HomeMy WebLinkAbout2006.10.02 RESO 2006-0056RESOLUTION 2006 - 56
APPROVING VARIANCE FINDINGS OF FACT AND PRELIMINARY PLAT
FOR JIM KELLISON, FOR "KELLISON ADDITION" FOR THE PROPERTY
LOCATED NORTHEAST QUADRANT OF 129TH STREET NORTH AND
ELMCREST AVENUE
WHEREAS, Jim Kellison has requested approval of preliminary plat and variance to
allow for the division of a 4.9 acre parcel into 3 lots on property legally described as
follows:
See Attached
WHEREAS, the Planning Commission has reviewed the preliminary plat and variance at
a duly called Public Hearing and recommends approval, and;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the
request by Jim Kellison for a preliminary plat and variance, subject to the following
conditions:
1. A preliminary plat is approved to allow the creation 3 lots on 4.9 acres, in
accordance with the plans and application received by the City on August 24th,
2006, except as amended by this resolution.
2. A variance is approved to allow for the 19 foot rear yard set back on the existing
building instead of the required 30 feet in accordance with the following findings:
a) The requested variance permissible by law.
b) The hardship is unique to the property because the property currently is
developed with an existing building and is proposed to be developed
into 3 lots. The existing building is remaining on the property and when
the lots are divided the rear property line will not have the required 30 foot
setback. If the variance is not granted the project may not be feasible.
c) The variance complies with the spirit and intent of the ordinance
d) Considering the dimensions of the existing building and the proposed lot,
if the variance is not approved, the site may not be able to develop.
e) The variance on the property will be consistent with the character of the
surrounding area.
f) The variance will not have the effect of allowing a use prohibited in the
district.
g) The variance will not permit a lower degree of flood protection than
required.
Resolution 2006-56
Page 2
h) The 129th Street Utility Project will extend sewer and water to the site and
the surround properties. The municipal sewer and water will be in
compliant with the City and State codes.
Prior to the approval of the final plat, the applicant must comply with the following
conditions:
3. City shall award a construction contract for the 129th Street Utility Project.
Approval of this Preliminary Plat shall not obligate the City to complete the
improvements.
4. The applicant shall obtain a permit from the Technical Evaluation Panel related to
the proposed impact of 399 square feet on the property located on lot one.
5. The applicant shall verify the high water level on the property around the
wetlands with the City Water Resources Engineer.
6. The development shall comply with the lowest floor elevation of the structure
being three feet from the 100 -year high water level of the adjacent wetland.
7. The final plat should identify drainage and utility easements over the proposed
public sanitary sewer and water lines and over the wetlands, as well as any
proposed ponds and storm sewer piping.
8. Applicant must comply with the conditions outlined in the engineer's memo dated
September 1, 2006.
Prior to the release of the building permit, the applicant must comply with the following
conditions:
9. Sewer and water shall be available and operable to the site as proposed as part of
the 129th Street Utility Project.
10. Elmcrest Avenue shall be paved along the westerly property frontage
ADOPTED by the City Council this 2"d day of October 2006.
F
ATTEST: i n�,4Mayor
Mary reager, City Clerk
,. Resolution 2006-56
Page 3
Parcel Legal Description:
Sect -31 Twp -031 Range -021 THAT PART OF GOVERNMENT LOT 1 - SECTION 31
TOWNSHIP 31 NORTH RANGE 21 WEST -WASHINGTON COUNTY -MINNESOTA
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF GOVERNMENT LOT 1
THENCE NORTH 89 DEGREES 36 MINUTES 34 SECONDS EAST ASSUMED
BEARING ALONG THE NORTH LINE OF GOVERNMENT LOT 1 A DISTANCE
OF 1473. 91 FEET TO THE NORTHEAST CORNER OF GOVERNMENT LOT 1
THENCE SOUTH 0 DEG- REES 40 MINUTES 04 SECONDS EAST ALONG THE
EAST LINE OF GOVERNMENT LOT 1 A DISTANCE OF 288 FEET THENCE
SOUTH 89 DEGREES 36 MINUTES 34 SEC- ONDS WEST PARALLEL WITH THE
NORTH LINE OF GOVERNMENT LOT 1 A DISTANCE OF 681.90 FEET TO THE
POINT OF BEG- INNING OF THE PARCEL TO BE DESCRIBED THENCE SOUTH
0 DEGREES 31 MINUTES 04 SECONDS EAST PARALLEL WITH THE WEST LINE
OF GOVERNMENT LOT 1 A DISTANCE OF 365 FEET MORE OR .LESS TO THE
SHORELINE OF BALD EAGLE LAKE THENCE SOUTHWESTERLY ALONG SAID
SHORELINE A DISTANCE OF 570 FEET MORE OR LESS TO THE SOUTHERLY
EXTENSION OF THE CEN TER LINE OF ELMCREST AVENUE NORTH THENCE
NORTHERLY ALONG SAID SOUTHER- LY EXTENSION AND ALONG THE
CENTERLIN OF ELMCREST AVENUE NORTH A DISTANCE OF 588 FEET MORE
OR LESS TO A LINE THAT BEARS SOUTH 89 DEGREES 36 MIN- UTES 34
SECONDS WEST FROM THE POINT OF BEGINNING THENCE NORTH 89
DEGREES 36 MINUTES 34 SECONDS EAST ALONG SAID LINE A DISTANCE OF
396.07 FEET TO THE POB-SUBJ TO PERMANENT PUBLIC DRAINAGE &
UTILITY EASEMENT - OVER & ACROSS THAT PT OF THE ABOVE DESC-
RIBED PARCEL DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE
DESCRIBED POINT OF BEGINNING THENCE SOUTH 0 DEGREES 31 DEGREES
04 MINUTES EAST PARALLEL WITH THE WEST LINE OF GOVERNMENT LOT
1 A DISTANCE OF 230. 65 FEET THENCE NORTH 90 DEGREES WEST A
DISTANCE OF 63.47 FEET THENCE NORTH 20 DEGREES 00 MINUTES WEST A
DISTANCE OF 117 FEET THENCE NORTH 0 DEGREES EAST A DISTANCE OF 80
FEET THENCE NORTH 25 DEGREES 00 MINUTES WEST A DISTANCE OF 44
FEET TO THE NORTH LINE OF THE ABOVE DESCRIBED PARCEL THENCE
NORTH 89 DEGREES 36 MINUTES 34 SECONDS EAST ALONG SAID NORTH
LINE A DISTANCE OF 120 FEET TO THE POINT OF BEGINNING SUBJECT TO
ELMCREST AVENUE NORTH AND 129TH STREET NORTH SUBJECT TO AND
TOGETHE WITH ANY OTHER VALID EASEMENTS RES- TRICTIONS AND
RESERVATIONS HUGO