2002-12-23]~LEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
AGENDA
MOUND CITY COUNCIL
MONDAY, DECEMBER 23, 2002; 7:00 PM - SPECIAL MEETING
MOUND CITY COUNCIL CHAMBERS
Open meeting
Pledge of Allegiance
PAGE
3. Approve agenda, with any amendments
4. United States Post Office lease extension
5. Discussion/Action on Resolution Approving Second 5414 - 5421
Amendment to Subdivision Agreement and Approving
Declaration of Easement (MetroPlains)
6. Temporary Occupancy Permit - 4500 Denbigh Road 5422- 5435
7. Adjourn
This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting
agendas may be viewed at City Hall or at the City of Mound web site: ww'w. cit~'o[inound, conz.
CITY OF MOUND
RESOLUTION NO. 02- XX
RESOLUTION APPROVING SECOND AMENDMENT
TO SUBDIVISION AGREEMENT AND APPROVING
DECLARATION OF EASEMENT
WHEREAS, the City of Mound and Mound Marketplace, LLC ("Marketplace") and The Village
by the Bay Development, LLC ('¥illage") have entered into a contract entitled Subdivision
Agreement Mound Visions 2® Addition Subdivision, dated January 8, 2002, and subsequently
amended by First Amendment to Subdivision dated May 14, 2002 (collectively, the
"Agreement"); and
WHEREAS, Village has requested that the Agreement be amended in certain respects; and
WHEREAS, the City Council has reviewed the proposed amendment along with the
recommendation of staff that the amendment be approved, with conditions; and
WHEREAS, the amendment, if approved, calls for the declaration of a trail easement to the City;
and
WHEREAS, the City Council has reviewed the proposed declaration easement and the
recommendation of staff that the declaration of easement should be approved.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as
follows:
Subject to paragraph 3 below, the Second Amendment to Subdivision Agreement
is hereby approved, and the Mayor and City Manager are authorized to execute
and deliver the same to Village for recording.
Subject to paragraph 3 below, the Declaration of Easement is hereby approved,
and the Mayor and City Manager are authorized to execute and deliver the same
to Village for recording.
The Second Amendment and the Declaration of Easement shall be executed or
delivered only upon the following:
i. Village has provided the City with evidence, in a form acceptable to the city
attorney, that it has complied with the insurance requirement contained in
paragraph 6 of the Declaration of Easement.
ii. Village has reimbursed the City for the fees and expensed billed by the city
attorney in connection with the negotiation, preparation and approval of the
Second Amendment and the Declaration of Easement.
Adopted by the City Council of the City of Mound, Minnesota this
day of December, 2002.
ATTEST: Bonnie Ritter, City Clerk
JBD-223954vl
MU220-3
Pat Meisel, Mayor
-5414-
SECOND AMENDMENT TO
SUBDIVISION AGREEMENT
AGREEMENT is dated this __ day of ,2002, by and
between the City of Mound, a Minnesota municipal corporation, ("City"), Mound Marketplace,
LLC, a Minnesota limited liability company, ("Marketplace") and The Village by the Bay
Development, LLC, a Minnesota limited liability company ("Village") (collectively,
"Developer").
The contract between the parties entitled Subdivision Agreement Mound Visions 2nd Addition
Subdivision, dated January 8, 2002, and subsequently amended by First Amendment to
Subdivision dated May 14, 2002 (collectively, the "Agreement"), is hereby amended by
amending section 26 thereof to read as follows:
26.
Conveyance of Land. The trails will be located substantially as shown in the
document referred to in Section 4 C (1) of this Agreement. The easement for trails, in
a form acceptable to the City, shall be delivered to the City not later than February 1,
2003. At the time of conveyance of the trail easement, the Developer shall have the
authority to convey such easement free of any liens or encumbrances and the
Developer shall provide the City with a policy of title insurance so stating. Unless
extended by agreement of the parties, the deed to Outlots B and C, shall be conveyed
to the City by May 16, 2002. All such conveyances shall be accompanied by a policy
of title insurance provided at Developer's expense, showing unencumbered
marketable title to the easements granted and the outlots conveyed
In all other respects the Agreement shall remain unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first
above written.
