HomeMy WebLinkAbout2016-01-12 CC Resolution 16-01-04RESOLUTION NO. 16-01-04
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY
HOLMEN OFFICE ASSOCIATES FOR A PARKING SETBACK
VARIANCE FROM OSGOOD AVENUE AT 6061 OSGOOD AVENUE
NORTH (WALGREENS) BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request by Holmen Office
Associates for a parking setback variance from Osgood Avenue at 6061 Osgood Avenue
North (Walgreens); and after having conducted a public hearing relative thereto, the
Planning Commission of Oak Park Heights recommended that the application be
approved with conditions. The City Council of the City of Oak Park Heights makes the
following findings of fact and resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned B-2, General Business District. The use of the site
for a retail Walgreens location is a permitted use; and
4. A variance is required in that the City, in Section 401.15.17.41. 17 of the
Zoning Ordinance requires that the curb barrier of the parking lot be no closer than ten
feet to any lot line or right of way line. This summer the Minnesota Department of
Transportation acquired, through condemnation, a strip of land from Holmen Office
Associates on the west side of their property for improvements to Highway 36. The
acquisition eliminated most of the setback between Osgood Avenue and the parking area
on the west side of the property; and
5. As a result of the Minnesota Department of Transportation acquisition, the
resulting setbacks to the curb range from one-tenth of a foot to 6.4 feet; and
6. Holmen Office Associates also requests a review of the existing
landscaping to determine if it meets City requirements; and
7. City staff prepared a planning report dated December 2, 2015 reviewing
the request; and
8. Said report recommended approval of the variance subject to the
fulfillment of conditions; and
9. The Planning Commission held a public hearing at their December 10,
2015 meeting, took comments from the applicants and public, closed the public hearing,
and recommended the application with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application for a request by Holmen Office Associates for a parking setback
variance from Osgood Avenue at 6061 Osgood Avenue North (Walgreens) and affecting
the real property as follows:
SEE ATTACHMENT A
The City Council of the City of Oak Park Heights approves the setback variance subject
to the following findings of fact:
1. The variance criteria in Section 401.04 of the Zoning Ordinance have been
reviewed and it has been determined by the Planning Commission and
City Council that the variance is justified.
2. The applicants have requested the variance in that the acquisition by
Minnesota Department of Transportation has created a nonconforming
setback between the right of way line and the parking lot curb. The
applicant did not create this situation; it was by the actions of the
Minnesota Department of Transportation that the variance is now
requested.
3. The resulting narrow setback will not have an impact on neighboring
properties, increase the congestion on the adjacent street, impact public
safety, affect property values or conflict with the Comprehensive Plan.
The City Council approves the following subject to the conditions as follows:
The City Council has determined that the request for the setback variance
is justifiable.
2. The Applicant shall be required to maintain the landscape materials that
were previously on the subject site but are currently on the Minnesota
Department of Transportation right of way.
3. The freestanding sign can remain as a nonconformity until such time that
the Minnesota Department of Transportation requires it to be removed. If
the sign is replaced, it shall be constructed to comply with City Zoning
standards.
Approved by the City Council of the City of Oak Park Heights this 12th day of January,
2016.
M xo nber, Mayor
�i
ATTACHMENT A
Variance — Parking Setback
Holmen Office Associates
For Walgreen's
6061 Osgood Ave. N.
Washington County GEO Code: 34.030.20.44.0020
Physical Address: 6061 Osgood Ave. N.
ATTACHMENT B
Variance — Parking Setback
Holmen Office Associates
for
Walgreen's
6061 Osgood Ave. N.
Application Materials
• Application Form
• Fees
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing & Recommendation: December 10, 2015
Variance — Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the variance 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 this variance. The property
owner shall have the right to submit an application to extend the approval of a variance to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.4.0 .1 — 401.4.C.2)