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HomeMy WebLinkAbout2025-08-26 Packet Enclosure - Extension Request °OOak Park At Gs Date:August 26, 2025 New Business TO: Mayor and City Council FROM: Jacob Rife, City Administrator AGENDA ITEM: Resolution Approving an Extension of a Conditional Use Permit and Design Guidelines/Site Plan Review at 5963 O'Dell Avenue North BACKGROUND: On August 27, 2024, the City Council adopted Resolution 24-08-27 approving the CUP and design guidelines/site plan review for the office/warehouse building at 5963 O'Dell Avenue. Per the zoning ordinance,the CUP shall become null and void 12 months after the date of approval,unless substantial construction has occurred. The applicant has the right to apply for an extension. In this situation,the applicant has submitted a request for a 1-year zoning extension of the CUP. In making its determination on whether an applicant has made a good faith attempt to utilize the CUP, the Council shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay. The applicant's letter states that the progress has been impacted by the scope and design of the planned buildout and SBA loan requirements. FINANCIAL IMPACT: • Does action require expenditure of funds? No. ACTION REQUESTED: Approve Resolution EXHIBITS • Resolution • Letter and email from the petitioner Page 57 of 61 RESOLUTION NO.25-08-25 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION APPROVING AN EXTENSION OF A CONDITIONAL USE PERMIT AND DESIGN GUIDELINES/SITE PLAN REVIEW AT 5963 O'DELLAVENUE NORTH WHEREAS,the property at 5963 O'Dell Avenue North, legally described on Attachment A of the Resolution, (the "Property") received approval of a conditional use permit ("CUP") and design guidelines/site plan review in connection with an office/warehouse building pursuant to City Council Resolution 24-08-27 on August 27, 2024; and WHEREAS, under Sec. 401.03.C.4. of the Zoning Ordinance, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use unless an extension of such permit is approved by the City Council prior to the date of cancellation; and WHEREAS, an application to extend the CUP shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval,which states the facts of the request, showing a good faith attempt to utilize the CUP, and state the additional time being requested to begin the proposed construction; and WHEREAS, in making its determination on whether an applicant has made a good fatih attempt to utilize a CUP,the City Council shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay; and WHEREAS,the applicant has submitted a request seeking an extension for the CUP due to progress being impacted by factors beyond their immediate control including the scope and design of the planned buildout and the SBA loan requirements. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Oak Park Heights hereby approves the extension requested for the CUP for the Property which shall run until August 27, 2026, subject to all conditions of the City Council Resolution 24-08-27 on August 27, 2024 that are not expressly superseded by this Resolution. Adopted by the City Council this 26th day of August 2025. Chuck Dougherty, Mayor ATTEST: Jacob Rife, City Administrator Page 58 of 61 Attachment A Address: 5963 O'Dell Ave.N., Oak Park Heights, MN Washington County Property PIN: 04.029.22.14.011 Legal Description: Lot 1, Block 1, Gregory, Garin and Grays Addition Page 59 of 61 Paul Larson Alchemy Sound and Vision 2112 Broadway St NE, Suite 115 Minneapolis, MN 55413 Phone: 612-723-2790 Email: paul@alchemysoundandvision.com July 16, 2025 City of Oak Park Heights 14168 Oak Park Blvd N Oak Park Heights, MN 55082 RE: Request for Extension of Conditional Use Permit and Placement on Upcoming City Council Agenda To the Oak Park Heights City Council and Planning Staff, I hope this letter finds you well. I am writing to formally request an extension of the Conditional Use Permit(CUP)currently granted for the property located at 5936 O'Dell Ave N, Stillwater, MN 55082. As the permit's expiration date approaches, we wish to emphasize that our progress has been impacted by factors beyond our immediate control. Specifically, the scope and design of the planned buildout, combined with SBA loan requirements, have created unavoidable delays. These circumstances have required additional time to coordinate contractors, secure necessary resources, and ensure the project is completed to the standards originally presented to the City. We remain fully committed to utilizing the CUP in good faith and moving forward with the approved plans. An extension will allow us to complete the buildout responsibly, ensuring our operations align with both city regulations and the positive contribution we intend to bring to the Oak Park Heights community. Additionally, we respectfully request that this extension request be placed on the agenda for the next scheduled City Council meeting for review and consideration. Thank you for your time and understanding. Please let us know if there are any additional documents or requirements needed to process this request. We greatly appreciate your continued support and partnership. Sincerely, Paul Larson Alchemy Sound and Vision Page 60 of 61 Jacob Rife Subject: FW:Voice mail From: Paul Larson Sent:Tuesday,August 19,2025 3:13 PM To:Jacob Rife<RRife@cityofoakparkheights.com> Subject:Voice mail Hey Jake, I got your voicemail, and yes a 1 year extension will be fine. My goal is to start late fall but if that doesn't happen then it will be early spring Paul Larson Owner Alchemy Sound &Vision 1 Page 61 of 61