CITY OF MOUND
By: By:
Pat Meisel, Mayor
Kandis Hanson, City Manager
MOUND MARKETPLACE LLC.
By:
Its:
JBD-225104vl
MU220-5
- 5415-
THE VILLAGE BY THE BAY DEVELOPMENT, LLC
By:
Its:
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
., 2002, by Pat Meisel, Mayor, and Kandis Hanson, City Manager, of the City
of Mound, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing
)
) ss
)
instrument was
2002, by
acknowledged before me this day of
, , and
, a ., on behalf of the said
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing
)
) ss
)
instrurnent was
2002, by
acknowledged before me this day of
, , and
., a , on behalf of the said
Drafted by:
City of Mound
5341 Maywood Road
Mound, Minnesota 55364
Notary Public
JBD-225104vl
MU220-5
-5416-
(Above Space Reserved for Recording Data)
DECLARATION OF EASEMENT
(Public Trail)
This Declaration of Easement (the "Declaration") is made this __ day of .,
2002, by The Village By The Bay Development, LLC, a Minnesota limited liability company (the
"Declarant") and the City of Mound, a Minnesota municipal corporation (the "City").
WHEREAS, Declarant is the owner of certain real property located in the County of
Hennepin, State of Minnesota, and legally described in Exhibit A attached hereto (the "Property");
WHEREAS, the Property is to be part of The Village By The Bay, a planned residential
community; and
WHEREAS, in connection with the development of The Village By The Bay, Declarant
desires to establish, grant and convey to the City an easement for public trail purposes over portions
of the Property, as more fully described herein.
NOW, THEREFORE, in consideration of the foregoing, the covenants and agreements
contained herein, and for other valuable consideration, Declarant, for itself, and its successors and
assigns, hereby declares that the Property shall be held, transferred and used subject to and together
with the following easements, covenants and restrictions:
1. Declaration of Easements. Declarant hereby dedicates, grants and conveys to the
City, for the benefit of the public, a non-exclusive, appurtenant easement (the "Trail Easement") to
pass on foot and with certain non-motorized transportation devices over and across those portions
of the Property which are paved or otherwise surfaced, now or in the future, by Declarant for use as
a walking path or trail (the "Trail"). The Trail constructed or to be constructed on the Property runs
generally north and south along the western border of the Property with a branch running generally
east and west located north of the pond on the Property. The Trail shall be constructed in the manner
and location approved by the City. Upon completion of the construction of the Trail by Declarant,
Declarant shall supply to the City for review a legal description of that portion of the Property upon
which the Trail is located. Upon acceptance of such legal description by the City, Declarant shall
MPL5 200255-3
- 5417-
have the authority and obligation to amend this Declaration to cause such legal description to be
included as an Exhibit hereto.
2. Restrictions. The Trail shall be used exclusively for recreational purposes as a
public pedestrian trail. No motorized vehicles or devices of any type shall be used on the Trail
except for City maintenance vehicles and motorized wheelchairs and other devices of similar type
and purpose for transporting handicapped persons. All other types of powered vehicles or devices
are prohibited. The use of the Trail shall be restricted to the surfaced area which shall be
approximately eight feet in width.
3. Construction and Improvement of Trail. The Declarant shall initially (i) construct
and install the Trail and related improvements in a manner and location acceptable to the City, (ii)
maintain, repair, replace and regulate the use of the Trail. and (iii) have an easement over such
portions of the adjacent Property as is reasonably necessary for the performance of such
construction, maintenance and improvement activities. Upon completion of the Trail in accordance
with the terms hereof, the City shall accept the Trail and the related maintenance and regulation
obligations set forth herein.
