HomeMy WebLinkAbout2021-04-21 OPH Email to CA - PUD Amendment Recording Request Julie Hultman
From: Julie Hultman
Sent: Wednesday, April 21, 2021 11:04 AM
To: Kevin Sandstrom
Cc: Eric Johnson
Subject: Palmer Station - Lot 10
Attachments: SKM BT_C55421042109570.pdf
Kevin,
Attached is the Palmer Station PUD Amendment for Lot 10 for recording.
Thanks!
Julie
From: bizhubC554@cityofoakparkheights.com <bizhubC554@cityofoakparkheights.com>
Sent: Wednesday, April 21, 2021 10:58 AM
To:Julie Hultman <jhultman@cityofoakparkheights.com>
Subject: Message from KMBT_C554
1
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
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:
Planned Unit Development Amendment
For
Front Yard Setback Reduction
At
Lot 10, Palmer Station
5613 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 Park eights, this 21st day of
April, 2021.
riI r ahnson
Ci dministrator
CITY OF OAK PARK HEIGHTS
AMENDMENT TO PLANNED UNITED DEVELOPMENT
REGARDING FRONT YARD LOT SETBACK FOR
LOT 10,PALMER STATION
Planners File No.236.02 -20.06 Date of Amendment: March 23,2021
Amends PUD and CUP issued: July 24, 2014
Legal Descriptions: (Washington County Parcel ID No.: 04.029.20.23.0100)
SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTIONS OF PARCEL
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: 5613 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.
I. 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(13) 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 February 9, 2021,Applicant applied to the City for an amendment of the PUD and
CUP previously issued by the City in regard to Lot 10 of Palmer Station, legally
described in attached Exhibit A and located at the above-named site address.
Applicant requests the City amend the previously issued PUD and CUP to allow for a
reduced front yard setback for Lots 10, from 30 feet to 25 feet. Applicant's requested
25-foot front yard setback will allow the proposed building on the site to better and
more readily conform to a wetland buffer setback regarding an existing wetland
located in the rear yard, and provide a more useable rear yard for the lot.
A public hearing was held before the City's Planning Commission on March 11,
2021. 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.
1
On March 23, 2021, the City Council approved the amendment of the PUD and CUP
to allow for a reduction in the required minimum front yard setback to 25 feet for Lot
10 of Palmer Station, located at 5613 Oak Cove North, Oak Park Heights, MN
55082, subject to the following conditions and/or restrictions imposed by the March
23, 2021 Resolution of the City Council of the City of Oak Park Heights, which are as
follows:
1. The final grading and drainage for the lot shall be subject to review and approval
of the City Engineer.
II. Reference Attachment: The City Planner's reports prepared by City staff, dated
March 4, 2021, are annexed hereto by reference as "Exhibit B".
III. 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 permit.
IN WITNESS WHEREOF, the Parties have set forth their hands and seals.
CIT 0 OAK P• RK HEIGHTS
Dated: Li- 2) -2.6 2,1 By: (..2 2,cI
Mary McComDer, Mayo
Dated: LI -ZI -2-024 By: J
Eric JET nson, City Administrator
CREATIVE HOMES, INC.
Dated: 6 ( t( 02-1 By:
Its: 9e,Crett/
Instrument Drafted By:
Kevin S. Sandstrom
Eckberg Lammers,P.C.
1809 Northwestern Avenue
Stillwater,MN 55082
2
EXHBIT A
LEGAL DESCRIPTION
FRONT YARD SETBACK PUD AMENDMENT FOR LOT 10,PALMER STATION
Legal Description: LOT 10,BLOCK 1,PALMER STATION ADDITION,WASHINGTON COUNTY,
MINNESOTA
Washington County Parcel ID Number: 04.029.20.23.0100
3
EXHIBIT B
CITY PLANNER'S REPORT
4
TPC3601 Thurston Avenue N,Suite 100 ((L
Anoka, MN 55303
Phone:763.231.5840
Facsimile:763.427.0520
TPCQPIanni ngCo.cam ZAJAL
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: March 4, 2021
RE: Oak Park Heights— Planned Unit Development Amendment— Front
Yard Setback Allowances for Lot 10 Palmer Station.
