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CR 93-48 Waiver Of Plat - 7 Webster Place '\' ( '\ ,- I \ "( Y < .0 v "" lit :CO: March 22, 1993 o p ~ Council Report 93-48 K \ ~ WAIVER OF PLAT - 7 WEBSTER PLACE ProDosed Action. Staff recommends the following motion: Move to approve Resolution 93-27 denyinq a waiver of plat to divide the lot at 7 Webster Place. Mr. Winship moved and Mr. Gullickson seconded amotion to approve Resolution RZ93-8 denying a waiver of plat to divide 7 Webster Place. Overview. i. The applicant currently owns 7 Webster Place. This lot is 89,851 square feet. The applicant is proposing to divide this lot into two parcels. The proposed lot where the home is currently located would be 31,351 square feet and the new, vacant lot would be 58,500 square feet. The subject lot is located in an R~l-E district. The R-1-E . district requires a minimum lot size of 40,000 square feet. The applicant has applied for a variance to allow a smaller lot consisting of 31,351 square feet. This action would need to be approved prior to .the granting of the waiver of plat. Staff has recommended denying the variance. There was little discussion on this item at the Planning Commission meeting because the variance was denied. Primary Issues to Consider. 0 Has the subject property been divided previously? . 0 What are the specifics of the proposal? 0 Does the applicant have any alternatives if the variance is denied? SUPDortingDocuments. 0 Analysis of Issues 0 Survey 0 Resolution 93-27 ." II , .. ~ .~-- ~'-'-' -~ . ,~. -'-" >-" __________n _____.__ ~ i CR93-48 Page 2 ....-... -- primary Issues to consider. o Has the subject property been divided previously? Originally 7 Webster Place was. a large lot consisting of approximately 153,000 square feet . Approximately 10 years ago a waiver of plat was granted to split approximately 63,000 square feet into a new lot on which a house was constructed. Access to this lot is from Loring Road. The applicant was not the owner of the property at this time. o What are the specifics of the proposal? The applicant now owns 89,851 square feet of the remaining lot. and is proposing to divide the lot into two parcels. The proposed new parcels will be 58,500 and 31,351 square feet. The applicant is proposing to construct a new house on the vacant lot. Access to the lot will be from an easement on the north side of 7 Webster Place. The new lot does have frontage on Loring Road. However, the only way the applicant-can get access from Loring Road is to construct a bridge across the wetlands. Fill is not . permitted in the wetlands. . The applicant has applied for a variance to allow a 31,351 square foot lot. The staff has recommended denying the variance. o Does the applicant have any. alternatives if the variance is denied? The applicant can divide the lot in such a way as to have 40,000 square feet for both lots. However, access will still be a problem, as noted above. Alternatives. 1. By approving the waiver of plat, the City Council will allow the applicant to divide his lot. 2. By. denying the. waiver of plat, the City Council will not allow the applicant to divide his lot. 3. continue for further information. If the city Council indicates that further information is needed the item should be continued. - -- \:bJ \<::1 } \ I U J L~tion Map 22 W \ 20E. \ /8 /6 . (6 ) EAST ST. 13 , Zb t /7 /s - ~/ '2IW. /9E, ! /; ,/ (9) I 7 (10) (8) I (15 ) I ~ 6 5 (14) ~ ----- ( \ 4 ----- .--/ : 3 - , I (7) ( 17) \ 14 (II) (12) ( 13) \ 8 9 10 (16) _':T 8 /2 I 1\ (I7 ) MAN/TOBA I 12 I (; (16 ) 7 (15) /1 ROAD 8 . 9 (20) - L6 5 ---9 (7) 10 (8) (e) - - \ (~) \ (lO) , (5) (9) 2. 12. 13 t B) I L1l 5 (2.) ( I ) 6 . I 10.720 /0706 11 tOO ROAD (MINNETONl<A BLVD.) COUNTY \ ] - ! / / /5 \ (10) 5 1 (34) (15) \ 1 \ (13 ) (14) :3 4 (II) 2. 5A (16) 2 plJ. / 3' .. <C : /8 a... .. (22.) (2.1 ) \ (:3'3 ) /9 '\ 13 12. :3 (3~) '\(31) 14 \ \ 4 8 (2. 6) (2.9) 8 (20) (32) (! I ) (30) (19) .-/ II .-/ 9 10 I , .-/ .- S 10 8 '27) /4 12 ~ ROAD (I) ;-, - I L - - - --- , "'l,~i:j ,H ..;..t:;i'Ij:f ~.f. ..>' :~:.;t :! /:~. ; ;:~';,r ;~rl; ,:,L..t; ~l; ,. ;\; .) / \ \~ . . /Y l\( \ \\ .J/ /~ .~ ') 1\ .<.. {( (V) ~ ~ -- ~ \ It) ~/ =___ ~ ~-~ ""~-('r!?... . . -)-.. '"' .-y- '" O~6 OO'OSI ,0 / ~ ", ---I I "" ~r -or. t () """-I 'I 'v ~ / I / CJ /"" ..........r -II /"" -y .I /'t ,( : . . ,.... \ ..' ~ U \/' -, .". .' -4' ~~-~----.---- -- -. - - - - ---~ -~- .r\ '. . ....... CITY .OF HOPKINS ,......, Hennepin County, Minnesota ~ RESOLUTION NO: 93-27 RESOLUTION MAKING FINDINGS OF FACT AND DENYING AN APPLICATION FOR A WAIVER OF PLAT WHEREAS., an application for a waiver of plat entitled WVR 93-1 'made by Gregory and Susan Hayes is for denied. WHEREAS, the procedural history of the application is as follows: 1. That an application for a waiver of plat entitled WVR 93-1 was filed with the city of Hopkins on February 15, 1993. 2. That the Hopkins Planning Commission, pursuant to mailed notice, held a meeting on March 30, 1993 and reviewed such application. 3. That the .written comments and analysis of the City Staff and the Planning Commission were considered. . '. NOW THEREFORE, BE IT RESOLVED by the Planning Commission for the City of Hopkins that based on the above findings, the application for WVR 93-1 is denied based on the following reasons: 1. That the applicant property does not meet the minimum lot requirem~nts for the R-1-E Zoning District. 2. That the\lot meets the literal interpretation of the minimum 20 foot frontage requirement but it does not meet the practical intent of the frontage requirement. Adopted this 6th d~y of April, 1993. Nelson W. Berg, Mayor ATTEST: James A. Genellie, City Clerk .