4. Maintenance of Trail. Upon completion of the construction of the Trail and the
acceptance thereof by the City, the City shall have the authority and obligation to maintain, repair
and replace the improvements constructed on the Trail at its cost and expense and shall have an
easement over the Trail and such portions of the adjacent Property as shall be reasonably necessary
for the performance of such repair, replacement and maintenance activities. The City shall maintain
the Trail in a reasonably clean, attractive and usable condition, in accordance with maintenance
standards for other comparable public properties maintained by the City.
5. Regulation and Use of Trail. Upon completion of the construction of the Trail and
the acceptance thereof by the City, the City shall have authority to control, operate and administer
the Trail. The City reserves the right to adopt and amend ordinances establishing uniform
regulations as to the use of the Trail, provided that such regulations are reasonable and consistent
with this Declaration.
6. Indenmi _ty. Until such time as the Trail is completed by Declarant and accepted by
the City, Declarant shall maintain proper public liability insurance acceptable to the City and
indemnify and hold the City harmless from any claims, losses, costs, damages, liabilities or expenses
arising fi.om the construction, maintenance or use of the Trail.
7. Construction and Binding Effect. The Trail Easement shall mn with the land, and
shall be subject to existing easements for the installation and maintenance of equipment for sewer,
water, drainage, gas, electricity, telephone, cable and other utilities. This Declaration shall be
binding upon and inure to the benefit of the City and the owners and occupants of the Property, and
their personal representatives, successors and assigns, and all other persons having or acquiring an
interest in the Property.
8. Applicable Law. This Declaration shall be construed and enforced in accordance with
the laws of the State of Minnesota. If any portion of this Declaration is unenforceable under
MPLS 200255-3 2
-5418-
Minnesota law, the balance of the Declaration shall remain in full force and effect if enforcement
of the remainder of the Declaration is reasonably practicable.
9. Duration and Amendment. The Trail Easement shall be effective upon the recording
of this Declaration in the appropriate recording office of Hennepin County, shall have a term of 30
- years, and shall be automatically renewed thereafter for an infinite number of consecutive ten year
renewal periods unless terminated or modified by an amendment. This Declaration may be amended
with the approval of(i) the City, (ii) the Board as defined in the Declaration of The Village By The
Bay, upon and after the recordation of said Declaration, and (iii) the Declarant for so long as the
Declarant owns any interest in the Property. The amendment shall be reduced to writing, signed by
the approving parties and recorded in the same county recording office in which this Declaration is
recorded.
IN WITNESS WHEREOF, the parties have caused this Declaration to be executed as of
the date set forth above.
CITY OF MOUND,
A Minnesota municipal corporation
THE VILLAGE BY THE BAY
DEVELOPMENT, LLC
A Minnesota limited liability company
By:
Its:
By:
Its:
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2002, by , the of The
Village By The Bay Development, LLC, a Minnesota limited liability company, on behalf of said
entity.
\ Notary Public
MPLS 200255-3 3
-5419-
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this __
2002, by , the
of Mound, a Minnesota municipal corporation, on behalf of the City.
day of
ofthe City
THIS INSTRUMENT WAS DRAFTED BY:
David B. Eide, Esq.
FELHABER, LARSON,
FENLON & VOGT, P.A.
225 South Sixth Street, Suite 4200
Minneapolis, Minnesota 55402-4302
(612) 373-8520
Notary Public
MPLS 200255-3
-5420-
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Outlots D, E, and G, Mound Visions 2nd Addition, Hennepin County, Minnesota.
-5421 -
5341 Maywood Road
Mound, MN 55364
(952) 472-3190
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Matt Simoneau, Building Official / Sarah Smith, Comm. Dev. Director
December 18, 2002
Temporary Certificate of Occupancy
BACKGROUND
At its June 18, 2001 meeting, the City Council approved the development application from Carl
and Patricia Palmquist for a minor subdivision and variance of the property located at 4524
Denbigh Road which created a new buildable lot on the east side.
