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HomeMy Public PortalAbout1981-031" AL Member Crosby introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 81-31 Resolution approving the preliminary plat of DOCKSIDE WHEREAS, John Spaeth has requested preliminary plat approval, rezoning from Commercial to Multiple Family Residential, Guidelines for Development, and numerous variances for construction of townhouses and single family dwellings on property which is bounded on the north by Lakeshore Avenue, on the east by County Road 19, on the south by the Hennepin County Park Reserve District, and on the west by Lake Independence, the said property being legally described as set forth on Exhibit B which is attached hereto and made a part hereof by reference. NOW, THEREFORE, Be It Resolved by the City Council of the City of Medina, that the preliminary plat of Dockside dated the day of , 1981, prepared by or under the supervision of Francis D. Hagen, Sr., Registered Professional Engineer, No. 6641, be, and the same is hereby approved as a preliminary plat upon the following conditions and contingencies: 1) That the developer demonstrate that the property meets the criteria for rezoning to multiple residential, obtains the approval of the City Council for rezoning, and an amendment to the zoning map; 2) That the developer meet the criteria for granting variances and obtains approval for the variances from the the City Council as set forth on Exhibit A which is attached hereto and made a part hereof by reference; 3) That the area of the site devoted to driveways, buildings, patios, parking spaces, and other hard cover of a similar nature, be limited to 25,080 sq. ft.; 4) That the number of dwelling units on the site be limited to ten; 5) That the habitable space on the site shall be limited to 16,150 sq. ft., that habitable space is defined as set forth in �409 of the Minnesota State Building Code, but including bathrooms, toilet compartments, closets, halls and similar spaces, but excluding utility, storage, mechanical and similar spaces; 6) That the developer shall encumber the property with restrictive covenants, said covenants to be approved by the City Attorney and to include, among other things, a restriction on the habitable space, as defined herein, to be per- mitted on each lot, prohibitions on the out- side storage of various items of personal pro- perty, limitations on boat storage, and dock usage, and other matters of a similar nature, provided however, that the City of Medina shall be granted the authority to enforce the said covenants; 7) That the northerly 13-1/2 feet of the site be dedicated for public street and utility purposes; 8) That a Park Dedication fee in the amount of $ , be paid to the City Clerk; 9) That the developer comply with the re- quirements of the City Engineer as set forth in his letter dated July 30, 1981, which is attached hereto and made a part hereof by reference; 10) That site and building construction plans on each lot and on the common area be approved by the City Council prior to the issuance of building permits; 11) That the developer and the City waive the restriction on rezoning as set forth in Minnesota Statutes, §462.358, Subd. 3c; 12) That development on the site proceed within the guidelines set forth in the letter of July 1, 1981, by Anne E. Theis, Chairman, Pioneer Creek Watershed Commission, which is attached hereto and made a part hereof by reference. 13) That no fence be constructed within seventy (70) feet of the intersection of the westerly right-of-way line of County Road 19 and the southerly right-of-way line of Lakeshore Avenue, and that no opaque fence be constructed within 110 feet of lake elevation 956.8 as measured along the southerly right-of- way line of Lakeshore Avenue; 14) That fifteen (15) outdoor parking spaces be provided in locations readily accessible for vehicular traffic and pedestrian use; 15) That no more than three docks be per- mitted on the lake shore, in locations as shown on the plan submitted, each having a length no greater than sixty (60) feet from the water's edge, provided that dockage be available for no more than one boat per occupied dwelling unit, which boat shall be licensed by the occupant of the dwelling unit; 16) That all construction and use of land, except as modified by variances granted, shall be in compliance with the most recently adopted zoning ordinance of the City of Medina and all other applicable ordinances, statutes, rules and regulations; 17) That the developer sign a performance agreement drafted by the City Attorney and post a per- formance bond in an amount established by the City Engineer, in which documents the Developer shall agree and guarantee to construct the project only in accordance with plans submitted and approved by the City Council; BE IT FURTHER RESOLVED, by the City Council of the City of Medina, that in the event of a failure to comply with any condition set forth herein, this preliminary plat approval and any subsequent approvals are hereby declared to be null and void. Dated: August 4 , 1981. ayor The motion for the adoption of the foregoing resolution was duly seconded by member Scherer and upon roll call the following members voted in favor thereof:Anderson, Crosby, Scherer and Lutz. and the following voted against same: Reiser Whereupon said resolution was declared duly passed and adopted. ,-• • Parcel f >hat part of lot. 5 of Section Itt, luwnuhip I IH, Range 25, deuc.ribed uu folloWu: Commencing at the point of interuec t ion of venter line of County Ruud or bialhway Number 19, au laid owl and truvele:d April 9, 1981, with the creak which conut ilute s the outlet of Half (loon luke in uuld lownuhip thence Northweuterly along uaid creek Lo itu confluence wiLh Luke Independence; thence Northweuterly ulong the :chore of Lake independence to the line between Government tutu 2 and 5; thence i :aut along ;:aid line: to the center line of uaid County Ruud Number 19, thence Southerly along the center line of uaid County Road Number 19 Lu the plaee of beginning, which lieu Northerly of the following c euvribed line: beginning ut a point on the North and Soulh quarter line of uaid Section 18 diutunt 22UU.17 feet North from the: South quarter corner of Section lei au meauurud along uaid North and South quarter line;; thence South 79 dogreeu 27 minuteu (feed (auuuminal raid North and 'south quarter line uu beearinc,; North) to the uhoreline of Lake independence and t hvr'e Lorminuting. (61400 st) • t EXHIBIT "B"