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.