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HomeMy WebLinkAboutResolution 2024-06 Minks Addition PP ResolutionCity of Corcoran County of Hennepin State of Minnesota RESOLUTION 11NIU. 2024-06 Motion youottema Seconded By: Vehrenkamp January 25, 2024 A RESOLUTION APPROVING A PRELIMINARY PLAT AND A VARIANCE FOR "MINKS ADDITION" ON THE PROPERTIES LOCATED AT 6925 OLD SETTLERS ROAD AND 7005 OLD SETTLERS ROAD (PID 27-119-23-43-0005 AND 27-119-23-43-0006) (CITY FILE NO. 23-025) WHEREAS, Lyndon Minks ("the applicant") requested approval of a preliminary plat to allow for a lot line adjustment between the two properties described as follows, See Attachment A. WHEREAS, the applicant also re requirement for Lot 1, and, quested approval of a variance from the minimum lot width WHEREAS, the Planning Commission reviewed the preliminary plat and variance at a duly called public hearing, and; WHEREAS, the Planning Commission recommended approval, 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 November 7, 2023, and January 19, 2024, except as amended by this resolution. 2. The requested variance from the lot width requirement to allow a minimum lot width of 26' for Lot 1 is approved based on the following findings: a. That there are practical difficulties in complying with the Zoning Ordinance. The lot width of Lot 1 is an existing legal nonconformity, and the combined street frontage of the two lots is not changing. There is practical difficulty in complying with the zoning ordinance because it is not possible for both lots to meet the minimum lot width requirement. Adjusting the western common lot line will not increase the nonconformity of the lot width for Lot 1. 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 current minimum lot width requirement for which the variance is being sought was established after the two properties were originally subdivided. The combined street frontage of 335' existed prior to the subdivision in 1987 and was not created by the current landowner. 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, and the minimum lot width will be no less than it exists today. There Page 1 of 4 City of Corcoran County of Hennepin State of Minnesota RESOLUTION IMU. 2024-06 January 25, 2024 are other lots in the surrounding areas that do not meet the minimum lot width requirement of the Rural Residential district. d. The proposed variance would be in harmony with the general purposes and intent of the ordinance. The intent of the minimum lot width requirement is to ensure street frontage for every property, control density, and protect property rights. Granting the variance does not conflict with these intents, nor does it conflict with the general intents and purposes of the Zoning Ordinance as provided in Section 101000200 e. The variance is consistent with the Comprehensive Plan and maintains the Rural/Ag Residential land use designation. 3. The applicant must comply with all conditions in the City Engineer's Memo dated December 21, 2023. Where there is conflict between the wetland related requirements within the Engineer's Memo and this Resolution, this Resolution prevails. 4. There are two development rights remaining on Outlot A. 5. The existing legal, nonconforming accessory structure will be allowed to remain on Outlot A. The building can be maintained in accordance with the City 's nonconforming structure and use regulations in Section 1030.010 of the Zoning Ordinance, 6. No other structures can be built on Outlot A until a new plat changes the property to a platted lot of record. 7. Should Outlot A be platted as a lot or subdivided in the future, asingle-family home must be constructed on the same parcel as the existing accessory structure. The existing accessory structure cannot remain in an outlot or on a lot by itself should Outlot A be further subdivided. 8. Should Outlot A be platted as a lot or subdivided in the future, septic syst be approved through Hennepin County and submitted to the City. 9. The applicant must prepare a private easement agreeme address the driveway encroachment on to Outlot A. The a approved by the City Attorney and recorded at Hennepin em permits must nt between Lot 1 and Outlot A to greement must be reviewed and County. 10. The applicant must enter into an encroachment agreement with the City to address the location of the driveway for Lot 1 within drainage and utility easements. This must be recorded at Hennepin County. 11. The applicant must meet the following wetland requirements of Section 1050.010 of the Zoning Ordinance: a. The wetland buffers and monument signs are deferred on Outlot A until the property is platted as a lot or further subdivided. Page 2 of 4 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2024-06 January 25, 2024 b. The wetland buffers and monument signs must be established for the residential lot. c. Wetland buffer monument signs must be installed according to the approved plan and must be certified by a registered land surveyor prior to release of the escrow account. i. Wetland buffer monument signs must be purchased from the City. ii. Wetland postv 12. Park dedication is not due with this plat as there are no newly created parcels. Should Outlot A be platted in the future as a single lot, no park dedication would be due at that time either. However, should Outlot A be further subdivided, any newly created parcel buffer monument signs must be installed on a treated 4x4 wooden would be subject to park dedication. 13. Additional landscaping is not required for this plat as there are no newly created parcels. required at that time either. However, should Outlot A be further subdivided, any newly created parcel would be subject to landscaping requirements at that time. Should Outlot A be platted in the future as a single lot, new landscaping would not be 14. 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 ❑ N ichols, 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 25t" day of January, 2024. ATTEST: Mich'e Friedrich —City Clerk Tom McKee -Mayor Page 3 of 4 City of Corcoran County of Hennepin State of Minnesotel a RESOLUTION INUm 2024-06 ATTACHMENT A January 25, 2024 The South 785.00 feet of the West Half of the Southeast Quarter of Section 27, Township 119, Range 23, Hennepin County, Minnesota, except the South 475.00 feet of the East 754.00 feet thereof. AND The South 475.00 feet of the East 754.00 feet of the West Half of the Southeast Quarter of Section 27, Township 119, Range 23, Hennepin County, Minnesota, except the South 450.00 feet of the East 194.00 feet thereof. Page 4 of 4