Shortly thereafter, a building permit was issued for a single-family home to be constructed on the
new lot. As part of the City's approval, the conditions from the City Engineer dated May 18,
2001 were included as part of the building permit. Specifically, a number of conditions were
included in the City Engineer's recommendation to address the retaining wall system that was to
be installed on the lakeside of the property to protect the slope.
The property owner has requested a Certificate of Occupancy for the new home. Following a
recent site visit conducted by City staff, including the City Engineer, it was noted that while the
structure is complete, the retaining walls have not yet been installed. Therefore, City staff is
recommending submittal of an escrow deposit to ensure satisfactory completion prior to issuance
of an occupancy permit.
Members of the City Council are advised that the City's standard method for escrow deposit
calculation is based upon an estimate of the remaining improvements times 125 percent. Based
upon review by City Engineer John Cameron, the estimated cost of the retaining walt system is
$15,000 therefore the standard minimum escrow should be $20,000. Following discussion with
the applicant, City staff is recommending submittal of a minimum escrow deposit of $5000.00.
Members of the City Council may wish to whether this is an adequate amount to ensure
completion of the wall system.
-5422-
RECOMMENDATION
In order to accommodate the applicant's request for an occupancy permit as well as to ensure
satisfactorily completion of the walls and remaining minor exterior issues, City staff' is
recommending approval of a Temporary Certificate of Occupancy for the structure subject to the
following conditions:
The Temporary Certificate of Occupancy shall expire on August 31, 2003 at which
time all work must be completed.
A minimum escrow deposit of $5000.00 or alternate method of performance
and/or financial surety must be submitted prior to the release of the Temporary
Certificate of Occupancy to ensure that the walls and remaining exterior issues are
satisfactorily completely.
The applicant and the City of Mound enter into a Construction Agreement for the
retaining wall system which shall include a waiver of liability and/or hold harmless
clause and shall be subject to review and approval by the City Attorney.
The applicant submits all required information and obtain a building permit for the
retaining walls, if appropriate.
An as-built survey must be submitted to include all required information as
outlined in the City of Mound Survey Handout. Specifically, all elevation and
location data for the new walls must be included.
An updated hardcover calculation sheet must be prepared to ensure that the
property is compliant with the 30 percent impervious surface coverage limitations
prior to the release of the Final Certificate of Occupancy.
If appropriate, a new building permit will be required in the event the deck is to be
constructed and shall be made subject to the City's zoning requirements.
-5423-
CITY OF MOUND
RESOLUTION NO. 02-
RESOLUTION TO APPROVE A
TEMPORARY CERTIFICATE OF OCCUPANCY
FOR THE SINGLE-FAMILY HOME LOCATED AT 4500 DENBIGH ROAD
WHEREAS, City of Mound Resolution No. 01-31 approved a minor subdivision and variance
for the property located at 4520/4500 Denbigh Road subject to conditions; and
WHEREAS, the City issued Building Permit No. 14114 on July 13, 2001 for construction of a
new single-family home at 4500 Denbigh Road subject to conditions including, but not limited
to, construction of a retaining wall system on the lake side of the property to protect the slope;
and
WHEREAS, the property owners, Carl and Patricia Palmquist, are requesting an occupancy
permit for the new house constructed at 4500 Denbigh Road; and
WHEREAS, the residential structure is complete and meets the requirements of the Uniform
Building Code for occupancy however the retaining wall improvements have not yet been
installed; and
WHEREAS, City staff is recommending issuance of a Temporary Certificate of Occupancy
subject to the following conditions:
The Temporary Certificate of Occupancy shall expire on August 31, 2003 at
which time all work must be completed.
A minimum escrow deposit of $5000.00 or alternate method of performance
and/or financial surety must be submitted prior to the release of the Temporary
Certificate of Occupancy to ensure that the walls and remaining exterior issues are
satisfactorily completely.
The applicant and the City of Mound enter into a Construction Agreement for the
retaining wall system which shall include a waiver of liability and/or hold
harmless clause and shall be subject to review and approval by the City Attorney.
