HomeMy WebLinkAbout2020-10-16 WC Recorded PUD Amendment Doc #4270256Receipt:# 499672
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4844 North 300 West
Suite 202
Provo UT 84604
4270256
111111 VIII VIII VIII VIII VIII IIII III IIII
Certified Filed and/or recorded on:
10/16/2020 8 00 AM
ElPUNP71
Office of the County Recorder
Washington County, Minnesota
Debra Ledvina, County Recorder
NOTICE OF CERTIFICATION
STATE OF MINNESOTA }
COUNTY OF WASHINGTON
CITY OF OAK PARK HEIGHTS )
I, the undersigned being duly qualified and acting as City Administrator for the City of
Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached
document:
Amended Planned Unit Development
And
Conditional Use Permit
For
Lots 7, 8 & 9, Palmer Station
(Front Yard Setback)
Located At
5606, 5573 & 5607 Oak Cove N.
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same
is a full, true and complete copy of said document within the files of the City of Oak Park
Heights.
WITNESS my hand and the seal of the City of Oak P ts, this 8th day of
September, 2020.
rohnson -�
Administrator • r=
CITY OF OAK PARK HEIGHTS
AMENDED PLANNED UNITED DEVELOPMENT AND
CONDITIONAL USE PERMIT FOR
LOTS 7, 8, 9, PALMER STATION
Planners File No. 236.02 -20.06 Date of Amendment: July
28, 2020
Amends PUD and CUP issued: July 24, 2014
Legal Descriptions: (Washington County Parcel ID Nos.: 04.029.20.23.0097;
04.029.20.23.0098; 04.029.20.23.0099)
SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTIONS OF PARCELS
Owner: Creative Homes, Inc., 707 Commerce Dr. #410, Woodbury, MN 55125
Applicant: Olivia Gavic, representing Creative Homes, Inc., 707 Commerce Dr.
#410, Woodbury, MN 55125
Site Addresses: 5606 Oak Cove North, Oak Park Heights, MN 55082
5573 Oak Cove North, Oak Park Heights, MN 55082
5609 Oak Cove North, Oak Park Heights, MN 55082
Present Zoning District: R-1 Residential District
Permitted uses set forth in Ordinance 401 Section 401.22.B.
L AMENDED PLANNED UNIT DEVELOPMENT AND CONDITIONAL USE
PERMIT: On or about July 24, 2014, the City of Oak Park Heights (hereinafter: the
"City") granted a Planned Unit Development ("PUD") and Conditional Use Permit
("CUP") to Creative Homes, Inc. (hereinafter: the "Applicant") for a thirteen (I3) lot
subdivision of the Palmer property, located at 5625 Oakgreen Avenue North.
Conditions for the PUD and CUP are articulated in the permit issued by the City.
On July 28, 2020, Applicant came before the City Council, to request amendment of
the PUD and CUP previously issued by the City in regard to Lots 7, 8, and 9 of
Palmer Station, legally described in attached Exhibit A and located at the above-
named site addresses. Applicant requests the City amend the previously issued PUD
and CUP to allow for a reduced front yard setback for Lots 7, 8, and 9, from 30 feet to
20 feet. Applicant's requested 20 -foot front yard setback will allow for the
preservation of a mature maple tree, allow for larger back yards, and keep the homes
to be built on Lots 7, 8, and 9 more in line with existing homes on Oak Cove North.
A public hearing was held before the City's Planning Commission on July 23, 2020.
The Planning Commission received comments from the Applicant and the public,
closed the public hearing, and recommended approved of the amended PUD and
CUP, with conditions.
On July 28, 2020, the City Council approved the amendment of the PUD and CUP to
allow for a reduction in the required minimum front yard setback to 20 feet for Lots
7, 8, and 9 Palmer Station, located respectively at 5606, 5573, and 5609 Oak Cove
North, Oak Park Heights, MN 55082, subject to the following conditions and/or
restrictions imposed by the July 28, 2020 Resolution of the City Council of the City
of Oak Park Heights, which are as follows:
1. The final grading and drainage for the three lots shall be subject to review and
approval of the City Engineer; and,
2. Any other conditions of the Planning Commission, City Council, and City staff
and all previously issued approvals and conditions remain in -force.
IL Reference Attachment: The City Planner's reports prepared by City staff, dated July
16, 2020, are annexed hereto by reference as "Exhibit B".
M. Abandonment: This amended permit requires continuous use in order to preserve the
Conditional Use granted by the City under the terms hereof Any discontinuation or
abandonment of the uses permitted hereunder upon the site for a period of 12
continuous months shall constitute abandonment and void the permit.
IV. Annual Review: Annual review is not imposed as a condition of this amended
permit.
IN WITNESS WHEREOF, the Parties have set forth their hands and seals.
C F OAK HTS
�%u - k
Dated: Bv: M
Mary 05ber,Mayor
Dated: ` 'r' - By:
EriV61mson, City Administrator
Dated: u ho -a
Instrument Drafted By:
Kevin S. Sandstrom
Eckberg Lammers, P.C.
1809 Northwestern Avenue
Stillwater, MN 55082
2
CRICA HO MS, INC.
