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HomeMy WebLinkAboutResolution 2005-71 - Approving Lot Division-Variance - 10725 Bechtold RD`f CITY OF CORCORAN RESOLUTION 2005 -71 Motion By: Grabowski Seconded By: Jacobs APPROVING A LOT DIVISION AND VARIANCE FOR PROPERTY LOCATED AT 10725 BECHTOLD ROAD (PIN 05- 119- 23 -11- 0003). WHEREAS, Christopher Hudok has requested approval of a lot division and variance for the property legally described as follows: That part of the Northeast Quarter of the Northeast Quarter of Section 5, Township 119, Range 23, West of the 5th principal meridian, lying south of the north 671.09 feet as measured along the east and west lines thereof. WHEREAS, the proposed legal descriptions are attached as Appendix A: WHEREAS, the City Council deemed the subject property eligible for Agriculture Preserve on February 10, 2005 and subsequently granted the property an additional building right to allow subdivision; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the lot division requested by Christopher Hudok, subject to the following findings and conditions: 1. The lot division is approved in accordance with the plans received on May 24, 2005, and revisions received August 8, 2005, except as amended by this resolution. 2. The requested variance is approved to allow 2.29 contiguous buildable acres on Parcel A and 1.09 contiguous buildable acres on Parcel B where 3 contiguous buildable acres is required, based on the following findings: a) That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. 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 are not applicable, generally, to other property within the same zoning classification. Resolution 2005 -71 Page 2 c) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. The new lots can support the proposed homes and the primary/secondary septic systems in compliance with setback requirements. d) That the proposed variation will not 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 property values within the neighborhood. 3. The applicant must file the lot division and approving resolution at Hennepin County prior to issuance of building permits. 4. The applicant shall file the driveway easement documents with the lot division at Hennepin County. 5. The applicant shall revise the "Flood Easement" documents to read either "Drainage Easement" or "Floodplain Easement ". These revised easement documents shall be submitted for review and approval by the City Attorney prior to filing the easement document with the lot division at Hennepin County. 6. The existing septic system must be in compliance with City standards and must be inspected by the building inspector prior to issuance of building permits. 7. The Building Inspector must approve the soil percolation tests and septic system designs prior to issuance of building permits. A primary and secondary septic site must be staked and fenced prior to beginning any construction on site. 8. The septic sites must be individually fenced with steel posts and snow fencing, which must be left in place until issuance of a Certificate of Occupancy. 9. The applicant must submit an application for permit for work in the floodplain. The City will review the plans for compliance with Flood Plain Overlay District and ECWD requirements prior to issuing a Certificate of Compliance letter. 10.A Certificate of Compliance letter must be issued for work in the floodplain prior to issuance of building permits. 11. Prior to issuance of Certificate of Occupancy, the applicant must submit a certification by a registered professional engineer, registered architect or Resolution 2005 -71 Page 3 registered land surveyor that the finished fill and building elevations were accomplished in compliance with Section 1050.030 (Flood Plain Overlay District) of the Zoning Ordinance. 12. The applicant has indicated that there are no known draintiles on site. 13. The existing buildings on parcel A are existing, legal, non - conforming structures. The buildings are permitted to remain in compliance with Section 1030.010, Subd.3 (non- conforming buildings and structures). 14. Park dedication for the site shall be cash -in -lieu of land. Park dedication for the one new lot shall be paid prior to release of the lot division for filing. 15.The proposed lot division would use all building rights on this parcel. There are no building rights remaining on this site. ADOPTED by the City Council this 22nd day of September 2005. VOTING AYE XX Cossette, Tom XX Grabowski, Chuck XX Jacobs, Paul Lymangood, Chuck Thomas, Ron ATTEST: 4,,„D Bea Lindberg, Cit &lerk VOTING NAY Cossette, Tom Grabowski, Chuck Jacobs, Paul XX Lymangood, Chuck XX Thomas, Ron Tom Cossette, Mayor City Seal Resolution 2005 -71 Page 4 APPENDIX A Proposed Legal Descriptions Parcel A That part of the Northeast Quarter of the Northeast Quarter of Section 5, Township 119, Range 23, Hennepin County, Minnesota, Tying southerly of the North 671.09 feet and Northerly of the following described line: Commencing at the southwest corner of the Northeast Quarter of said Northeast Quarter; thence on an assumed bearing of North 01 degrees 39 minutes 48 seconds east, along the west line of the Northeast Quarter of said Northeast Quarter, a distance of 333.95 feet to the point of beginning; thence North 89n degrees 44 minutes 50 seconds east, a distance of 1330.91 feet to the East line of the Northeast Quarter of said Northeast Quarter and there terminating. Parcel B That part of the Northeast Quarter of the Northeast Quarter of Section 5, Township 119, Range 23, Hennepin County, Minnesota, Tying southerly of the following described line: Commencing at the southwest corner of the Northeast Quarter of said Northeast Quarter; thence on an assumed bearing of North 01 degrees 39 minutes 48 seconds east, along the west line of the Northeast Quarter of said Northeast Quarter, a distance of 333.95 feet to the point of beginning; thence North 89 degrees 44 minutes 50 seconds east, a distance of 1330.91 feet to the East line of the Northeast Quarter of said Northeast Quarter and there terminating.