The applicant submits all required information and obtain a building permit for
the retaining walls, if appropriate.
An as-built survey must be submitted to include all required information as
outlined in the City of Mound Survey Handout. Specifically, all elevation and
location data for the new walls must be included.
An updated hardcover calculation sheet must be prepared to ensure that the
property is compliant with the 30 percent impervious surface coverage limitations
prior to the release of the Final Certificate of Occupancy.
-5424-
7. If appropriate, a new building permit will be required in the event the deck is to
be constructed and shall be made subject to the City's zoning requirements.
WHEREAS, the City Council considered this request at their meeting of December 23, 2002.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound,
Minnesota, to approve issuance of a Temporary Certificate of Occupancy for the new single-
family home located at 4500 Denbigh Road subject to the aforementioned conditions.
The foregoing resolution was moved by Councilmember and seconded by
Councilmember
The following voted in the affirmative:
The following voted in the negative:
Adopted by the City Council this 23rd day of December 2003.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
-5425-
BUILDING PERMIT
CITY O M UND CITY ,MOUND
5341 Maywood Road, Mound, MN 5~364:. ,.,?p:~one:' 472-0600, Fax:'~72-O620
S.e Address 45~ DENBIGH ROAD '.
Tenant/Business Name ~D '-.
The applicant is: X owner contractor tenant
Owner Name CARL & PATRICIA PALMQUIST
Address 4520 DENBIGH ROAD
Phone (H) 472-6476 (VV~12-348-4857 (M)
Contraotor Name SELF LIC_~
Address
Phone (H) ON) (M)
Leg.~ Lot 1 & 2 mock 2 t~
Descriptio. Addition AVALON ~,
PID # PEND INS Plat '~" ./'
DESCRIPTION OF WORK SINGLE FAMILY DWELLING
CONDITIONS
ESTIMATED VALUE ............... $
ZONING DISTRICT: R1 RIA R2 R3 B1 B2 B3
RES. # & DATE
01-3251
01-3253
?
SUR~ARGE .............................................. $ 01-2222
· /
DRAI,NTILE .......... : ........................................ $ 01-3254
S.A.~. (99%) ................................................ $ , 78-2304
STREET/UNIT CHARGE 1 ~ 170.90
200,000 PERMIT ~E (BASE) ................................... $ 1,553.75
*' PLAN CI~'ECKFEE ...................................... $ 1,009.94
100.00
28.00
11138.50
DATE FILED:i';.i;~
NOTICE: Separate permits are required for electrical, plumbing, 'heating,
ventilation or air conditioning. This permit becomes null and void ifwork or
consl~ucfion authorized is not commenced within 180 days, or ff constmc-
~on ~ work is suspended or abandoned for a period of 180 days at any
time after work is commenced. All exterior work mu~t be ~ompleted
wtthln one (1) year from the date of permit Issuance, am=ording to City
COde Section 300:10, Subd. 5.
I hereby certify that I have read and examined this application and know the
same to be true and correct. All provisions of laws and city ordinances
governing this type of work will be complied with whether specified herein
or not The granting of a permit does not presume to give authority to
violate or cancel the provisions of any other state or Ioca~ law regulating
consmaction or the performance of construction.
S.~JC. (1%) ........................ ~ ......................... $ 11.
cr~, SEWER CONNECTION. .................... $ 125.00
CI~' WATER CONNECTION ...................... $ 125.00
· yATER METER ........................................... $ 115.00
~§TATIONARY ROD ......................... ............. $ 15.0 0
50 Z8-3774
78-3158
73-3155
73-3744
73-3842
OTHER .?..~.....~...~..~...~..C..~.,T,,Q~ ........ $ 500.0 0
TOTAL .......................................................... $ 5,8;9 2,5 9 xx-xxxx
White - Finance Copy Canary - Inspector's
/ /
Gold-Applicant's Receipt I 4 1 I 4
- 5426-~ Copy
MEMORANDUM
DATE: MAY 18,2001
TO: JON SUTHERLAND
FROM: John Cameron
SUBJECT: SURVEY REVIEW - 4524 DENBIGH ROAD
1. Our Engineering Report submitted for the minor subdivision under case # 01-03
should be included as part of your building permit. In particular, items 3 through
7 of our comments must be addressed.