TPC FILE: 236.02 —21.02
BACKGROUND
Olivia Gavle, representing Creative Homes Inc. has made an application for a Planned
Unit Development Amendment to allow a reduced front yard setback from 30 feet to 25
feet for Lot 10, Palmer Station located at 5613 Oak Cove North. The Planned Unit
Development Amendment is required to vary from the front yard setback standards in
that a PUD was originally granted to allow for variations for side yard setbacks with the
original development approvals.
The City Council approved the request for the rezoning, Planned Unit Development, and
Preliminary and Final Plat for the thirteen-lot subdivision of the Palmer property at their
July 22, 2014 meeting. On July 28, 2020, the City Council approved a Planned Unit
Development Amendment for reduction in the front yard setback for 5606, 5573 and
5608 Oak Cove North.
The property is zoned R-1 Single Family Residential District.
The review is based upon the following submittals:
Exhibit 1: Certificate of Survey for Lot 10 - Building Footprint at 30' Setback
Exhibit 2: Certificate of Survey for Lot 10 - Building Footprint at 25' Setback
Exhibit 3: Elevation Plan (1 of 7)
Exhibit 4: Foundation Plan (2 of 7)
Exhibit 5: Mail Floor Level Plan (3 of 7)
Exhibit 6: Report of the City Engineer, March 2, 2021
PROJECT DESCRIPTION
Ms. Gavic has indicated that the reason for the request is to amend the setback to a
minimum of 25 feet to allow the home to fit within the wetland buffer setback
requirement.
ISSUES ANALYSIS
Comprehensive Plan. The Comprehensive Plan 2018 designates this area as Low
Density Residential. The Palmer Station development is in conformance with the
Comprehensive Plan.
Zoning. The property is currently zoned R-1 Single Family Residential District. The R-
1 District requires a front yard setback of 30 feet, side yard setbacks of 10 feet and rear
yard setback of 30 feet. If the lot is on a corner, the required setback is 30 feet from the
lot line. The 2014 approvals for Palmer Station allowed for reduced side-yard setbacks.
The approved condition is as follows:
17. The City Council agrees to the request to reduce the allowable setback on
the garage side of the home to a minimum of 5 feet. The setback to the
dwelling portion of the home would remain at 10 feet. A garage-to-garage
setback would be required to be 15 feet.
The current request reduces the front yard setback by five feet to 25 feet. A Planned
Unit Development Amendment is required to reduce the setback. Exhibit 2 shows the
proposed building footprints at the 25-foot setback. The reduced setback will allow for
more back yard space to comply with the wetland buffer setback of 20 feet and allow
enough space on the driveway to park cars and small trucks.
Planned Unit Development Amendment Review. The Planning Commission and City
Council should review the criteria for a setback Conditional Use Permit in considering
the Planned Unit Development:
Application for a setback Planned Unit Development/Conditional Use Permit shall be
regulated by Section 401.15.1.e.5). of the Zoning Ordinance. A Planned Unit
Development/Conditional Use Permit may be granted provided that:
5) A required yard on a lot may be reduced by a conditional use permit if the
following conditions are met:
a) The reduction of setback requirements is based upon a specific need or
circumstance which is unique to the property in question and which, if
approved, will not set a precedent which is contrary to the intent of this
Ordinance.
Comment: As indicated, allowing a 25-foot setback will allow for the home to
comply with the wetland buffer, as well as provide for a more useable back yard,
and will keep homes more in line with existing/proposed homes on Oak Cove.
2
b) Property line drainage and utility easements as required by the City's
Subdivision Ordinance are provided and no building will occur upon this
reserved space.
Comment: The required easements have already been dedicated and no
construction will occur within these easement areas.
c) The reduction will work toward the preservation of trees or unique physical
features of the lot or area.
Comment: Additional useable back yard space will be provided for this lot.
d) If affecting a north lot line, the reduction will not restrict sun access from
the abutting lots.
