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Home My WebLink About2016-07-28 OPH Letter to Bill Henderson Re Timeline Extension Request .r .• Y City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 July 28th,2016 Bill Henderson TIC Properties 2607 White bear Ave. Maplewood,MN 55109 RE:Oak Ridge Place Dear Bill: The City has received your July 2511,2016 request for an extension of the approvals granted via the City Council Resolution and CUP issuance date of April 28th,2015. Unfortunately,there is not a provision under City code or authority where such timeline could be extended beyond one-year when the request is made after the expiration of such permit—again being 401.03 C.4 as enclosed. While this can be discouraging,please note that since your approvals were granted,there have not been functional alterations to the City's zoning code nor comprehensive plan that would likely materially impact your re--application. This means that your submission and review should proceed quicldy,assuming there are no changes. The City does understand that personal issues arise in the execution of a project, however the City cannot deviate from its established process as it would establish precedence which could put the City in a problematic position should there be another applicant that missed certain deadlines and that may be controversial in sane form. We would offer that you promptly submit your re-application—consisting of these same materials and that outlines/highlights any changes from your 2015 documentation.Once we have that the City can proceed with such review.To the extent we are able, Staff would hope to streamline any reviews and approvals as we as well would like to eliminate any unnecessary processes.At this stage an application would first be heard in September by the Planning Commission and thereafter by the City Council.I would lastly offer .+ ;.- i i our City Staff at an upcoming meeting perhaps as early as August 3^d or August 10—just let me know which ,:y P=: et me ' o how you may wish to proceed. K reg y /Joh1 City ,i ' CC: City Staff;(S.Richards,M.Vierling,J.Hultman) Weekly Notes Mr,Mike Hoefler HAF Architects 233 South Main Street Stillwater,MN 55082 3) Drainage configuration. 4) Storm sewer catch basins and invert elevations. 5) Spot elevations. 6) Proposed road profile. 7) Erosion control measures. d. Landscape Plan: 1) Location of all existing trees, type, diameter, and which trees will be removed. 2) Location, type and diameter of all proposed plantings. 3) Location and material used for all screening devices. 4. Lapse of Approval. a. Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section. b. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. Such an application shall state the facts of the request, showing a good faith attempt to utilize the permit, and it shall state the additional time being requested to begin the proposed construction. The application shall be heard and decided by the City Council prior to the lapse of approval of the original request. c. In making its determination on whether an applicant has made a good faith attempt to utilize the conditional use permit, the City Council shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing,or special and/or unique circumstances beyond the control of the applicant which have caused the delay. 5. Amended Conditional Use Permit An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include re- 03-6 e Place July 25,2016 Dear Mr.Johnson, Thank you for your time on the phone the other day regarding our application for expansion of Oak Ridge Place. As discussed we received your letter informing us that we would need to submit a new application due to the fact that a year had gone by on June 24th,which was the one year time frame for submitting for a permit. As mention in our conversation we are in the final stages of financing and have been delayed for health reasons this past 6 months. We are hopeful to start construction still this fall. We have not had any changes to our plans and are not aware of any code changes or comprehensive plan changes by the city. We are asking to expedite the reinstatement of the application if at all possible. We recognize that our 1 year has expired and would like to make the process as easy for the city and ourselves as possible. ... Any help you could provide in accomplishing this goal would be greatly appreciated. We apologize if this has caused the city any hardship. Please let us know as soon as you can what steps we will need to take to reactivate our project. Kindly, p � Bill Henderson TIC Properties 1 Oak Ridge Place 6060 Oxboro Avenue N. •Oak Park Heights,MN 55082 •(651)439-8034 •Fax (651)439-8305 •www.oakridgepiaee.net CITY OF OAK PARK HEIGHTS j -,- 14168 Oak Park Boulevard No.•P.O.Box 2007•Oak Park Heights,MN 55082-2007•Phone:651/439.4439•Fax:651/139-0574 . July 13,2016 Mike Hoefler HAP Architects 233 South Main St. Stillwater,MN 55082 Re: Oak Ridge Place Memory—606 Oxboro Ave.N.,Oak Park Heights,MN 55082 Memory Care&Assisted Living Expansion—Building Height&Setback CUP&Variances I File No.: TPC 236.02-14:06I OPH 2014-10.07 I Dear Mr.Moeller: The above-referenced was considered by the Planning Commission public hearing on November 13,2014 and their recommendation provided to the City Council for their review and approval consideration at their December 9,2014 meeting. As you recall,a drainage easement was discovered where the main access-way was planned and the matter pulled from the December 9,2014 City Council Agenda to allow time to address the situation. The City Council did review the request and consider the Planning Commission recommendation at its April 28,2015 meeting and voted to approved the requests,subject to 17 conditions as outlined in Resolution 15-04-22. A Conditional Use Permit&Variance Permit was executed and recorded with Washington County(Document#4030980)on June 24,2015. City Ordinance 401.03.C.4.a.states: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional we permit shall be null and void twelve(12)months after the date of approval, unless the property owner or applicant has substantially started the construction of any building structure, addition or alteration,or use requested as part of the conditional we. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section. The City has not received a work permit to the project,nor has there been an application for time extension .: 'v . upon the above and in keeping with City Ordinance 401.03.C.4.a,please be advi . i 'i the' provals granted have become null and void and that the City file has been closed. Sh.• d •u . to revisit the project,a new development application will be required. / 7 E . ohnson Administrator c: Bill Henderson,TIC Properties—2607 White Bear Ave.,Maplewood,MN 55109 Shawn Dahl,TIC Properties-2607 White Bear Ave.,Maplewood,MN 55109 Tree City U.S.A.