We believe the sanitary sewer service shown on the survey is already
connected to the existing house. The utility service locations must be approved
Public Works.
Co
The proposed basement elevation still indicates a difference of less then 3 feet.
to the city sanitary sewer main in the street. This may require a lift pump in
basement of the proposed house.
d. The street unit charge of$1170.90 needs to be collected, if it has not already
been paid.
e. The City assessments records should be checked for any unpaid utility
assessments.
2. All drainage towards the lake must be kept on subject lot. You may want to
consider the use of gutters and downspouts. No grading is allowed in the fire lane
mum aii°we8 in::~is
this area ~lso.
g~gg~ is much too ste~, The
need to ~6~sifibr a retaining wall in
4. If any retaining walls exceed 4 feet in height they must have engineering data
Submitted ~0 ~e ci~ :
5. Need silt fence along both side lot l~es and along the lake side of the
the c0ns~eti0n area;
15050 23RD AVENUE NORTH
PLYMOUTH, MN 55447
JCAMERON@MFRA.COM
(763)476-6010 FAX (763) 476-8532
-5427-
CITY OF MOUND
ILARDCOVER CALCULATIONS
EXIS~G LOT AREA
EXISTING LOT AREA
EXISTING LOT AREA
HOUSE:
Porch:
DETACHED BLDGS
(GARAGE)
DRIVEWAY:
PRIVATE DRIVE:
DECK:
12052,5
12o52.5
12052.5
TOTAL HOUSE
Carl & Pa~ Palmquist
4520 Denbiegh Road (Proposed Tract 'B~), Mound, Minnesota
SQ FT x 30% =
SQ PT x 40% =
SQ FT x 15% = 1807.875
x = 2124
0 x 0 = 0
0 x 0 = 0
0 x 0 = 0
0 x 0 = 0
TOTAL DETACHED BLDGS
20 x 22 = 440
Ox 0 = 0
TOTAL DRIVEWAY
x = 0
x = 175
x = 0
DATE:
TOTAL DECK
TOTAL DECK at 50%
OTHER: Sidewalk
Patio
TOTAL OTHER
TOTAL PROPOSED HARE)COVER
UNDER (OVER)
MEETS LOT COVERAGE REQUIREMENTS
BY: Steven K. Behnke
4821
2124
44O
22.73% [
[
NO ~IES
2/26/01
175
2739 J
876.75 J
-5428-
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-5429-
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I
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/
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/
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l
CERTIFICATE
City of Mound
STATE OF MINNESOTA)
)SS
COUN']~ OF
I, the undersigned, being the duly qualified and the Clerk of the City of Mound, Minnesota,
hereby attest and certify that:
As such officer, I have the legal custody of the original record from which the
attached and forgoing extract was transcribed.
I have carefully compared said extract with said original record.
I find said extract to be a true, correct and complete transcript from the original
minutes ora meeting of the City Council of said City held of the date indicted in said
extract, including any resolution adopted at such meeting, insofar as they relate to:
CITY OF MOUND
RESOLUTION # 01-31
RESOLUTION TO APPROVE A MINOR SUBDIVISION AND VARIANCE
FOR THE PROPERTY LOCATED AT 4520 DENBIGH ROAD,
LOTS 1, 2, 3 AND THE NORTHWESTERLY ½ OF 4, BLOCK 2, AVALON
PID #19-117-23-24-0006 AND #19-117-23-24-0007
P & Z CASE # 01-03 AND #01-10
WITNESS my hand officially as such Clerk, and the seal of said City, this 18th day of June, 2001.
