HomeMy WebLinkAbout2022-09-27 CC Resolution 22-09-33 RESOLUTION NO. 22-09-33
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF APPROVAL OF THE CITY COUNCIL THAT
THE REQUEST BY RICK NELSON FOR A CONDITIONAL USE
PERMIT TO ALLOW A CURB CUT OF MORE THAN 24 FEET
AND LIMITED TO 30 FEET IN WIDTH AT 15242 64TH STREET
NORTH BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request by Rick Nelson
(Applicant) for a curb cut of more than 24 feet at 15242 64th Street North; and after
having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights recommended the application be approved 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-2 Low and Medium Density Residential District
in which single family and two-family dwellings and accessory structures are a permitted
use; and
4. Section 401.15.F.4.h.8 of the Zoning Ordinance states the following:
Curb Cut Size. No curb cut access shall exceed twenty four feet(24)in width,or thirty
two feet(32)when accessing a State highway, except by conditional use permit; and
5. The driveway is now ready to be completed and the Applicant has
requested a 60 foot curb cut; and
6. A surmountable curb is in place along the length of the property. The site
plan provided by the Applicant indicates that the proposed driveway will extend along
the entire length of the garage to the property line; and
7. The air photo of the site shows that the right of way of 64th Street is 60
feet wide. The property line is 6.2 feet from the front of the house and 22.7 feet from the
front of the garage. The area of the boulevard from the property line to the curb of 64th
Street is approximately 17 feet. A significant portion of the proposed driveway will be
on City right of way; and
8. City staff prepared a planning report dated September 1, 2022,reviewing
the request; and
9. Said report recommended approval of the Conditional Use Permit with the
condition that a maximum of a 30 foot curb cut be allowed at the front of the garage. Said
recommendation was subject to the fulfillment of conditions; and
10. The Planning Commission held a public hearing at their September 8,
2022,meeting, took comments from the applicants and public, closed the public hearing,
and recommended the application with conditions including limiting the curb cut on 64th
Street to 30 feet.
11. The City Council, at their September 27,2022, meeting considered and
accepted a curb cut of 48 feet with a minimum boulevard of 12 feet in width and 15 feet
in depth from the curb of 64th Street.
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 Rick Nelson for a curb cut of more than 24 feet at
15242 64th Street North.
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 City Engineer will review and approve the drainage for the site and
placement of the driveway.
2. The final curb cut, and driveway design shall be subject to approval of
City Staff. The curb cut shall be limited to no more than 48 feet in width.
3. An area of boulevard, at least 15 feet in depth from the curb of 64th Street
shall be planted with grass and landscaping to include substantial bushes
2
and/or trees (not including gravel, pavers, or other drivable hard surface)
and maintained from the west property line to the curb cut of the
driveway.
Approved by the City Council of the City of Oak Park Heights this 27th day of
September 2022.
. M 'omber, Mayor
ATTEST: /
1/7
Eric • oy, City Administrator
3
I
ATTACHMENT A
Conditional Use Permit
To Allow
A Curb Cut More Than 24-Feet
And Limited To 30-Feet In Width
Rickie Nelson
15242 64th St. N.
Washington County Property Identification Number: 34.030.20.32.0152
Legal Description: Lot 1, 2 &3, Block I and Lot 31, Block 1,McKenty's Addition
ppi
1
ATTACHMENT B
Conditional Use Permit
To Allow
A Curb Cut More Than 24-Feet
And Limited To 30-Feet In Width
Rickie Nelson
15242 64th St. N.
Application Materials
• Application Form
• Fees
• Written Narrative and Graphic Materials Explaining Proposal
€' • Plan Sets
• Proof of Ownership or Authorization to Proceed
Planning Commission Review &Recommendation: September 8, 2022
Conditional Use Permit:
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)
s
I