RESOLUTION NO. 15 – 07
IN
RE: The application of Mark
Kawell for a final plat known as Bowman Third Addition, dated October 18, 2006
and located on Manor Road, Deephaven, Minnesota (PID Nos. 25-117-23 24 0091 and
25-117-23-13-0032)
WHEREAS, a final plat application was
submitted by Mark Kawell to subdivide an existing ten and a half acre lot and
outlot into four lots in the R-2 district to be known as Bowman Addition; and
WHEREAS, the property lies within the
cities of Deephaven and Shorewood; and
WHEREAS, of the proposed lots, one would
remain the homestead of the current property owner and three vacant lots would
be created with their building pads located in the City of Deephaven; and
WHEREAS, the applicant proposes to gain
access to the property from
WHEREAS, notice of public hearing was published; notice given to neighboring
property owners; and a public hearing held before the Planning Commission to
consider the application; and
WHEREAS, public comment was taken at the
public hearing before the Planning Commission on May 15, 2007; and
WHEREAS, The Planning Commission
unanimously recommended that the City Council approve the final plat request,
subject to City Attorney approval of all easement descriptions.
WHEREAS, the City Council has received
the staff report, the analysis of the Planning Commission, City Attorney, the
City Engineer, the public safety comments of the Chief of Police and Fire
Inspector and considered the application and comments of the applicant and the
public.
NOW, THEREFORE, upon consideration of the final plat application and supporting
material relevant to the issues of lot layout, lot access and road safety
matters, including but not limited to staff reports from emergency personnel,
the City’s Engineer and upon further deliberation, the City Council of the City
of Deephaven, Minnesota does hereby make the following findings and decision
regarding the subject application for subdivision:
1. The Property contains approximately
ten and one half acres of land, which the applicant wants to develop for
residential housing. Applicant has made
application to subdivide the Property into four lots to be used for single
family residential purposes.
2. Section 1200.10(3)(a) of the Subdivision Ordinance requires that all lots
shall abut and have driveway access on a publicly dedicated or private
street. This access shall be no less
than fifteen (15) in width of paved area centered within a twenty-five foot
easement. The street shall be designated
a fire access road and clearly marked as such.
3. Section 1200.10(3)(g) of the Subdivision Ordinance requires that each lot
must be provided with satisfactory access to an existing public street by means
of a public or private street.
4. Section 1200.10(3)(e) of the Subdivision Ordinance requires that lot
dimensions, in terms of width, depth and area must conform to the requirements
of the Zoning Code. Section 1310.02 of
the Zoning Code requires a minimum lot width of seventy-five feet in the R-2
Zoning District.
5. Section 1200.02(17) of the
Subdivision Ordinance defines a
6. Section 1200.10(1)(l) of the Subdivision Ordinance outlines the design
requirements of a private street if permitted by the City Council, and includes
provisions on required width, design loads and maintenance.
7. The City Engineer, Police
Chief and Fire Inspector have recommend that a
continuous looped road be put into place in the interest of public safety and
marked as a fire access road with prohibitions on parking.
NOW, THEREFORE, BE IT
RESOLVED,
by the City Council of the City of
1. That based on the foregoing,
the application for final plat by Mark Kawell to create Bowman Third Addition
is hereby approved subject to the following terms and conditions;
TERMS AND CONDITIONS OF
GRANT OF FINAL PLAT APPROVAL FOR BOWMAN THIRD ADDITION:
1.
The applicant provide a continuous looped road of no less than fifteen
feet of paved area centered in and contained within a fire lane easement no
less than twenty-five feet in width between the two access points shown on the
submitted final plat. This road must be
constructed and inspected by the City Engineer and the easement legally defined
to the satisfaction of the City Attorney prior to the issuance of a Certificate
of Occupancy for any of the proposed lots.
2.
That the Developer submit a plan indicating the required yards for each
of the proposed lots and that the required front yard setback for lot three be
shown as no less than twenty-five feet from the edge of the bituminous roadway.
3.
That the Developer indicates that each lot contains no less than three
off street parking areas of at least two hundred and fifty square feet per off
street parking space.
4.
The applicant must provide evidence of the filing/recording of the
Driveway Easement Declaration in a form approved by the City Attorney, prior to
the City releasing the signed plat to the Developer.
5.
That all applicable utility Easements have been recorded,
both public and private.
6.
That the applicant must enter into a Developer’s Agreement that would
be drafted and signed by the Developer and the cities of Deephaven and
Shorewood addressing the issues of access, utilities, park dedication and all
other issued deemed necessary and customarily included in such agreements prior
to the adoption of the Final Plat, included, but not limited to the placement
of all roads and utilities.
7.
The applicant agrees that all issues related to slopes, drainage and
erosion control be addressed on a lot by lot basis by the City Engineer prior
to obtaining a Building Permit for development of any lot.
8.
The applicant agrees that all wetlands must be delineated by the
Minnehaha Watershed District, per Watershed District requirements, prior to the
issuance of any building permits.
9.
That a Park Dedication fee be equal to ten percent of the assessed
value of the property as determined by the City Assessor, City Staff and the
Developer.
ADOPTED THIS 4th DAY OF JUNE, 2007 BY THE CITY COUNCIL OF
Ayes
4, Nays 0
_____________________________
Paul
Skrede, Mayor
ATTEST:
___________________________
Dana Young, City Administrator