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City Council Resolution 2014-83CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2014-083 APPROVING A PRELIMINARY AND FINAL PLAT, APPROVING A DEVELOPMENT CONTRACT, AND APPROVING AN ENCROACHMENT AGREEMENT FOR CROSS ACCESS FOR VINE STREET PLACE ADDDITION WHEREAS, Patrick Benoit has submitted an application for preliminary and final plat approval and an encroachment agreement for cross access/ parking for the proposed development of Vine Street Place Addition; and WHEREAS, the preliminary and 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 from 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 preliminary and final plat, site and building plans, and encroachment agreement are hereby approved subject to the following conditions: 1. A cross access easement agreement must be established and filed with the county to provide access from Lot 2 across Lot 1 to the Vine Street cul -de -sac. The cross access easement should be written to include reference to utility provision crossing the private lot lines. 2. The applicant shall specify how long -term maintenance and capital improvements will be provided for between the two parcels. 3. The shared wall facing on the zero lot line must be a structural wall meeting building code and property line requirements. 4. Additional landscaping, such as a shrub border, shall be installed along the north property line to provide additional visual buffering for the side yard of the duplex and the rear yards of the adjoining residential parcels. 5. Exterior finish materials on the west side of the duplex on Lot 1 must have at least 20 percent of the fagade consisting of brick, stone, or cultured masonry simulating these materials. 6. The applicant must enter into an encroachment agreement with the City addressing the encroachment of the driveway into the drainage and utility easement along the south boundary of the plat. 7. Execution of a development agreement governing requirements and improvements in the plat. 8. Recommendations of the City Engineer relating to grading, drainage, utilities, and stormwater management. 9. The applicants must add a signature line on the Final Plat for the neighbor to the west or Vine Street, due to title interest in the platting of the Vine Street right of way. 10. The applicant must provide details of tree protection on the landscaping plan, consistent with the notes included on the grading plan. BE IT FURTHER RESOLVED, by the City Council of the City of Monticello, Minnesota that the Developer Contract for Vine Street Place Addition is hereby approved, subject to the applicable conditions as stated above. ADOPTED BY the Monticello City Council this 11th day of August, 2014. CITY OF MONTICELLO a: Clint I�er st, Mayor ATTEST: tj Jeff 'fie ity Administrator