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HomeMy Public PortalAbout2013-83 Resolution Granting Preliminary and Final Plat Approval for Brede EstatesMember Anderson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2013-83 RESOLUTION GRANTING PRELIMINARY AND FINAL PLAT APPROVAL FOR BREDE ESTATES WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, the Estate of Caroline Brede (the "Owner") owns property located at 2929 Lakeshore Ave. and 2921 Lakeshore Ave. and also property immediately to the south (the "Property"), which is legally described in Exhibit A; and WHEREAS, the Owner has requested preliminary and final approval of a plat to combine and subdivide the property into two parcels consistent with the standards of the Urban Residential (UR) zoning district and Shoreland Overlay District of Lake Independence; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 10, 2013 and following such hearing recommended approval of the plat; and WHEREAS, the City Council reviewed the proposed plat at the October 1, 2013 meeting; and WHEREAS, the City Council has, subject to the terms and conditions contained herein, made the following findings of fact in regards to the plat based on the requirements of the Subdivision Ordinance: 1. The proposed plat is consistent with the Comprehensive Plan and is not premature as defined in Section 820.28 of the City Code. 2. The subdivision is appropriate for the physical conditions on the site including the topography, storm water, natural resources, and soils. 3. The density proposed is consistent with the City of Medina Comprehensive Plan and the lots proposed are consistent with the standards of the UR Zoning District and Shoreland Overlay District. 4. The proposed subdivision is not likely to cause substantial environmental damage. 5. The proposed subdivision is not likely to be injurious to public health. 6. The proposed subdivision and its improvements will not conflict with public or private streets, easements, or right-of-ways. Resolution No. 2013-83 October 15, 2013 NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants preliminary and final plat approval for the subdivision subject to the following terms and conditions: 1) No construction, grading, or tree removal is approved in conjunction with this plat. Such activities shall be subject to relevant requirements at the time proposed. 2) Grading/drainage improvements shall be required upon construction on Lot 2 which directs drainage from the new impervious surfaces away from the bluff and towards existing stormsewer improvements. These improvements shall also limit drainage which is directed onto Lakeshore Avenue. The Owner shall record documentation specifying this requirement as directed by City staff. 3) The Owner shall record an easement, in a form and of substance satisfactory to the City Attorney, against Lot 1 for the benefit of Lot 2 which allows for grading and drainage/stormwater improvements to be installed as required herein. 4) All comments of the City Attorney shall be addressed, and the applicant shall abide by the City Attorney's recommendations related to title issues and recording procedures. 5) The plat shall be recorded within 120 days of the date of approval or such approval shall be considered void, unless a written request for a time extension is submitted by the applicant within said 120 days and approved by the City Council for good cause. 6) The Owner shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the plat and other relevant documents. Dated: October 15, 2013. Attest: By: Scott T. Jo on City Administrator -Clerk ,4(,6U By: dl/—' (Elizabeth Weir, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Pederson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Martin, Pederson, Weir And the following voted against same: (Absent: Martinson) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2013-83 2 October 15, 2013 EXHIBIT A Legal Description of the Property (Certificate of Title No. 1344160) Those ports of Lots 5, 6 and 7, Block 27, the tract of land designated os 'BEACH' and the vacated West 10 feet of Lake Shore Avenue, all in independence Beach, Hennepin County, Minnesota, and of the unpletted port of Government Lot 2, Section 18, Township 118, Range 23, tying within the following described parcel: Commencing at the southeast corner of. sold Lot 5; thence on an assumed bearing of North 11 degrees 48 minutes 10 seconds East. along the easterly line of said Lot 5, to the intersection with the north line of the south 50.00 feet as measured at a right angle, of said Lot 5 and the point of beginning of the land to be described; thence South 78 degrees 13 minutes 50 seconds East, a distance of 10.00 feet; thence South 11 degrees 46 minutes 10 seconds West, a distance of 151.16 feet; thence South 89 degrees 05 minutes 34 seconds East, a distance of 8.92 feet; thence South 21 degrees 12 minutes 32 seconds West, a distance of 318 feet, more or less, to the shore line of Lake Independence; thence northerly, along sold shore line, to the intersection with o line 20 feet south of, as measured at a right ongle, and parallel with the westerly extension of the north line of mid Lot 6; thence South 85 degrees 40 minutes 27 seconds Eost. along said parallel fine, to the intersection with a line 20.00 feet westerly of, as measured at a right angle, and parallel with the westerly line of mid Lot 6; thence North 13 degrees 26 minutes 02 seconds Eost, parallel with said westerly line, a distance of 10.13 feet to the intersection with a line 10.00 feet south of, os measured at a right angle, and parallel with said westerly extension of the north line of Lot 6; thence South 85 degrees 40 minutes 27 seconds East, parallel with mid westerly extension, a distance of 1.86 feet to the intersection with tine A'; thence North 4 degrees 19 minutes 33 seconds East, along said 'Line A', a distance of 10.00 feet to its northerly ternwnus: thence North 85 degrees 40 minutes 27 seconds West, along mid westerly extension, a distance of 0.26 feet to the intersection with a line 20.00 feet westerly of, as measured at a right angle and parallel with the westerly fine of said Lot 5; thence North 13 degrees 26 minutes 02 seconds East, parallel with said westerly line of Lot 5, to the intersection with a line 10.00 feet northerly of. as measured at a right angle, and parallel with said westerly extension of the north fine of Lot 6; thence North 85 degrees 40 minutes 27 seconds West, along sad intersected line, a distance of 12 feet, more or less, to the shore line of Lake Independence; thence northerly, along said shore line, to the intersection with a line 35.00 feat northerly of, as measured at a right angle, and parallel with mid westerly extension of the north line of Lot 6; thence South 85 degrees 40 minutes 27 seconds East along said intersected fine, o distance of 8 feet, more or less, to the intersection with tine 8'; thence South 13 degrees 26 minutes 02 seconds West, along eeid line B. to the southerly terminus of said tine B'; thence South 88 degrees 32 minutes 17 seconds East, parallel with the westerly extension of the north line of said Lot 5, a distance of 20 feet to said westerly line of Lot 5; thence North 13 degrees 26 minutes 02 seconds East, along said westerly line of Lot 5. o distance of 15.06 feet to the intersection with acid north line of the South 50.00 feet of Lot 5; thence South 85 degrees 40 minutes 27 seconds East along said north fine of the South 50.00 feet of Lot 5, a distance of 95.99 feet to the point of beginning. tine A' Is described as follows: Commencing at the northwest corner of said Lot 6; thence westerly, on the westerly extension of the north lire of said Lot 6, a distance of 20.00 feet to the pant of beginning of tine A'; thence southerly, at a right angle to said westerly extension, a distance of 10.00 feet and said tine A' and there terminating. *Line B' is described as follows: Commencing at a point on sold westerly line of Lot 5, distort 45.00 feet north of the southwest corner of sold Lot 5: thence westerly, parallel with the westerly extension of the north line of said Lot 5, o distonce of 20.00 feet to the point of beginning of line B'; thence southerly, parallel with said westerly line of Lot 5, a distance of 10-00 feet and said 'Line B' there terminating, Resolution No. 2013-83 3 October 15, 2013