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HomeMy WebLinkAboutResolution No. 2013-039 Preliminary Plat With Lot Depth Variances, Frank Sidel, Property Located Between Little Street And Morningside Road A. 0 RESOLUTION NO. 2013-39 APPROVING A PRELIMINARY PLAT WITH LOT DEPTH VARIANCES AT 4212 MORNINGSIDE ROAD 4232 LITTLE STREET BE IT RESOLVED by the City Council of the City of Edina,Minnesota,as follows: Section 1. BACKGROUND. 1.01 Mr. Frank Sidell is requesting a Preliminary Plat for an eight lot subdivision with three lot depth variances. 1.02 The owner of the described land desires to subdivide said tract in to the following described new and separate parcels (herein called"parcels") described as follows: Lots 1-8,Block 1,Acres Dubois Edina, Minnesota 1.03 The proposed subdivision requires the following variances: 1. Lot depth variances from 161 feet to 130 feet for Lot 4;to 140 feet for Lot 6 and to 135 feet for Lot 7. 1.04 On March 28, 2013, the Planning Commission recommended approval of the Preliminary Plat and Variances on a Vote of 7-0. Section 2. FINDINGS 2.01 Approval is based on the following findings: 1. The applicant has submitted a subdivision of the property that would meet all minimum zoning district requirements with eight lots and new through street that would connect Morningside Road and Littel Street. 2. Rather than develop the site per all minimum Zoning Ordinance requirements,the applicant has submitted a proposed subdivision of the property with a cul-de-sac,which requires lot depth variances for Lots 4,6 and 7. 3. The proposed subdivision with the three lot depth variances would preserve the steep slopes on the site,and preserves 50 mature trees by placing them in a conservation easement. CITY OF EDINA 4801 West 50th Street•Edina,Minnesota 55424 wwwEdinaMN.gov•952-927-8861 9 Fax 952-826-0390 RESOLUTION NO. 2013-39 Page Two 4. The proposed subdivision'still has eight lots. 5. Except for the variances,the proposal meets the required standards and ordinance for a subdivision. 6. The proposal meets the required standards for a variance,because: a. There is a practical difficulty to the property caused by the existing steep slopes and mature trees on the property. b. The requested variances are reasonable in the context of the immediate neighborhood.The existing lots larger in size than the median,and there are 26 lots within 500 feet of the property that do not have lot depths greater than 130 feet, which is the shallowest of the three lots that require lot depth variances. c. The variance request is reasonable,as subdivision still contains eight lots,which would be allowed with the Code compliant subdivision;however,it protects steep slopes and 50 mature trees. d. If the variances were denied,the applicant could still subdivide the property into eight lots,however the steep slopes would be disturbed an additional 42 mature trees would be removed. Section 3. APPROVAL NOW THEREFORE,it is hereby resolved by the City Council of the City of Edina,approves the Preliminary Plat and requested Variances for the proposed subdivision. Approval is subject to the following Conditions: 1. The City must approve the final plat within one year of preliminary approval or receive a written application for a time extension or the preliminary approval will be void. 2. Prior to release of the final plat,the following items must be submitted: a. Submit evidence of Minnehaha Creek Watershed District approval. The City may require revisions to the preliminary plat to meet the district's requirements. b. Enter into a Developers Agreement with the City.The Developers Agreement shall include the requirement for construction of the sidewalk as proposed. c. Pay the park dedication fee of$10,000 RESOLUTION NO. 2013-39 Page Two d. Individual homes must comply with the overall grading plan for the site. Each individual building permit will be reviewed for compliance with the overall grading plan subject to review and-approval of the city engineer. e. Compliance with the conditions outlined in the director of engineering's memo dated March 22,2013. f. A construction management plan will be required for the overall development of the site,and for each individual home construction. g. Utility hook-ups are subject to review of the city engineer. h. Establishment of a tree and slope conservation easement as demonstrated on the grading and tree preservation plan. i. Outlot A shall be deeded to the adjacent parcel at 4408 Morningside Road. j. The applicant must rebuild the driveway at 4408 Morningside Road to access off the new street,and eliminate the curb cut on Morningside Road. The configuration shall be subject to approval of the director of engineering. k. A stop sign is required to be installed on the new street approaching Morningside Road. Clear sight lines shall be maintained from the intersection. 1. Use of Lot 7 for the overall grading of the development will require compensation to the City of Edina. A restoration plan shall be submitted by the applicant subject to review and approval by the City Council. m. The new road shall be built to the City standards,including a 27-foot width. n. Signage stating"No Parking Fire Lane' along one side of the roadway the entire length of the road. o. Installation of fire hydrant(s)near end of cul-de-sac,&possibly at intersection of Morningside. Fire hydrant location is subject to review and approval of the fire marshal. p. Submittal of a landscape plan showing trees in the ight-of-way. Adopted this I��day of, 2013. ATTEST: JAA Debra A. Mangen,City tler James B. Hovland, Mayor RESOLUTION NO. 2013-39 Page Two STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of 2013, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of ,2013. City Clerk