HomeMy Public PortalAbout2021-26 Resolution Granting Final Approval For The Ditterswind PlatMember Martin introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2021-26
RESOLUTION GRANTING FINAL APPROVAL
FOR THE DITTERSWIND PLAT
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, James and Pamela Ditter, Thomas and Mimi Ditter, and Ditter Properties
(collectively the "Owners") own four parcels of land located from 2032-2052 Holy Name Drive
(the "Property") which is legally described in Exhibit A, attached hereto; and
WHEREAS, on September 15, 2020, the City Council adopted Resolution 2020-53,
granting preliminary plat approval for Ditterswind, a subdivision of the Property into five lots,
subject to a series of terms and conditions; and
WHEREAS, the Owners have requested final plat approval for Ditterswind; and
WHEREAS, the Owners have also requested a Comprehensive Plan Amendment and
rezoning of Lots 1 and 4, Block 1 to the Suburban Residential zoning district; and
WHEREAS, the City Council reviewed the request at the April 20, 2021 meeting,
reviewed the information provided by the Owners and City staff, and heard testimony from
interested parties; and
WHEREAS, the City Council finds that, subject to the terms and conditions contained
herein, the final plat is substantially consistent with the approved preliminary plat and the
requirements of the City's subdivision regulations.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants final approval of the Ditterswind plat, subject to the following terms and
conditions:
1) The Owners shall construct the private road and stormwater improvements as shown on the
plans dated April 3, 2021, except as modified by the conditions herein.
2) The Owners shall enter into a development agreement with the City, which shall include the
conditions described below as well as other requirements by City ordinance or policy.
3) The Owners shall submit a letter of credit for 150% of the estimated cost of improvements
and demolition of the home and outbuildings to ensure completion of the work.
4) The Owners shall execute and record a private road easement/agreement and shared
driveway easement/agreement in a form and of substance acceptable to the City Attorney
related to access to and maintenance of the private road and shared driveway.
Resolution No. 2021-26
April 20, 2021
5) The Owners shall execute and record a Stormwater Maintenance Agreement in a form and
of substance acceptable to the City Attorney to describe the responsibility of the property
owners to maintain the stormwater improvements.
6) The Owners shall meet the requirements of the wetland protection ordinance, including
provision of easements, planting of vegetation and installation of signage.
7) The Owners shall enter into an agreement in a form and of substance acceptable to the City
Attorney to ensure demolition of one of the homes on proposed Lot 1 and of demolition or
moving of the three outbuildings located upon property lines or which do not meet setback
requirements.
8) The Owners shall pay a park dedication fee of $8,000 at the time the plat is executed by the
City.
9) The Owners acknowledge that lots within the subdivision are subject to the regulations of
the Shoreland Overlay district, including 25% hardcover limitations.
10) The plat shall be updated to provide drainage easements over the drainageway through Lot 5
and the easement locations shall be corrected as recommended by the City Engineer.
11) Final construction plans shall be subject to review and approval by the City and shall
address the comments of the City Engineer.
12) The Owners shall meet the requirements of the plat opinion prepared by the City Attorney.
13) No replacement shall be required for trees removed which were planted by the Ditter family.
It is acknowledged that the trees on proposed Lots 3, 4, and 5 were planted by the Ditter
family, except for those along the southern and eastern boundary of Lot 5.
14) The Owners shall obtain required approvals from Minnehaha Creek Watershed and any
other relevant agencies.
15) The plat shall be recorded with the Hennepin County Registrar of Titles within 180 days of
the date of this resolution or the approval shall be considered void, unless a written request
for time extension is submitted by the applicant and approved by the City Council.
16) The Owners shall pay to the City a fee in an amount sufficient to reimburse the City for the
cost of reviewing the plat, construction plans, and other relevant documents.
Dated: April 20, 2021.
By: `
Kathleen Martin, Mayor
Attest:
By:
Jodi M. Gallup, City Cler
The motion for the adoption of the foregoing resolution was duly seconded by member
Cavanaugh and upon vote being taken thereon, the following voted in favor thereof:
Albers, Cavanaugh, DesLauriers, Martin, Reid
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2021-26 2
April 20, 2021
EXHIBIT A
Legal Description of the Property
PARCEL 1
That part of the Eost half of the Northeast Quarter of Section 24. Township 118 North, Range 23
West of the 5th Principal Meridian. described as follows: Commencing at the Northeast corner of said
East half of the Northeast Quarter; thence on an assumed bearing of South 0 degrees 00 minutes
26 seconds West along the East line of said East half of the Northeast Quarter a distance of 636.25
feet to the point of beginning of the property being described; thence South 46 degrees 09 minutes
59 seconds West a distance of 456.22 feet; thence South 36 degrees 09 minutes 34 seconds West
a distance of 679.91 feet; thence South 89 degrees 59 minutes 34 seconds East to its intersection
with said East line; thence northerly along said Eost line to the point of beginning.
