the park dedication fee. 8. Prior to submittal of final plat: a. The applicant must comply with all conditions in the City Engineer's memo dated October 25, 2021. Page 2 of 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION No. 2021-129 b. Plans must be revised to show the finished fill elevation for stru extend 15 ft. beyond the outside limits of the structure. November 22, 2021 ctures must c. The preliminary plat must be revised to show all drainage and utility easements, trail easements and conservation easements. d. Plans must be revised to clearly show the: i. 100-year floodplain ii. Shoreland Overlay District iii. Ordinary high water line (OHWL) iv. Wetland boundaries e. Each lot must show one overstory tree to be planted on the lot. f. Plans must be updated to show the proposed trail easements and park land dedication area. g. Structures to be preserved on Lot 1, Block 1 must be dimensioned on plans. h. Applicant must submit a planting and maintenance plan for wetland buffers and monuments. i. Plans must comply with the wetland buffer and setback requirements in Section 1050.010 of the Zoning Ordinance. j. Plans must show compliance with wetland buffer strip planting requirements in Section 1050.010 of the Zoning Ordinance. k. Plans minimum setback from wetlands and the ordinary high water line. must be revised to relocate septic systems to comply with the 75 ft. I. Obtain preliminary approval of the septic locations from Hennepin County Public Health. 9. Prior to issuance of building permits: a. Wetland buffer monument signs shall be b. Wetland buffer monument signs must be installed as required by Section 1050.010, Subd. 7, of the Zoning Ordinance. c. Wetland buffer plantings must be installed by the developer in accordance with Section 1050.010, Subd. 8, of the Zoning Ordinance. d. Record the approving resolutions, mylar and all related documents at Hennepin County and provide proof of recording to the City. e. The applicant must enter into a development contract with the City as outlined in Section 960 of the Zoning Ordinance. Page 3of5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2021-129 November 22, 2021 10. 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 final plat. VOTING AYE ® McKee, Tom ® Bottema, J o n ® Nichols, Jeremy ® Schultz, Alan ® Vehrenkamp, Dean VOTING NAY ❑ McKee, Tom ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 22"d day of November, 2021a ATTEST: Jes ca Beise —Adminis trative Service �,om McKee-1�lfayor s D i re cto r City Seal Page 4 of 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2021-129 November 22, 2027 ATTACHMENT A The South Half of the Southeast Quart of Section 5, Township 119, Range 23, Hennepin County, Minnesota, except road. AND Outlot A, BECHTOLD FAMILY ACRES, Hennepin County, Minnesota, according to the recorded plat thereof. Page 5 ofi 5