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RESOLUTION 2002-62 <br />APPROVING FINDINGS OF FACT DENYING THE FINAL PLAT AND <br />VARIANCE FOR JIM LEMOINE FOR PROPERTY LOCATED NORTH OF <br />CSAH 8 AND EAST HOMESTEAD AVENUE <br />WHEREAS, Jim LeMoine has requested approval of a final plat and variance to plat <br />Outlot A, Evergreen Hills 2nd Addition on property legally described as follows: <br />Outlot A, Evergreen Hills 2"d Addition <br />WHEREAS, the Planning Commission has reviewed the final plat and variance at a duly <br />called Public Hearing and recommends denial, and; <br />NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF <br />THE CITY OF HUGO, MINNESOTA, that it should and hereby does deny the final plat <br />and variance, based on the finding contained in the staff report dated October 28, 2002, <br />including the following: <br />1. The request to final plat Outlot A, Evergreen Hills 2"d Addition is inconsistent <br />with the approved preliminary plat. <br />2. Outlot A was platted to provide open space within the plat of Evergreen Hills 2"4 <br />Addition. At the time of plat approval, the City required a scenic easement over <br />the lot in exchange for park dedication fees. <br />3. The applicant has not submitted any new information indicating that the request <br />complies with the intent of the original approval for Evergreen Hills 2"d Addition. <br />4. The applicant signed a "Non -development agreement' in 1992 stating that the <br />property is not a developable lot of record. This agreement specifically states <br />that the property is not buildable due to geographic, geological, and hydrological <br />conditions. Based on this agreement, the City did not assess Mr. LaMoine for <br />road improvements made to Homestead Avenue. <br />ADOPTED by the City Council this 4th day of November 2002. <br />ATTEST: <br />&,tz"4-,u <br />&A=44/L <br />Mary Creager, City Cler <br />