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HomeMy WebLinkAbout2020-026 'It -ARZEN,HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2020-026 RESOLUTION APPROVING A VARIANCE AND ASSOCIATED PRELIMINARY PLAT AND FOR THE SUBJECT PROPERTY 3246 NEW BRIGHTON ROAD WHEREAS, City Staff received a land use application for 3246 New Brighton Road ("Subject Property") for a Variance and associated Preliminary Plat request on March 18th, 2020; WHEREAS, the Subject Property is located in the R-2 — Single and Two-Family Residential Zoning District and is guided as Very Low Density Residential use on the Land Use plan; WHEREAS, the Applicant has requested a Preliminary Plat in order to subdivide the property into four(4) single-family residential lots. WHEREAS,the Applicant has requested a variance from the City Code to allow lot widths of 81.75 feet, or 3.25 feet less than the minimum 85-foot requirement for the R-2 District. WHEREAS, a variance may be granted when it is in harmony with the general purposes and intent of the zoning ordinance if enforcement of a provision in the ordinance would cause the landowner practical difficulties; WHEREAS, the City Council directed Staff to prepare a Land Use Application Public Policy Notification to notify all property owners within 1,000 feet of Subject Property when a request for the Planning Commission is to occur related to a land use application that does not require a public hearing; WHEREAS, the City's obligation has been met where the Arden Hills Planning Commission duly held a public hearing on June 3rd, 2020. All persons present at said meeting were given an opportunity to be heard and present written statements; WHEREAS,the Planning Commission considered the recommendation of the City Staff that this request be approved and, as such voted 5-2 in favor of the request; and, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: 1 Hereby adopts Resolution 2020-026 approving Planning Case 20-003 for a Variance and associated Preliminary Plat request at the Subject Property 3246 New Brighton Road to subdivide the property into four(4) single-family residential lots each with a lot width of 81.75 feet. BE IT FURTHER RESOLVED that City Council approves Planning Case 20-003 for a Variance and associated Preliminary Plat at the Subject Property 3246 New Brighton Road, based on the findings of fact and the submitted plans in the June 22"d, 2020 Report to the City Council, as amended by the following conditions: 1. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. The applicant shall submit a park dedication fee in the amount of$26,000, subject to the approval of the City Council. The park dedication fee shall be submitted prior to the execution of the Final Plat. 3. Preliminary Plat approval shall expire six months from the date of the City Council approval unless the Final Plat has been approved by the City Council and recorded with Ramsey County or a time extension granted by the City Council. 4. A Letter of Credit in the amount of 125 percent of the cost of materials and installation, for the required replacement tree plantings shall be provided prior to the issuance of any development permits. The Letter of Cred shall be valid for two full years from the date of installation of the replacements trees. 5. Prior to the issuance of a Grading and Erosion Control permit the Applicant shall work with the City to locate the additional eighty-seven (87) caliper inches of replacement trees on the site or on the adjacent properties to the north and south of subject property. If the replacement tree plantings cannot be reasonably accommodated on the site, the City can work with the applicant to find off-site locations for the plantings or require that a fee in lieu of the plantings be provided. 6. The applicant shall provide the City with a copy of the approved Rice Creek Watershed District Permit prior to the issuance of any development permits. 7. Signage depicting the conservation easement boundaries shall be shown on grading plan, final location and sign design is subject to the approval of the Public Works Director. 8. A grading as-built and utility as-built plan shall be provided to the City upon completion of grading and utility work. 9. The proposed buildings shall conform to all other standards and regulations in the City Code. 10. The Applicant shall be financially responsible for all applicable water and sanitary charges. Rates applied shall be those in effect at the time of Final Plat approval and shall be memorialized in the Development Agreement. 11. Before construction, grading, or land clearing begins, trees or tree areas that are to be preserved shall be visibly marked and city-approved tree protection fencing or other method shall be installed and maintained at the critical root zones of the trees to be protected. The location of the fencing shall be in conformance with the approved tree preservation plan and approved by staff in writing. 2 12. A Grading and Erosion permit shall be obtained from the city's Engineering Division prior to commencing any grading, land disturbance or utility activities. The Developer shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, and Ramsey County, MNDOT prior to the start of any site activities. 13. The Applicant shall be responsible for protecting the proposed on-site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Applicant. 14. Prior to the issuance Grading and Erosion permit, the Engineering Department shall review and approve final grading and utility plans in writing. 15. Staff shall review and approve the final landscaping plan showing a minimum of three trees in the front yard per lot prior to the release of the Final Plat. 16. The Applicant shall be financially responsible for any cost incurred for undergrounding existing overhead electric utilities and other associated private utilities and within the development. 17. The developer shall be wholly responsible for the removal of debris including dead or deceased vegetation, and fencing found around the site. 18. Prior to the release of the Final Plat,the Applicant shall execute the grant of permanent conservation easement and restrictive covenant for wetland and wetland buffer. A Development Agreement shall be prepared by the City Attorney and subject to City Council approval. The Development Agreement shall be fully executed prior to release of the Final Plat. 19. The garage portion of the home facing the street shall not exceed fifty (50) percent of the total front facade. 20. The buildable area shall be 10,200 square feet instead of the total lot area when calculating the FAR for each lot. 21. The maximum peak of the roof should be no more than 35 feet. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 22°d DAY OF DUNE,2020. Mayor Attest: JCitJerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfrche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. 3