By:
Its: id&A- -
EXHIBIT A - Legal Descriptions
Conditional Use Permit
'f tr iMf
Palmer Station
Washington II 04.029.20.23.0097
04.029.20.23.0098
04.029.20.23.0099
Legal l of 7, 8 and 9, Block9, Palmer Station
3301 Thuraton Avenue N, Suit,. 10o
TP Anoka, MiV 135303
Phone: 763.231,3&w
Facsrmifs: 733.427.0520
TMOPlan ningCo. com
PLANNING iiEPORT
TO:
Eric Johnson
FROM:
Scott Richards
DATE:
July 16, 2020
•
Oak Park heights — Planned Unit Development Amendment
Exhibit 5:
— Front
Yard Setback Allowances for Lots 7, 8, and 9 Palmer Station.
TPC FILE:
236.42 —20.06
BACKGROUND
Olivia Gavic, representing Creative Homes inc. has made an application for a Planned
Unit Development Amendment to allow a reduced front yard setback �m 30 feet t® 2d
feet for Lots T, 8 and 9, Palmer Station located at 56®6,
North. The Planned Unit Devel® 5573 and 5609 Oak Cove
Yard setback standards In that a PUD ewas �rnent is rpuinrd to vary from the front
side yard setbacks ws the origdnal development appynthd to a6iow for vertati®ns for
Th8 City Council approved the request for the rezoning, Planned Unit Development, and
Preilrrtilnary and Final Plat for the thirteen -10t subdivision of the Palmer propel at their
July 2-2. 2014 meeting. The property is zoned R-1 Single Family Residential District.
The review is bawl upon the following submittals:
Exhibit 1:
Exhibit 2:
Lot 7 Building Footprint at 30' Setback
Lot 9 Building Footprint at 30' Setback
Exhibit 3:
Exhibit 4.
Lots 7, 8 and 9 Building Footprint at 20, Setback
Grading Plan (C3.1)
Exhibit 5:
Grading Details (C3.3)
Exhibit 6:
Site Photos (3 images)
Exhibit 7.
Report of the City Engineer, July 15, 2020
Ms. Gavic has provided the mason for the request In the development application
indicating that allowing a 20 -foot setback instead of a 30 foot setback will allow for
Page 64 of 114
Comment: The required easements have already been dedicated.
c) 7he reduction W11 work toward Me preservation of bses or unique phy&fcal
features
of I or
Comment: One large maple tree will be preserved, and additional useable
back yard space will be provided fbr these three lots.
d) If affeGfing a north lot line, the reduction will not restrict sun access from
the abutting r
Comment: The structures should not Impact sun access for abutting lots,
a) The reduGdon W11 not obstruct traffic Walbift, cause a public safety
Problem an• compi0es with Secdoncomp401.15.B.6 • this Ordinance,
Comment:addition • •.r(Section 401.15.13.13) and
not _ any publicconcerns.
0 The Gondffibns of Section 401.03.A.7 of this Ordinance are consfdored
• saftbctodly
Comment:are reviewed below.
The conditional use permit criteria, fbund in Section 401-03A.7 of
Zoning
Ordinance, _ •follows:-
2. The conkrMly w4h Present and futum land uses In the area
4. Iftelhar the use wN fond to or actuafly deprecAwt the area in which ft /,a propowd.
6. The dernonsWed need for such use
0. Me propomd use's conlonnity *Wh all P&dbMance standards Contained hwein (I e.,
paWng, boding, dr s 'r -
Comment: The Planning Commission should comment If any of these criteria VAII be at
odds with the Planned Unit Development Amendment proposed fbr the eke. The
reduced setbacks will not negatively impact any of the above criteria. City Staff does
-jot see any Issues withrequest.
Grading and Drainage. A grading plan has been provided as part of the submittals.
The Cfty Engineer shell review and approve all of the grading and drainage plans. The
City Engineer provided =tter that is ibund as an Exhibit
requestEasements. No existing easements will be Impacted, nor new easements are required
with this
Page 66 of 114
Upon of the request Ibr• Unit Development• • allow
reduced front yard setback ftornt feet to 20 feet I& Lotsand • Palmer Station
located at 5606,and 5609 Oak Cove North, City staff'*• • - application
with the following ♦• • •
1. The final grading and drainage fbr the three lots shall be subject to
approval of • -
2. Any other conditions of • Commission,• r• Cl
staff. I
4
Page 67 of 114
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Page 73 of 114
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(3stantec 733 Merquetba Avenue Suis 1000, Mnmm o b MN 55402-2309
July 15, 2020
File.193800151
Attention: Mr. Eric Johnson, City Administrator
City of Oak Park Heights
4185 Oak Parts Blvd. N.,
Oak Park Heights, MN 55082
Reference: Palmer Station: Review of proposed setback revislons for I..oib 7, 8 and 8
Dear Eric,
We have reviewed the proposed lot setback revisions for tis 7, 8 and 9, Farmer Station. The proposal
reduces the lot setbacks from the street by 10 -feet. The setback changes do not require changes to the
approved grading pian. The new driveway grades will conform with City standards for driveway grades.
Therefom the proposed setbacks do not raise any engineering concerns_
If you have any questions or require further information, please do not hesbte to contact me.
Regards,
VAIL
Jura Hultman, Buillding •
Andy Kegley, ��
Olivia Gavic, Creative
Page 77 of 114