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CR 08-054 Preliminary Plat/Final Plat 302-16th Ave NorthNOPINS May 30, 2008 KCouncil Report 08-54 PRELIMINARY PLAT/FINAL PLAT — 302 -16TH AVENUE NORTH Proposed Action Staff recommends the following motion: Adopt Resolution 08-37, approving a preliminary/final plat for 302 -16th Avenue North. At the Zoning and Planning meeting Ms. Newcomb moved and Mr. Jenny seconded a motion to adopt Resolution RZ08-2, recommending approval of a preliminary/final plat for 302 - 16th Avenue North. The motion was approved unanimously. Overview The applicant, Elizabeth White, is proposing to replat her property at 302 - 16th Avenue North. The property is currently platted as two lots with an east to west division line. The problem with this site as currently platted is that there is no access to the back lot because 16th Avenue is not upgraded. The new plat as proposed will replat the lots with a north and south division line creating access to both lots from Third Street North. There is an existing home on the south lot. This home will be razed, and the applicant is proposing to construct a new home on the east lot. Primary Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? • Do the lots meet the zoning requirements? • What are the specifics of the plat? • Does the proposed plat meet the subdivision requirements? • Will a park dedication fee be required? • What was the discussion at the Zoning and Planning meeting? Supporting Documents • Analysis of Issues • Preliminary/Final Plat • Resolution 08-37 q1=JQ006=M Nancy Anderson, AICP Planner Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CR08-54 Page 2 Primary Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The zoning of the property is R -1-A. The Comprehensive Plan has designated this site as Low Density Residential. The proposed replat complies with both documents. • Do the lots meet the zoning requirements? A lot in the R -1-A zoning district is required to have a minimum size of 5,000 square feet and a minimum lot width of 50 feet. The proposed lots will be 58 and 68 feet in width respectively.' • What are the specifics of the plat? The lots will be replatted north to south with access to both lots from Third Street. • Does the proposed plat meet the subdivision requirements? The plat as proposed meets the subdivision requirements. • Will a park dedication fee be required? A park dedication fee will be required for one lot. The fee for single family homes is $1000.00 per home. • What was the discussion at the Zoning and Planning meeting? Ms. Anderson stated the only concern was that the applicant wanted to live in the home until a new home was built, but the new plat would put a lot line through the house. Staff was unable to talk to the City Attorney about putting conditions on that would assure the removal. of the house once the new house was constructed. Staff recommended approving the resolution as proposed with the understanding that staff will talk with the City Attorney before the Council meeting to resolve this issue. Ms. White was in agreement with this, and the resolution has been revised to include conditions assuring removal of the current house. No one appeared at the public hearing regarding this item. Alternatives 1. Approve the preliminary/final plat. By approving the preliminary/final plat, the applicant will be able to replat the property as proposed. 2. Deny the preliminary/final plat. By denying the preliminary/final plat, the applicant will not be able to replat the property as proposed. If the City Council considers this CR08-54 Page 3 alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 08-37 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A PRELIMINARY/FINAL PLAT FOR 302 - 16" AVENUE NORTH WHEREAS, an application for a preliminary/final plat SUBD08-1 has been applied for by Elizabeth White.; WHEREAS, the procedural history of the application is as follows: 1. That an application for preliminary/final plat was applied for by Elizabeth White on April 25, 2008; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing on the application and reviewed such application on May 27, 2008: all persons present were given an opportunity to be heard; and 3. That the written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that the application for a preliminary/final plat SUBD08-1 is hereby approved based on the following Findings of Fact: 1. That the preliminary/final plat meets the subdivision requirements. 2. That the preliminary/final plat meets the zoning requirements. BE IT FURTHER RESOLVED that application for preliminary/final plat SUBD08-1 is hereby approved subject to the following conditions: 1. That the applicant sign a development agreement to be prepared by the City Attorney which shall include the following conditions: a. That the park dedication fee is paid when the City signs the plat. b. That the existing home is razed one year from the date the plat is executed by the City. c. That the applicant posts a letter of credit with the City for 1.5 times the amount to raze the existing home if the home is not razed within the specified time and agrees the City may demolish such existing home if applicant fails to do so within one year and assess any excess costs against the lots in the plat. d. That the applicant complies with all recommendations of the City Engineer regarding the sewer, water, grading, drainage and all other utilities. e. That the applicant grant all required easement for drainage and utilities. 2. That the development agreement is recorded against the applicant's property. 3. That the applicant reimburses the City for all attorneys' fees for the writing of the development agreement. 4. That the applicant reimburses the City for all third party consultant fees if required. Adopted this 3rd day of June 2008. Eugene J. 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