Resolution - #07-02-064 - 02/27/2007

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Councilmember Jeffrey introduced the following resolution and moved for its adoption: RESOLUTION #07-02-064 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, Oakwood Development, Inc. (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 acquisition for the extension of 16ih Avenue in association with the plat of Brookfield Addition. WHEREAS, the City Council (acting as the Board of Appeal) met on February 27,2007, 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 and the sale of the existing homes, but will not create any new buildable lots. 2. Based on Findings of Fact #00791, a variance to the platting requirements in City Code Section 9.50 (Subdivision), is hereby granted to Oakwood Land Development for the parcels shown in the exhibits in Attachment A, all prepared by Passe Engineering, dated 1/26/07. 3. The City Council hereby approves the metes and bounds subdivision as shown in Attachment A, contingent on the conditions contained in the City Engineer's Memo dated February 22, 2007, receipt of an exception to the Development Moratorium, and the conditions contained in this Variance. 4. The five (5) remnant parcels will not be considered buildable lots until such time that sewer and water is available to them, and they are properly platted according to urban residential zoning requirements. A covenant to this effect must be recorded against each parcel with Anoka County. 5. 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.