Comment: The structures should not impact sun access for abutting lots.
e) The reduction will not obstruct traffic visibility, cause a public safety
problem and complies with Section 401.15.8.6 of this Ordinance.
Comment: The addition will not impact traffic visibility (Section 401.15.B.6) and
not create any public safety concerns.
t) The conditions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
Comment: The criteria are reviewed below.
The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning
Ordinance, are found as follows:
1. Relationship to the specific policies and provisions of the municipal comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving the property.
8. The impact upon existing public services and facilities including parks, schools, streets,
and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained herein (i.e.,
parking, loading, noise, etc.).
Comment: The Planning Commission should comment if any of these criteria will be at
odds with the Planned Unit Development Amendment proposed for the site. The
reduced setback will not negatively impact any of the above criteria. City Staff does not
see any issues with the request.
3
Grading and Drainage. A grading plan has been provided as part of the submittals.
The City Engineer shall review and approve all of the grading and drainage plans. The
City Engineer has provided a letter that is found as an Exhibit 6.
Easements. No existing easements will be impacted, nor new easements are required
with this request.
CONCLUSION I RECOMMENDATION
Upon review of the request for a Planned Unit Development to allow a reduced front
yard setback from 30 feet to 25 feet for Lot 10, Palmer Station located at 5613 Oak
Cove North, City staff recommends the application with the following conditions:
1. The final grading and drainage for the lot shall be subject to approval of
the City Engineer.
2. Any other conditions of the Planning Commission, City Council and City
Staff.
pc: Julie Hultman
4
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Revisions:
N Certificate of Survey for: , ; 61;w 18oX2h �
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(per recorded plot) Top of Foundation Elevation: 959.5
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Bearings shown are assumed NOTES:
f1. Proposed buiiding site grading is In accordance with the
j GRAPHIC SCALE grading plans prepared by Elan Design Lab, lost revised
0 15 30 60 8/23,18
2. Contractor must verify sewer depth.
j 3. Driveways shown are for graphic purposes only. Finol driveway
1 design and location to be determined by owner/builder.
i (IN FEET) 4. All buildingfoundation dimensions shown on this survey
i (8.5x14 sheet) include exerior foundation insulation widths, If applicable.
1786 17708.010 GJS Refer to final building plans for foundation details.
1
CARLS4NI hereby certify to Creative Homes, Inc. that this survey, plan or report was
-` prepared by me or under my direct supervision and that I om a duly licensed land
.\: . k�� 4ni y, /i' surveyor under the laws of the State of Minnesota.
• 1W.;Ja.,„t1,•y,4e1.n..„0, ,v,,,,,,, ,,!a,:, Dated this 30th day of October, 2020.
I Signed rijn M .c.
1 3390 r3Rlu9NT RIM ams N!
,i aAats 3a e B . '
TCL(703)4a9-7300,PAX(as}569-7358 y _
GksoN tis, Petera.1. Btomquist, L S Rse. No. 51676
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Revisions:
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0-.1CREATIVE HOMES,
INC. 3 City Cantex2-12/16/2056
4 Nei Ham 0-.111bn-�/5/2a21
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ES Denotes Existing Curb Stop Washington County. Minnesota �''`�
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(per recorded plot) Top of Foundation Elevation: 959.5
arty Denotes iron Monument Garage Slob Elevation (at door): 959.1
Bearings shown oreassumed NOTES:
+ GRAPHIC SCALE 1. Proposed building site grading is In accordance with the
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i 0 15 30 60 8/23/16
2. Contractor must verify sewer depth.
' 3. Driveways shown are for graphic purposes only. Final driveway
Ig
design and location to be determined by owner/buitder.
i (IN FEET)
1 (8.5x14 sheet) 4, All building foundation dimensions shown on this survey
include exterior foundation insulation widths, if applicable.
1786 1 7708.010 GJS Refer to find building plans for foundation details.
i •
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C ARLSON I hereby certify to Creative HomesInc. that this survey, plan or report was
prepared by me or under my direct supervision and that I am a duly licensed land
... yAI surveyor under the laws of the State of Minnesota.
