HomeMy WebLinkAboutResolution - 2012-74 - Variance for United HealthCare Services - 05/01/2012 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-74
RESOLUTION GRANTING UNITED HEALTHCARE SERVICES, INC. A VARIANCE
FROM CITY CODE SECTION 12.50, SUBD. 4B
WHEREAS, United flealthCare Services, Inc. (hereinafter"United") has applied for a variance
from City Code §12.50, Subd. 4B requiring the security for Phase III of the City West Corporate
Addition be submitted prior to City execution of the final plat; and
WHEREAS, United plans to construct City West Corporate Addition in three phases. Buildings
I and 2 will be completed in Developer's Phase 1. Building 3 will be completed in Developer's
Phase 11. Building 4 will be completed in Developer's Phase 111; and
WHEREAS, Developer's Phase III will consist of Building 4 as well as Infrastructure
Improvements outlined on Exhibit A attached hereto and made a part hereof; and
WHEREAS, it is anticipated that the construction on Developer's Phase III will not begin for
some time; and
WHEREAS, United requests a variance allowing the security required under City Code §12.50,
Subd. 4B to be submitted prior to the earlier of the issuance of building permits for Developer's
Phase III or the opening of the passenger station for the Southwest Light Rail Transit System as
identified in the Development Agreement dated March 6, 2012 between the City and United
HealthCare Services, Inc.; and
WHEREAS, pursuant to Minn. Stat, §462.358, Subd. 6 and City Code §12.60, Subd. 3 a
variance may be granted if the City finds that an undue hardship exists.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council:
1. The City finds that undue hardship exists under Minn. Stat. §462.358, Subd. 6 and City
Code §12.60, Subd. 3 for United to provide financial security prior to execution of the
final plat for work that will not be done for some time and that will be completed as an
entirely separate phase of the project.
2. The City further finds that granting the variance will not create a detriment to public
welfare and will not impair the intent and purpose of the regulations.
3. The City hereby grants the variance on the following condition: security required by
City Code §12.50, Subd. 4B shall be in an amount equal to 125% of the Total
identified on Exhibit A, attached hereto and made a part hereof, for Infrastructure
Improvements all of which shall be constructed by United and shall be delivered to the
City in such form and substance as approved by the City Engineer, and the security
shall be posted prior to the earlier of.
(i) the issuance of a permit for any work on Developer's Phase III of the City West
Corporate Addition identified in the Development Agreement dated March 6,
2012 between the City and United HealthCare Services, Inc, including but not
limited to any work on Building 4 or on any of the Infrastructure Improvements
outlined on Exhibit A, or
(ii) the opening of the Southwest Light Rail passenger station as identified in the
Development Agreement dated March 6, 2012 between the City and United
HealthCare Services, Inc..
ADOPTED by the Eden Prairie City Council on May 1, 2012,
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ATTEST: SEAL
Ka Teen Porta, City Clerk