HomeMy WebLinkAbout2004-06-22 Variance CITY OF OAK PARK HEIGHTS
VARIANCE PERMIT
FOR
LARRY W. PHILLIPS
Planners File No.798.07-04.01 Date Issued June 22,2004
Legal Description: (Washington County Plat-Parcel No.0302920310005)
See attached exhibit
Owner: Lany W.Phillips
Address: 5272 Stagecoach Trail
Oak Park Heights,MN 55082
Present Zoning District: I-Industrial
Site Requirements set forth in Ordinance 401 Sections 401.15 A.7,401.15.c.and 401.32
I. VARIANCE PERMIT FOR:
A. The application submitted by Larry W.Phillips for a variance permit to allow the reconstruction
of his home damaged over 50%by fire as a pre-existing non-conforming use in the present zone it is located is
granted subject to the following conditions:
B. The City Council of the City of Oak Park Heights makes the following findings of fact related to the
variance:
1. Approval of a variance from Section 401.15.A.7 of the Zoning Ordinance to allow a single family
residence to be constructed on the subject site subject to the following findings of fact:
a. The subject site has existed as a single family property before the City of Oak Park Heights
designated a Highway Business/Warehouse Comprehensive Plan land use designation or zoned
the property industrial.
b. Use of the property for industrial purposes is limited and difficult by the size of the lot and the
FILE
COPY
access/site lines for the property.
c. The hardship and need for the variance was created by an accidental fire which constitutes a
special condition or circumstance not resulting from the actions of the property owner.
d. Use of the site for a single family residence is a reasonable use of the property.
e. The 2004 Minnesota Legislature enacted legislation effective after the date of the fire which
favors reconstruction of pre-existing nonconforming structures that are more than 50 percent
destroyed.
2. Approval of the variance from Section 401.15.A.7 of the Zoning Ordinance is granted with the
following conditions being imposed thereon:
a. The structure is to be reconstructed exclusively for use as a single family dwelling.
b. The well and septic system will be tested for compliance to county standards with results
forwarded to the City before issuance of a building permit. If a new well or septic system is
required for the property, they shall be constructed and operational before a Certificate of
Occupancy is issued by the Building Official.
c. All setbacks of the applicable zoning district shall be complied with for a new structure.
d. The property shall be in compliance with floodplain regulations, and shall be subject to review
and approval of the City Engineer and Middle St. Croix Watershed District.
e. A building permit shall be issued for a single family structure on the subject site no later than
July 1, 2005 and the structure shall be completed with a certificate of occupancy issued by July
1,2006.
2. Reference documents:
a. June 3,2004 Planners Report with attachments the fmdings and content of which has been
incorporated by reference into the council variance permit.
IN WITNESS WHEREOF,the parties have set forth their hands and seals.
OAK PARK I
Date: 0Z/ L Br� el(7zi,.
Da77"Beaudet,Mayor
Date: 7 2/-U Bye,
Eri•Johnson
_';, Administrator
r
Date: �9'el _
_ ���'hi ips
LEGAL DESCRIPTION EXHIBIT
That part of the Northeast Quarter of the Southwest Quarter(NE 1/4 of SW 1/4) of Section Three
(3), Township Twenty-Nine (29) North, Range Twenty (20) West, description as follows to wit:
The South One Hundred Fifty (150) feet of the following described tract: Beginning at a point
Thirty(30)feet West of a stake which is Eighty(80)rods South of center of said Section Three(3),
and running thence West Twenty-Four (24) rods and three (3) feet, thence North Twenty-one (21)
rods and Nine and nine-tenths(9.9)feet;thence East Twenty-four(24)rods and three(3)feet;thence
South Twenty-one(21)rods and Nine and nine-tenths (9.9) feet to the place of beginning; all lying
West of County Highway No.21 as now established.