HomeMy WebLinkAbout2022-12-13 CC Resolution 22-12-48 RESOLUTION NO. 22-12-48
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 JENNIFER CATES PETERSON OF CATES FINE
HOMES LLC/SETAC PROPERTIES FOR A VARIANCE FROM
SUBDIVISION REGULATIONS AND PROCESS AND A VARIANCE
FROM LOT SIZE AND LOT WIDTH TO ALLOW CONSTRUCTION
OF TWO SINGLE FAMILY HOMES AT 15222 62'° STREET AND
15XXX 62' STREET BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Jennifer Cates
Peterson of Cates Fine Homes LLC/Setac Properties(Applicant) for a variance from
Subdivision Regulations and process, and variance for lot size and lot width to allow for
construction on two single family lots at 15222 62nd Street and 15XXX 62nd Street;and
after having conducted a public hearing relative thereto,the Planning Commission of Oak
Park Heights recommended that 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 Single Family District in which single family
uses and accessory detached structures are a permitted use; and
4. The site consists of one parcel at 5,382 square feet in size and another with
10,758 square feet. The property line is proposed to be moved to create two lots,one at
8,093 square feet,and the second one at 8,047 square feet. The proposed lots will not
comply with lot size and lot width requirements of the R-2 District,requiring a variance;
and
5. Section 401.15.C.1 Yard Requirements states the following: No lot, yard
or other open space shall be reduced in area or dimension so as to make such lot, yard or
open space less than the minimum required by this Ordinance, and if the existing yard or
other open space as existing is less than the minimum required, it shall not be further
reduced. No required open space provided for any building or structure shall be included
as part of any open space required for another structure. A variance for lot width and size
shall be required; and
6. Section 402.01 G. Minor Subdivisions allow for an administrative
approval if the new lots conform with the Zoning Ordinance lot size minimum standards.
In this case,the minimum standards will not be met. A variance for Subdivision process
shall be required; and
7. The setbacks, building heights and performance standards of the Zoning
Ordinance for the proposed single family dwellings will be complied with; and
8. City staff prepared a planning report dated December 1,2022,reviewing
the request and the criteria for granting variances; and
9. Said report recommended approval of the Variances subject to the
fulfillment of conditions; and
10. The Planning Commission held a public hearing at their December 8,
{ 2022, meeting,took comments from the applicants and public, closed the public hearing,
and recommended that the application be approved 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 Jennifer Cates Peterson of Cates Fine Homes
LLC/Setac Properties (Applicant)for a variance from Subdivision Regulations and
process, and variance for lot size and lot width to allow for construction on two single
family lots at 15222 62nd Street and 15XXX 62nd Street and affecting the real property as
follows:
SEE ATTACHMENT A
Be and the same as hereby approved the City Council of the City of Oak Park Heights
with the following conditions:
1. The landscape plans are subject to review and comments of the City Arborist.
2. The final grading, drainage and utility plans shall be subject to the review and
approval of the City Engineer.
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r 3. The proposed single family dwellings shall be consistent and similar in style to
what was proposed as part of the application packet.
Approved by the City Council of the City of Oak Par eights this 13th day of
December 2022.
dg 4.
IJL 1
'M ". " be , Mayor
ATTEST:
Eric A. Johnso , (ity Administrator
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ATTACHMENT A
t.*
Variance for Subdivision Process
And
Variance for Lot Size& Width
Cates Fine Homes LLC/Setac Properties
15222 and 15XXX 62°d St.N.
Washington County Property Identification Numbers: 34.030.20.32.0143
34.030.20.32.0144
Legal Description: Lots 29-31,Block 16,McKenty's Addition to Stillwater
Physical Address: 15222& 15XXX 62nd St.N.
ATTACHMENT B
e
Variance for Subdivision Process
And
Variance for Lot Size& Width
Cates Fine Homes LLC/Setac Properties
15222 and 15XXX 62nd St. N.
Application Materials
• Application Form
• Fees (applicable)
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing&Recommendation: December 8, 2022
Required Approvals:
Planning Commission Majority Vote
City Council Majority Vote
Variance -Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request,the variance 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 variance. An application
to extend the approval of a variance shall be submitted to the Zoning Administrator not less than
thirty(30)days before the expiration of said approval. (401.04.C.4.1 and 2)