CR 01-165 Waiver of Plat - St. Therese
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September 26, 2001
HOPKINS
Council Report 01-165
WAIVER OF PLAT - ST. THERESE
ProDosed Action.
Staff recommends the following motion: Move to adopt Resolution 01-69. approving a waiver
of plat for 81. Therese.
At the Zoning and Planning meeting, Mr. Thompson moved and Mr. Bartz seconded a motion to
adopt Resolution RZO 1-16, recommending approval for a waiver of plat for St. Therese. The
motion was approved unanimously.
Overview.
St. Therese was recently approved to construct an 86-unit addition. Part of the St. Therese
property is torrens and part is abstract. For financial reasons St. Therese is dividing the lot where
the building is located and the area to the east.
There is no intention to construct on the east property since most of the property is wetlands.
Primary Issues to Consider.
. Do the new lots meet the zoning requirements?
· Do the new lots meet the subdivision requirements?
Is a park dedication fee required?
. What was the discussion at the Zoning and Planning meeting?
SUDDortin2 Documents.
Analysis of Issues
. Resolution 01-69
. Survey
Nancy . Anderson, AICP
Planner
Financial Impact: $_N/A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
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CROI-165
Page 2
Primarv Issues to Consider.
Do the new lots meet the zoning requirements?
The zoning of the property is R-4, Medium High Density Multiple Family. The proposed
lot meets the minimum lot requirements.
· Do the new lots meet the subdivision requirements?
The new lots as proposed meet the subdivision requirements.
Is a park dedication fee required?
A park dedication fee is required; however, because St. Therese has no plans to build on
this property because it is wetlands, staff would recommend that if in the future a
building is constructed on this property, then a park dedication fee would be required.
The zoning for the property is R-4. The park dedication fee is $200.00 per unit. This
would be a condition on the resolution.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the applicant's request. Mike Pagh, representing St. Therese,
appeared before the Commission. Mr. Pagh stated that because of the City requirements
and HUD financing, the torrens and abstract property has to be separated. The new lot
will be owned by St. Therese. There is no intent to build on the new lot, and the lot is
probably unbuildable because of the wetlands.
Alternatives.
I. Approve the waiver of plat for St. Therese. By approving the waiver of plat, St. Therese
will be able to divide the lot as proposed.
2. Deny the waiver of plat for St. Therese. By denying the waiver of plat, St. Therese will
not be able to divide the lot as proposed. If the City Council this 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.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 01-69
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A WAIVER OF PLAT AT ST. THERESE
WHEREAS, an application for Waiver of Plat WVRO 1-1 has been made by St. Therese;
and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Waiver of Plat WVRO 1-1 was made by St.
Therese, on August 24, 2001;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
September 25, 2001: all persons present were given an opportunity to be
heard;
3.
That the written comments and analysis of the City staff were considered;
and
4. Legal descriptions of the parcels are as follows:
Parcell That part of Lot 1, Block 2, OPUS 2 NINTH ADDITION, according to the recorded plat
thereot: Hennepin County, Minnesota, embraced within Lots 1 to 30 inclusive, Block 1,
DAVISON'S ADDITION TO WEST MINNEAPOLIS, including that part of the adjoining
vacated 12th and 13th Avenue and the adjoining vacated alley.
A portion of which is torrens property legally described as:
That part of Lot 1, Block 2, OPUS 2 NINTH ADDITION, according to the recorded plat thereof.
Hennepin County, Minnesota, embraced within Lots 21 to 30 inclusive, Block 1, DA VISION'S
ADDITION TO WEST MINNEAPOLIS, INCLUDING THAT PART OF THE ADJOINING
VACATED 13TH Avenue and of that part of adjoining vacated alley lying west of the centerline
thereof as dedicated in the plat of DAVISON'S ADDITION TO WEST MINNEAPOLIS, lying
between the extensions across it of the north line of said Lot 30 and the south line of said Lot 21,
according to the plat thereof on file or of record in the office of the Registrar of Titles in and for
Hennepin County, Minnesota, Certificate of Title No. 861524
Parcel 2
Lot 1, Block 2, OPUS 2 NINTH ADDITION, according to the recorded plat thereof, Hennepin
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RESOLUTION NO: 01-69
Page 2
County, Minnesota, except the following described parcel:
That part of Lot 1, Block 2, OPUS 2 NINTH ADDITION, according to the recorded plat thereo:f,
Hennepin County, Minnesota, embraced within Lots 1 to 30 inclusive, Block 1, DA VISION'S
ADDITION TO WEST MINNEAPOLIS, including that part of the adjoining vacated 12th and
13th Avenues and of that part of adjoining vacated alley. . .
NOW, THEREFORE, BE IT RESOLVED that application for Waiver of Plat WVRO 1-1
is hereby approved, based on the following Findings of Fact:
1. That the lots meet the requirements for a waiver of plat.
BE IT FURTHER RESOLVED that application for Waiver of Plat WVRO 1-1 is
hereby approved based on the following conditions:
1. That Hennepin County accepts the waiver.
2. That if in the future housing units are constructed on the new lot, park
dedication fees will be required.
Adopted this 2nd day of October, 2001
Eugene 1. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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