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HomeMy WebLinkAbout2021-04-13 CC Resolution 21-04-18 RESOLUTION NO. 21-04-18 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 FROM OLIVIA GAVIC, REPRESENTING CREATIVE HOMES FOR A PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW ALTERATIONS TO A RETAINING WALL AND GRADING FOR LOT 8, PALMER STATION LOCATED AT 5573 OAK COVE NORTH, BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow alterations to a boulder rock retaining wall and grading for Lot 8, Palmer Station located at 5573 Oak Cove North, and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended the application 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 City Council approved the request for a rezoning, Planned Unit Development, and Preliminary and Final Plat for a thirteen-lot subdivision of the Palmer property at their July 22, 2014 meeting; and 4. On July 28,2020, the City Council approved a Planned Unit Development Amendment for reduction in the front yard setback from 30 feet to 20 feet for Lot 8, Palmer Station; and 5. The Applicant has requested that the City consider alterations and expansion of the existing retaining wall and grading to allow construction of a three-car garage and to grade the site to keep proper drainage through the lot; and 6. A Planned Unit Development Amendment is required to make alterations to the retaining wall and grading; and 7. City staff prepared a planning report dated March 31,2021 reviewing the request and criteria for Planned Unit Development/Conditional Use Permit review found in Section 401.03.A.7 of the Zoning Ordinance; and 8. Said report recommends approval of the Planned Unit Development Amendment subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their April 8,2021 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 submitted for a request from Olivia Gavic,representing Creative Homes, for a Planned Unit Development Amendment to allow alterations to a boulder rock retaining wall and grading for Lot 8, Palmer Station located at 5573 Oak Cove North and affecting the real property as follows: SEE ATTACHMENT A Be the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The fmal grading and drainage and plan for the boulder rock retaining wall for Lot 8 shall be subject to approval of the City Engineer. 2. The boulder rock wall shall be constructed as per the certificate of survey dated March 4, 2021 and the wall elevation dated March 24, 2021 including the addition of the wrought iron fence as indicated. 3. The City shall be notified when the fmal grading of the lot is complete, prior to placement of sod, so that the grades and drainage can be confirmed, subject to approval of the City Engineer. 4. Any other conditions of the Planning Commission, City Council and City Staff. 2 Approved by the City Council of the Ci of Oak Park Heights this 13th day of April 2021. • 4A11"--**/ M.. ombe Mayor ATTEST. Eric A. Jo s 7 i►, Admi ': ator 3 ATTACHMENT A Planned Unit Development Amendment Allowing Alterations To A Retaining Wall And Grading Lot 8 Palmer Station 5573 Oak Cove N. Washington County Parcel ID Numbers: 04.029.20.23.0098 Legal Description: Lot 8, Block 1, Palmer Station ATTACHMENT B Planned Unit Development Amendment Allowing Alterations To A Retaining Wall And Grading Lot 8 Palmer Station 5573 Oak Cove N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(350'/150' from subject property) Planning Commission Public Hearing&Recommendation:April 8, 2021 Required Approvals: PUD Amendment City Council 4/5 PUD Amendment: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve(12)months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e)