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City Council Resolution 2015-46CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2015-046 APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT AND APPROVING AN ENCROACHMENT AGREEMENT FOR VINE STREET PLACE ADDITION WHEREAS, Patrick Benoit of Benoit Properties, LLC has submitted an application for final plat approval and an encroachment agreement for the proposed development of Vine Street Place Addition; and WHEREAS, the final plat will meet design standards and other provisions outlined in Title XI, the Monticello Subdivision Ordinance subject to conditions enumerated below; and WHEREAS, Lot 2 of Vine Street Place Addition has no direct street access, and said Lot received approval of a variance on July 1St, 2014 from zoning and subdivision standards by the Board of Adjustments and Appeals; and WHEREAS, Lot 2 will access the Vine Street cul -de -sac via an access easement across a shared driveway with Lot 1, both of which encroach into the public drainage and utility easement; and WHEREAS, the Planning Commission held a public hearing on July 1St, 2014 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission of the City of Monticello adopted Resolution #2014- 066 stating the following Findings of Fact in their recommendation of approval: 1. The lot in question has sufficient area to accommodate a two - family home, 2. A duplex is a permitted use in the R -2 District, and the proposed site and building plan meets all required setbacks established by the district. 3. There are special circumstances affecting this lot which justify the granting of the variance in order to allow for reasonable use of the property and granting the variance will not be detrimental to the public health and welfare. 4. The site and building plans meet the performance standards in the ordinance for the development of a duplex in the R -2 District subject to the conditions outlined below. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monticello, Minnesota that the final plat and encroachment agreement are hereby approved subject to the following conditions: i . Vine Street shall be dedicated per the final plat approved by the City Council on June 8th, 2015. 2. The plat and plan documents shall comply with the requirements and recommendations of the City Engineer and County Surveyor. 3. The City approved a Variance to the zoning ordinance for the Vine Street Place development on July 1St, 2014. The plans are required to comply with all conditions as approved as part of the Variance consideration. 4. Simultaneous with the recording of the final plat, Developer shall provide and record an easement over Lot 1 in favor of Lot 2 for access to Vine Street that also addresses use and maintenance of the driveway, provides utilities to Lot 2 and easement premises, and provide for long -term maintenance and capital improvements between the two parcels. 5. If the applicant and adjoining property owner to the north come to an agreement regarding the extra set of water and sewer services, a revised utility plan illustrating the connection will be required to be submitted. 6. The shared wall facing on the zero lot line must be a structural wall meeting building code and property line requirements. 7. Execution of an encroachment agreement for improvements in the public easements. 8. Execution of a development agreement governing requirements and improvements in the plat. BE IT FURTHER RESOLVED, by the City Council of the City of Monticello, Minnesota that the Development Contract for Vine Street Place Addition is hereby approved, subject to the applicable conditions as stated above. ADOPTED BYthe Monticello City Council this 8th day of June, 2015. CITY OF MONT ELLO Brian Stumpf, Major ATTEST: Jeff ity Administrator