Acting City Clerk
-5432-
CITY OF MOUND
RESOLUTION # 01-31
RESOLUTION TO APPROVE A MINOR SUBDIVISION AND VARIANCE
FOR THE PROPERTY LOCATED AT 4520 DENBIGH ROAD,
LO~ 1, 2, 3 AND THE NORTHWESTERLY ½ OF 4, BLOCK 2, AVALON
PID #19-I17-23-24-0006 AND #19-117-23-24-0007
P & Z CASE # 01-03 AND gOl-10
WHEREAS, the applicant, Carl and Patricia Palmquist, have requested a minor
subdivision and variance to relocate a propo, rty line between two adjacent parcels located at 4520
Denbigh Road; and,
WHE~, the subject property is located within the R-lA Zoning District that requires
a 6,000 square feet lot area, 20 feet front yard setbacks, and 10 feet side yard setbacks for non lots
of record; and,
WHEREAS, Tract A has approximately 8000 square feet and Tract B has approximately
10,500 square feet of lot area above the 931 feet contour as proposed. Lot widths meet the district
minimums at 60 feet and 40 feet respectively; and,
WHEREAS, the minor subdivision would reclassify the proposed parcels to non-lots of
record, subje~ng them to all applicable zoning provisions; and,
WHEREAS, the property is defined as a bl. uffby the Shoreland Management Ordinance
which would require a va~;.an~ to allow a single family residence to be built on Tract B. building
setbacks for the newly created parcel meet zoning setback minimums for non-lots of record; and,
WHEREAS, ~ hardcover is under 30% for the existing home on Tract A and the
proposed:home o~ Tract B; and,
WHEREAS, the Planning Commission has reviewed the request and recommended
approval of the minor subdivision and variance.
NOW, THEREFORE, BE IT RESOLVED, by t.he City Council of the City of Mound,
Min~es~ as follows:
-5433-
R~olution No. 01-31
The City does hereby grant a minor subdivision of the property pursuant to Section
330:20, Subdivision 1.B with the following conditions:
a. Final grading, drainage and erosion control plan be approved by the City
Engineer at the time of building permit application.
b. Provide utility and drainage easements along all new lot lines, 5 feet wide on side
lot lines, and l0 feet in width along the fxont lot line.
¢. The new sanitary sewer and water services either be installed, or some type of
financial guarantee be provided, such as cash escrow or performance bond.
d. One street unit charge in the amount of $1,170.90 shall be paid.
e. Any deficient sanitary sewer or watermain unit charges should be collected.
f. Park dedication fee of $500 be paid at the time of building permit issuance.
The City does hereby grant a variance to allow building within a bluffbased on the
following findings:
a. The neighborhood was platted prior to the enactment of a Shoreland
Management Ordinance.
b. Grading of neighborhood for residential development altered the natural
character of the bluff.
c. Similar circumstances exist for a large percentage of the homes along the north
side of Denbigh Road that are also built on the bluff.
d~ Granting the variance would not detriment the purposes of this Ordinance.
This Minor Subdivision and Variance is granted for the following new legally
described property:
TRACT A:
LOT 3 AND THE NORTHEASTERLY HALF OF LOT 4, BLOCK 2, AVALON,
HENNEP~ CO~, MINNESOTA
TRACT B:
LOTS 1 AND 2, BLOCK 2, AVALON, HENNEPIN COUNTY, MINNESOTA
The property owner shall have the responsibility of filing this resolution and
easements with Hennepin County and paying all costs for such recording.
The foregoing resolution was moved by Councilmember Brown, seconded by
Councilmember Meyer.
The following Councilmembers voted in the affirmative: Brown, Hanus, Meisel, Meyer
The following Councilmembers voted in the negative: None.
Councilmember Anderson was absent.
Adopted by the City Council of the City of Mound this 27* day of March, 2001.
Mayor, Pat Meisel
Attest: Aet~g City Clerk
-5434-
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-5435-