CR 95-136 Prelim Plant - 7 Webster Place
1 Y 0
G ^
m
.y ':>
July 27, 1995 o ~ Council Report 95-136
. P K \
PRELIMINARYfFINAL PLAT--7 WEBSTER PLACE
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 95-63 approving a
preliminary/final plat to divide the lot at 7 Webster Place into two lots.
Overview.
The applicants are proposing to divide the lot at 7 Webster Place into two lots. Parcel A
would be 49,846 square feet and Parcel B would be 40,005 square feet. The lots are zoned
R-1-E, which requires a minimum lot size of 40,000 square feet. Parcel B is the lot on which
the existing home is located. Parcel A would be the new lot created as a result of the division.
Access is proposed from Webster Place. The survey shows a 20-foot wide and 130-foot long
private right-of-way will be granted from Parcel B to Parcel A for access. Access to Parcel
B will remain the same. Utilities are available from Webster Place for Parcel A.
e The City Council has previously denied the subject request because it does not comply with
the existing requirements of the subdivision ordinance as recently revised. However, as a
result of legal action the City as been ordered to approve the plat.
Primary Issues to Consider.
0 What is the background on the issue?
0 What is the basis for the Staff recommendation?
0 Are there other conditions that Staff would recommend as part of the
applicants' plat?
0 Is a Park Dedication fee required?
Supportin1! Documents.
0 Analysis ofIssues.
0 Plat.
0 Resolution 95-63.
. ~@~=p
Planner
CR 95-136
Page 2
. Primary Issues to Consider.
0 What is the background on the issue?
In 1993, the owners of the property at 7 Webster Place, Susan and Greg Hayes, applied for a
variance for lot size and waiver of plat to divide 7 Webster Place into two lots. Both items
were denied by the City Council on April 6, 1993.
Following the above action, Mr. Hayes submitted two revised plats that did not require a
variance. These plats were reviewed by the Planning Commission on a concept basis on
September 28, 1993, and March 29, 1994. Mr. Hayes then submitted an application for
preliminay/final plat on April 29, 1994.
The City Council placed a moratorium on subdivisions within the City that was effective on
June 14, 1994. As a result of the moratorium, the preliminary/final plat application was tabled
by the Planning Commission. Mr. Hayes applied for a variance from the City's moratorium on
subdivisions. The variance was denied by the City Council. On October 18, 1994,
amendments to the subdivision ordinance were effective. Following this action, the City
Council denied the preliminary/final plat on November 1, 1994.
On June 13, 1994, the Hayes's filed suit in Hennepin County District Court that the City
should be prevented from subjecting their subdivision proposal to the moratorium and the new
. subdivision ordinance. Both parties agreed to a summary judgment. The summary judgment
of this action orders the City to approve the plat as submitted by the applicants on April 29,
1995.
0 What is the basis for the Staff recommendation?
The Staff is recommending approval based on a recent District Court action which requires
the City to approve Plaintiffs (Hayes's) subdivision application.
The plat would not be approved under the existing subdivision ordinance based on the lot
configuration and access.
0 Are there other conditions that the Staff would recommend as part of the
applicants' plat?
There is a fire hydrant located in the area that the applicants are proposing to use as access
into Parcel A. If the lot split were approved, and it was determined by the City Staff that this
fire hydrant would have to be moved, the applicant will have to reimburse the City the cost of
moving the hydrant.
0 Will a park dedication fee be required?
. A park dedication fee of $500.00 is required. This fee is required at the time the plat is
signed.
-. --- ------- ---- --
, I
) VJ
;\ \ Q) '.J I I'
\ \ <::t. (
. . 4J / "I
" 2: '-1/ JK
" '- Q ~ ,/.( ,--,-- /--~----------
. el'/ ____ / .U
. "> - ~--<{ /' . ~ - ~~~ ~-~- - -'; '-
'i'.I '..," .~,,~ '0 ~.
" "" ~ '.
\ / ., -- '
,/ ,f <\' ----......
,/
//------
.~
-
07& ~-.-
------._~
-
~
(
'-;. k ,\
"' //
'-.J \ ) .//
/
,
'-
,p ~
,.-
/
CJ /' .'
....., II ,.-/ /'
<c/ ~~ ,
j ./
,,/ of>
/// ~ ~{
r- '
9-
'"
.'\
( \
I
\ -
--.-1 /
--:.1' ~s:>
~/V
"
,,~-
. .,
j ./
- . . I
/
,
. CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 95-63
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A PRELIMINARYIFINAL PLAT FOR 7 WEBSTER PLACE
WHEREAS, the City of Hopkins City Code, Section 500, allows the City to subdivide
property;
WHEREAS, an application for a preliminary/final plat was made by Susan and Greg
Hayes on April 29, 1994;
WHEREAS, the plat will divide 7 Webster Place into two lots;
WHEREAS, the lots will consist of 40,005 square feet and 49,846 square feet;
WHEREAS, the District Court has ordered the City of Hopkins to approve the
preliminary/final plat at 7 Webster Place;
. WHEREAS, the final plat submitted by the applicants has been duly reviewed pursuant to
Ordinance 500 in place prior to its amendment on October 18, 1995;
NOW THEREFORE, BE IT RESOLVED that a preliminary/final plat to divide 7 Webster
Place is hereby approved.
BE IT FURTHER RESOLVED, that the preliminary/final plat to divide 7 Webster Place
is hereby approved based on the following conditions.
1. If the City determines the fire hydrant needs to be relocated for access to Parcel A, the
applicants' will have the fire hydrant relocated at the applicants' expense.
2. That the park dedication fee is paid at the time the applicants' submit the plat for city
signatures.
3. That a recorded plat is submitted to the City.
Adopted this 1st day of August, 1995.
Charles D. Redepenrung, Mayor
. ATTEST:
James A. Genellie, City Clerk
-- .