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HomeMy WebLinkAboutRES 2006-14 APPROVING PRELIMINARY PLAT AND DENYING A VARIANCE AND A CONDITIONAL USE PERMIT FOR NORTHSTAR INVESTMENTS, LLC FOR PROPERTY LOCATED NORTH OF COUNTY ROAD 30 AND EAST OF CAIN ROAD J ♦ CITY OF CORCORAN RESOLUTION 2006-14 APPROVING A PRELIMINARY PLAT AND DENYING A VARIANCE AND A CONDITIONAL USE PERMIT FOR NORTHSTAR INVESTMENTS, LLC FOR PROPERTY LOCATED NORTH OF COUNTY ROAD 30 AND EAST OF CAIN ROAD WHEREAS, Northstar Investments, LLC has requested approval of a preliminary plan, conditional use permit and variance to allow creation of an 8-lot residential subdivision for the property legally described as follows: The Northwest Quarter of the Northwest Quarter, the West Half of the Southwest Quarter of the Northwest Quarter all in Section 11, Township 119, Range 23, and the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 2, township 119, Range 23, Hennepin County. WHEREAS, the Planning Commission has reviewed the requests at a duly called Public Hearing; WHEREAS, the Wastewater Commission has reviewed the variance at a duly called Public Meeting and recommends denial of the variance request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request by Northstar Investments, LLC for a preliminary plat, subject to the following conditions: 1. A preliminary plat is approved in accordance with the plans and application received by the City on May 23, 2005, and the revisions received on January 9, 2006, except as amended by this resolution. 2. The variance to allow the performance systems on Lot 8 is denied based on the following findings: a) There are no special circumstances or conditions affecting the property so that the strict application of the provisions of the chapter would deprive the applicant of reasonable use of his or hec land. The property can support 7 residential lots with standard septics. b) The granting of the variance could be detrimental to the public health, safety or welfare or injurious to other property in territory in which the property is situated. c) A particular hardship does not result from the physical surroundings, shape, or topographical conditions of the spec�c parcel of land involved, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried . Resolution 2006-14 Page 2 out. It is the applicanYs desire to have 8--rather than 7--lots that creates the hardship. d) The conditions upon which the variance is based are not unique to the parcel of land for which the variance is sought. The topography and soil of the site are typical to the area. e) The variance could impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire or endanger the public safety or substantially diminish or impair the property values within the neighbofiood. 3. The conditional use permit to allow the fill of 9,926 cubic feet of floodplain is denied based on the finding that the conditional use permits have not been met. Furthermore, denial of the required variance makes Lot 8 unbuildable at this time and the requested floodplain fill for the driveway is unnecessary. 4. The preliminary plat must be revised to remove Lot 8, based on the finding that it cannot meet City septic requirements. Lot 8 may be combined with Lot 7. 5. Three of the 10 available building rights remain on site, but it appears that no developable land will remain on site. Assignment of the 3 remaining building rights shall be determined with the final plat application. 6. The applicant must revise the mitigation plan to include compensation for the small wetland on Lot 4. While the applicant does not intend to fill this wetland, mitigation must be provided should a future homeowner decide to fill the wetland. 7. Elm Creek Watershed Management Commission must approve the wetland delineation and mitigation plan prior to final plat approval. Wetland credits must be purchased prior to release of the final plat for filing with the County. 8. The wetland buffer and shoreland buffer shall be planted with a native plant seed mix. 9. The applicant must provide at least one overstory tree per dwelling unit. A landscape and tree preservation plan must be submitted for City staff review and approval. 10.The Building Inspector must approve the soil percolation tests and septic system designs prior to issuance of a building permit. 11.The primary and secondary septic site must be staked and fenced prior to beginning any construction on site. The sites must be individually fenc�d with steel posts and snow fencing, which must be left in place until issuance of a Certificate of Occupancy. , Resolution 2006-14 Page 3 12.The applicant shall dedicate 1-2 acres of upland area on the south side of Lot 7 as requested by the Parks Commission. The final location and acreage shall be submitted for City review and approval. Park dedication credit shall be granted. 13.The applicant shall dedicate a 20-foot trail easement from Cain Road through the proposed public park to the east property line as shown on the Parks and Trails Map. Park dedication credit shall be granted. 14.The remainder of the required park dedication fees shall be cash in lieu of land and shall be due at the time of final plat, subject to the ordinance standards that are in effect at that time. 15.An on-road trail is required along Cain Road. The Parks Commission recommends that the trail be located on the east side of the road, but the final location of the trail shall be determined by the City Engineer when Cain Road is designed. The applicant will be required to construct this trail and may be required to provide a trail easement as part of the final plat. 16.The applicant must revise the plans to meet the City stormwater rate and quality control requirements. 17.The applicant shall compty with all requirements of the City Engineer's memo, dated December 22, 2005. 18.The applicant shall comply with all recommendations of Brad Schleeter's stormwater memo dated November 21, 2005. ADOPTED by the Ciiy Council this 23� day of March 2006. VOTING AYE VOTING NAY x Cossette, Tom Cossette, Tom x Grabowski, Chuck Grabowski, Chuck x Jacobs, Paul Jacobs, Paul x Lymangood, Chuck Lymangood, Chuck x Thomas, Ron Thomas, Ron � Tom Cossette, Mayor City Seal ATTEST: `� Bea Lindberg, City Clerk