HomeMy WebLinkAbout2021-11-23 CC Resolution 21-11-34 RESOLUTION NO. 21- 1 1 -34
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 TIM O'CONNOR REPRESENTING LCI
LANDSCAPES FOR LAND RECLAMATION AND GRADING OF
OVER 25 CUBIC YARDS OF FILL MATERIAL AS PART OF
CONSTRUCTION OF A BOULDER RETAINING WALL AT 5675
NEWELL CIRCLE BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Tim O'Connor
representing LCI Landscapes to allow for land reclamation and grading of over 25 yards
of fill material per acre as part of construction of a boulder retaining wall at 5675 Newell
Circle; 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 property is zoned R-1 Single Family Residential District and a single-
family home is constructed on the site; and
4. A Conditional Use Permit is required under Ordinance 308 for grading
and the addition of fill of over 25 cubic yards of material per acre. The Applicant has
indicated the amount of fill to be added to the site is 40 cubic yards; and
5. The Applicant is proposing a boulder wall at the rear of the property and
the soil to be added will provide a more level area in the back yard; and
6. The City Engineer has indicated that the wall is to be placed in the
drainage and utility easement that extends the length of the rear property line and has
recommended the wall be placed no closer than three feet from the rear property line; and
7. City staff prepared a planning report dated November 10, 2021,reviewing
the request; and
8. Said report recommended approval of the Conditional Use Permit with the
conditions specified by the City Engineer;
9. The Planning Commission held a public hearing at their November 18,
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 by Tim O'Connor representing LCI Landscapes to
allow for land reclamation and grading of over 25 yards of fill material per acre as part of
construction of a boulder retaining wall at 5675 Newell Circle and affecting the real
property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
1. The Owner and Applicant shall comply with all provisions of Chapter 308 of the
City Code.
2. All conditions of the City Engineer's letter dated November 9, 2021, shall be
complied with, including placement of the boulder wall no closer than three feet
from the rear property line.
3. The Owner acknowledges that their project encroaches into existing public
drainage and utility easements and Owner is fully responsible for any damages,
repairs or encumbrances impacting such areas should these unreasonably interfere
with such easements. Further, the Owner acknowledges that the City is not
responsible for any damages or repairs to the Owner's improvements should the
City need to perform any maintenance or other actions deemed necessary for
public drainage or utility purposes in such areas.
4. The Owner and Applicant may not install underground stormwater piping
connecting eaves or roof downspouts to a point of discharge below the top grade
of the proposed rock wall. All stormwater structures and piping (including
2
downspouts) from such roof areas must be above grade, ensuring continued
overland drainage.
Approved by the City Council of the City of Oak Park Heights this 23rd day of
November 2021.
• 4 omber, Mayor
ATTEST ` '
Eric M74o ity Administrator
3
ATTACHMENT A
Conditional Use Permit
For
Land Reclamation& Grading
Per City Ordinance 308.08
With Regard to Rear Yard Landscaping
Washington County Property Identification Number: 05.029.20.23.0066
Legal Description: Lot 8, Block 1,Autumn Ridge 3rd Addition
Physical Address: 5675 Newell Circle N.
ATTACHMENT B
Conditional Use Permit
For
Land Reclamation& Grading
Per City Ordinance 308.08
With Regard to Rear Yard Landscaping
5675 Newell Circle N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Review& Recommendation: November 18,2021
Conditional Use Permit-Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request,the conditional use permit 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 the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not less than thirty(30)days before the expiration of said approval.
(401.03.C.4.a and b)