PARCEL 2
That port of the East half of the Northeast Quarter of Section 24. Township 118 North, Range 23
West of the 5th Principal Meridian, described as follows: Commencing at the Northeast corner of said
East half of the Northeast Quarter; thence on an assumed bearing of South 0 degrees 00 minutes
26 seconds West along the East line of said Eost half of the Northeast Quarter a -distance of 636.25
feet; thence South 46 degrees 09 minutes 59 seconds West a distance of 456.22 feet; thence South
36 degrees 09 minutes 34 seconds West a distance of 679.91 feet to the point of beginning of the
property being described; thence South 36 degrees 09 minutes 34 seconds West a distance of 211.46
feet; thence South 54 degrees 30 minutes East a distance of 488.73 feet; thence Southeasterly to a
point on said East line distance 431.20 feet northerly, as measured along said East line, from the south-
east corner of said East half of the Northeast Quarter; thence northerly along said East line to its
intersection with a line drawn on a beoring of South 89 degrees 59 minutes 34 seconds East from the
point of beginning; thence North 89 degrees 59 minutes 34 seconds West to the point of beginning.
PARCEL 3
That port of the East half of the Northeast Quarter of Section 24, Township 118 North, Range 23
West of the 5th Principal Meridian. described as follows: Commencing at the Northeast corner of said
East half of the Northeast Quarter; thence on an assumed bearing of South 0 degrees 00 minutes
26 seconds West along the East line of said East half of the Northeast Quarter a distance of 636.25
feet; thence South 46 degrees 09 minutes 59 seconds West o distance of 456.22 feet; thence South
36 degrees 09 minutes 34 seconds West o distance of 891.37 feet to "Point A" and the point of
beginning of the property being descried; thence South 36 degrees 09 minutes 34 seconds West a
distance of 178.88 feet; thence South 54 degrees 30 minutes 07 seconds East o distance of 115.60
feet; thence South 36 degrees 09 minutes 34 seconds West a distance of 297.02 feet; thence South
47 degrees 51 minutes East o distance of 98.07 feet; thence South 65 degrees 07 minutes 30 seconds
East a distance of 146.91 feet; thence North 89 degrees 05 minutes East a distance of 157.00 feet;
thence northeasterly to a point on a line drawn on a bearing of South 54 degrees 30 minutes East a
distance of 488.73 feet from said "Point A"; thence North 54 degrees 30 minutes West to the point
of beginning.
PARCEL 4
That part of the East half of the Northeast Quarter of Section 24, Township 118 North. Range 23
West of the 5th Principal Meridian. described as follows: Commencing at the Northeast corner of said
East half of the Northeast Quarter; thence on an assumed bearing of South 0 degrees 00 minutes
26 seconds West along the Eost line of said East half of the Northeast Quarter a distance of 636.25
feet; thence South 46 degrees 09 minutes 59 seconds West a distance of 456.22 feet; thence South
36 degrees 09 minutes 34 seconds West o distance of 891.37 feet to "Point A"; thence South 36
degrees 09 minutes 34 seconds West a distance of 178.88 feet; thence South 54 degrees 30 minutes
07 seconds East a distance of 115.60 feet; thence South 36 degrees 09 minutes 34 seconds West
a distance of 297.02 feet to the point of beginning of the property being described; thence South 47
degrees 51 minutes East o distance of 98.07 feet; thence South 65 degrees 07 minutes 30 seconds
East o distance of 146.91 feet; thence North 89 degrees 05 minutes East a distance of 157.00 feet;
thence northeasterly to a point on a line drown on a bearing of South 54 degrees 30 minutes Eost a
distance of 488.73 feet from said "Point A"• thence Southeasterly to a point on the East line distant
431.20 feet northerly, as measured along said East line, from the Southeast corner of
said Eost half of the Northeast Quarter; thence westerly parallel with the South line of said
East half of the Northeast Quarter o distance of 600.10 feet; thence southerly parallel with
the East line of said East Half a distance of 36.90 feet; thence westerly, deflecting right 91
degrees 51 minutes a distance of 340.70 feet; thence southwesterly, deflecting left 51 degrees
13 minutes to the northeasterly right of way line of Holy Name Drive; thence northwesterly along
said northeasterly right of way line to its intersection with the North line of the South 412.50
feet of said East half of the Northeast Quarter; thence northerly along said West fine to a point
on said West line distance 452.91 feet northerly of. as measured along said West line, the South-
west corner of said East half of the Northeast Quarter; thence easterly parallel with said South
line a distance of 84.32 feet; thence North 79 degrees 20 minutes East to its intersection with a
line drawn on a bearing of South 42 degrees 39 minutes 34 seconds West from the point of beginning;
thence North 42 degrees 39 minutes 34 seconds East to the point of beginning.
Resolution No. 2021-26 3
April 20, 2021