ENGINEERING\S:1RVEYING\ENVIRONMENTAL Doted this 30th day of October, 2020.
Signed' N-• Ida e.
3890 PHEASANT R9O DOVE NE % i
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BLAINE,Nil 56449 By, I. / q\t
TEL(763)400.7900,PAX(MT63)480-7959 1—
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Peter J Blomquist LS. Reg. No. 51676
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Stantec Consulting Services Inc.
Stantec 733 Marquette Avenue Suite 1000,Minneepolis MN 55402-2309
March 2,2021
File: 193800151
Attention: Mr. Eric Johnson,City Administrator
City of Oak Park Heights
4168 Oak Park Blvd. N.
Oak Park Heights,MN 55082
Reference: Palmer Station: Certificate of Survey Review, Lot 10—Revised Setback
Dear Eric,
We have reviewed the certificate of survey submitted for Lot 10, Palmer Station(as revised with the new
setback, revision date 3-2-2021,attached). The survey for Lot 10 is in substantial conformance with the
approved grading plan. As a condition of the permit for this lot, include the requirement that the City be
notified when the final grading of the lot is completed(before the sod is placed)so that the grades and
drainage can be confirmed before the sod is placed.
If you have any questions or require further information,please do not hesitate to contact me.
Regards,
Stantec Consulting Services Inc.
City Engineer
Phone:812-712-2085
Lee.M an n @sta ntec.corn
c. file
Julie Hultman, Building Official
Andy Kegley, DPW
Olivia Gavic,Creative homes
Design with communityin mind
n
Revisions:
N Certificate of Survey for: No 3020= .12/16/2020
t 3 01,C44041.n1..2-12/113/Z00
it CREATIVE HOMES, INC. 4
`mens"-1/2/12/ '
House Address: House Model:
0 5613 Oak Cove North,Oak Park Heights,MN Victoria 951.0
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d / n atbrl,
Denotes Existing Tree Location / s
/ ,.✓ Denotes Existing Contour
z
sgy1° Denotes Existing Hydrant F6
p Denotes Existing Electric Box r
a Denotes Existing Television Box a8
gc
D Denotes Existing Telephone Box LEGAL DESCRIPTION: 8 >,
x Denotes Existing Light Pole Lot 10, Block 1, PALMER STATION, •b
o Denotes Existing Service
o Denotes Existing Curb Stop Washington County, Minnesota
x ooao Denotes Existing Elevation
0a. Denotes Proposed Elevation Minimum Lowest Floor Elevation: 949.0
Denotes Direction of Drainage PROPOSED BUILDING ELEVATIONS_
- Denotes Drainage & Utility Easement Lowest Floor Elevation: 951.8
(per recorded plat) Top of Foundation Elevation: 959.5
t Denotes Iron Monument Garage Slob Devotion (at door):MIL
Bearings shown are assumed NOTES:
1. Proposed building site grading is In accordance with the
I GRAPHICSCALE grading pions prepared by Elan Design Lab, last revised
t .53 60 8/23/18
I /�iS2. Contractor must verify sewer depth.
3. Driveways shown ore for graphic purposes only. Final driveway
I design and location to be determined by owner/bullder.
(IN FEET) 4. All building foundation dimensions shown on this survey
L (8.5x14 sheet) include exterior foundation insulation widths. if applicable.
1786 7708.010 GJS Refer to fhai building plans for foundation details.
CARLSONI hereby certify to Creative Homes, Inc. that this survey, plan or report was
prepared by me or under my direct supervision and that I am a duly licensed land
i C1110 MCCAI N surveyor under the lows of the State of Minnesota.
ENGINEERING\SURVEYINGENVIRONMENTAL Dated this 30th day of October, 2020.
Signed: - M -g;y c.
r 3690 PHEASANT RIDGE DRIVE Ne ,
i MITI 100
BLAINE,MN 55449 By:
E TE1(769)�BN�PAX N70)eB�>!ey omae R. Bo9uff, L 'sg. No, 40361
Peter J. Blomquist, L.S. Req. No. 51675