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CR 95-138 Waiver Of Plan - 4 Webster Place 1 y 0 ,r o '" Council Report 95-138 . July 27, 1995 P K \ WAIVER OF PLAT--4 WEBSTER PLACE Proposed Action. Staff recommends the following motion: Move to approve Resolution 95-65 approving a waiver of plat to add a portion of the property at 6 Webster Place to 4 Webster Place. At the Zoning and Planning meeting Mr. Gleeson moved and Mr. Blair seconded a motion to approve Resolution RZ95-20, recommending approval of a waiver of plat. Overview. The applicant, Donna Edelstein, is proposing to divide a small triangular piece of property from 6 Webster Place and add this property to 4 Webster Place. The small triangular piece of property is 952 square feet. The applicant presently maintains the subject property and it appears to be part of 4 Webster Place, not 6 Webster Place. The owner of 6 Webster Place has agreed to the waiver of plat. Both the new lots exceed the e minimum lot size of 40,000 square feet for an R-1-E zoning district. Primary Issues to Consider. 0 What are the properties zoned? 0 Do the lots meet the requirements for a waiver of plat? 0 Does the waiver of plat require a park dedication fee? 0 What occurred at the Zoning and Planning meeting? SuPportiDl! Documents. 0 Analysis of Issues. 0 Survey. 0 Resolution 95-65. ClJ1rc~~ \1rrr1p A.Ilim Nancy Anderson, AICP Planner . CR95-138 Page 2 . Primary Issues to Consider. 0 What are the properties zoned? The subject properties are zoned R-I-E, Single Family Low Density. A minimum lot size of 40,000 square feet is required. Parcel A wi11 have 91,060 square feet, and Parcel 2 will have 66,767 square feet. 0 Do the lots meet the requirements for a waiver of plat? The fonowing are the requirements for a waiver of plat. a) the lot(s) involved in the proposed division are platted. b) the division requested is a substantially single line. c) that the division will not create more than one additional lot. d) that the division will not require the dedication of a public right of way or extension of utilities in a public right-of-way. e) that the new lots created conform to all standards of the appropriate district. The new lots created by the waiver of plat meet the requirements for a waiver of plat. 0 Does the waiver of plat require a park dedication fee? e A park dedication fee is not required if no additional lots are created. In this case no additional lots are created. 0 What occurred at the Zoning and Planning meeting? The Staff reviewed the applicants request. It was noted that the subject property appears to be a part of 4 Webster Place not 6 Webster Place. There was no one in the audience that objected to the proposed waiver. Alternatives. 1. Approve the waiver of plat. By approving the waiver of plat, the waiver of plat will be approved. 2. Deny the waiver of plat. By recommending denial of the waiver of plat, the lots will remain as is. If the City Council considers 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. e "oj ;:) I 4 i - I "3 I \ I t 13) 'I I I , i 2. (7) (I \ ) I t (12. ) : \ \4 t \3) , 8 '\ 9 10 I t \6) ( :)-Li - II (17 ) ".. 12 f~MAJTO~A 1'2 1'3 \ . I 6 (14 ) -.j (16) 1 ROAD <; 4 V)ro 8___ _ 7 (15) \ /1 9 (ZO) 7 5 -- ~- - - 4 3 -- 5 - \0 (e) (', (7) {G: (8) -- \ \ // (':I) \ ( II ) (5) (9) (10 ) \/ 2. \3 14 5 \ II 12- (Z) ( \ ) I \ \C\i l \ 11100 10720 10706 /0700 COUNTY ROAD (MINNETONKA BLVD.) '115 10705 ( \0) (34) I 2 . 1 (35) t 14) (15 ) 4 '3 . '\. '\. '\ (32) '\. (331 '\. (22.) (21) \ 1'2. 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CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 95-65 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICATION FOR A WAIVER OF PLAT AT FOUR 4 WEBSTER PLACE WHEREAS, an application for Waiver of Plat WVR95-1 made by Donna Edelstein to add a portion of 6 Webster Place to 4 Webster Place is approved. WHEREAS, the procedural history of the application is as follows. 1. That an application for Waiver of Plat WVR95-1 was filed with the City of Hopkins on June 29, 1995. 2. That the Hopkins Planning Commission, pursuant to mailed notices, held a meeting on the application and reviewed such application on July 25, 1995. . 3. That the written comments and analysis of City Staff and the Planning Commission were considered. 4. Legal descriptions of the new properties are as follows. Parcel 1: That part of Lot 4, Block 7, "Bellgrove," according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota, which lies southerly of a line described as follows: Beginning at a point on the east line of said Lot 4 distant 140.00 feet southerly from the northeast corner of said Lot 4; thence westerly, to a point on the west line of said Lot 4 distant 140 feet southerly from the northwest corner of said Lot 4 and said line there terminating. Lot 3, except that part lying Northerly and Easterly of the following described line and its extensions: Beginning at a point in the Southerly line of said Lot 3, distant 120.05 feet Westerly, measured along said Southerly line from the Southeast corner of said Lot 3; thence North at a right angle to said Southerly line, 18 feet; thence Northwesterly deflecting to the left 31 degrees 00 minutes a distance of 67 feet; thence Northwesterly a distance of 114.9 feet to a point on the West line of said Lot 3 distant 147.3 feet Northerly, as measured along said West line from the Southwest corner of said Lot 3 and . there terminating, Block 7, "Bellgrove," according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County. Also except that part which lies southeasterly of a line described as follows: RESOLUTION NO. 95-65 Page 2 . Commencing at a point in the southerly line of said Lot 3, distant 120.05 feet westerly, measured along said southerly line, from the southeast corner of said Lot 3; thence north at a right angle to said southerly line, 18.00 feet; thence northwesterly, defecting to the left 31 degrees 00 minutes, a distance of 36.00 feet to the point of beginning of the line to be described; thence southwesterly, defecting left 133 degrees 02 minutes 39 seconds, a distance of60.00 feet and side line there terminating. Parcel 2: Lot 3, Block 7, "Bellgrove" except that part lying Southerly and Westerly of the following described line hereinafter described as "Line A," and its extensions: Beginning at a point in the Southerly line of said Lot 3, distant 120.05 feet Westerly measured along side Southerly line, from the Southeast corner of said Lot 3; thence North at a right angle to said Southerly line, 18 feet to a point hereinafter described as "Point 1, II thence Northwesterly deflecting to the left 31 degrees 00 minutes a distance of 67 feet; thence Northwesterly a distance of 114.9 feet to a point on the West line of said Lot 3 distant 147.3 feet Northerly as measured along said West line, from the Southwest corner of said Lot 3 and there terminating. Also that part of said Lot 3 lying westerly and southwesterly of the above describe "Line A" and lying southeasterly of a line described as follows: Beginning at the above described "Point 1 "; thence northwesterly along said "Line - A" a distance of 36.00 feet to the point of beginning of the line to be described; thence southwesterly, defecting left 133 degrees 02 minutes 39 seconds a distance of 60.00 feet and side line there terminating. NOW THEREFORE, BE IT RESOLVED that the application for Waiver of Plat WVR95-1 is hereby approved based on the following Findings of Fact. 1. That the waiver of plat meets the requirements for a waiver of plat. 2. That the new lots created meet the minimum requirements for the R-I-E district. BE IT FURTHER RESOLVED, that application for Waiver of Plat WVR95-1 is hereby approved based on the following conditions. 1. That the waiver of plat is recorded with the Hennepin County Recorder. Adopted this 1 st day of August 1995. Charles D. Redepenning, Mayor ATTEST: e James A. Genellie, City Clerk