Agenda - Council - 04/28/2009 - Board of Appeals

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Attachment D introduced the following resolution and moved for its adoption: Board Member RESOLUTION #09-04- A RESOLUTION APPROVING THE ISSUANCE OF A VARIANCE TO THE PLATTING REQUIREMENTS IN CITY CODE TO APPROVE A METES AND BOUNDS SUBDIVISION AND DECLARING TERMS OF SAME. WHEREAS, the City of Ramsey, hereinafter referred to as "Permittee", has properly applied for a variance to platting requirements established in Section 9.50 (Subdivision) of the Ramsey City Code to facilitate a metes and bounds subdivision to facilitate right-of-way ~cquisition for the extension of 167th Avenue. WHEREAS, the Board of Appeals met on April 28, 2009, conducted a public hearing and adopted findings of fact relating to the request for a variance from platting requirements to facilitate a metes and bounds subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1. The requirements of City Code Section 9.50 (Subdivision) are a practical difficulty in that the metes and bounds subdivision will facilitate the conveyance of the 167th Avenue right-of-way to the City for City Project 08-27, but will not create any new buildable lots, the parcels are anticipated to be platted in the future, however the exact alignment of those lots is unknown. 2. Based on Findings of Fact # _, a variance to the platting requirements in City Code Section 9.50 (Subdivision), is hereby granted to the Permittee for the parcels shown in the exhibits in Exhibit A, B, and C, all prepared by Bolton and Menk, Inc., dated April 6, 2009, February 25, 2009, and February 24, 2009, respectively, contingent on the conditions contained in this Variance. 3. This Variance shall automatically become null and void if it is not initiated within twelve (12) months of the date of approval, unless an extension is granted at the written request of the Permittee. 4. The Permittee shall be responsible for all City costs incurred in administering and enforcing this vanance. The motion for the adoption of the foregoing resolution was duly seconded by Board Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: