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HomeMy WebLinkAbout2002-11-14 PC Recommending Resolutionand and request; and A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY STEVEN BERRES FOR A CONDITIONAL USE PERMIT AND VARIANCE TO ALLOW AN EXISTING DETACHED SINGLE FAMILY HOME TO BE RELOCATED TO 5674 PERKINS AVENUE NORTH SHOULD BE APPROVED WITH CONDITdONS WHEREAS, the City of Oak Park Heights has received a request from Steven Berres for a conditional use permit and rear yard setback variance to allow an existing detached single family home to be relocated to 5674 Perkins Avenue North and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B 3. The subject property is zoned R -1, Single Family Residential; and 4. The Zoning Ordinance, Section 401 .15 . J requires that the relocation of any building or structure over one hundred twenty (120) square feet onto another lot within the City be subject to review and approval of a conditional use permit; and 5. The requested variance is to allow an encroachment of 11.1 feet into the required rear yard setback of 30 feet; and 6. The City staff prepared a report dated November 6, 2002 reviewing the approved; and 7. The report dated November 6, 2002 recommended the request be 8. The Planning Commission held a public hearing at their November 14, 2002 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Steven Berres for a conditional use permit and rear yard setback variance to allow an existing detached single family home to be relocated to 5674 Perkins Avenue North and affecting the real property as follows: SEE ATTACHMENT A B. The Planning Commission of the City of Oak Park Heights makes the following findings of fact related to the rear yard setback variance: 1. The location of existing mature trees along 57 Street, which is considered the front yard, provides for limited area for a driveway location. 2. The existing structure, because of its dimensions, will only fit on the lot as proposed with the front facing Perkins Avenue. 3 The 11.1 foot variance is the minimum variance necessary to allow placement of the house on the property. C. Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval subject to the following conditions: 1. Upon relocation, the building shall comply with the applicable requirements of the Uniform Building Code subject to approval of the City's Building Official. 2. A site plan showing landscape improvements is submitted and approved by the City Arb o ri st. 3 A performance security is provided to the City as specified in Section 401.08 of the Ordinance, including a performance bond for grading, sodding, and landscaping of the site, the amount of which shall be set by the Building Official at the time of building permit issuance. 4. The relocated structure is ready for occupancy within eight months from the date of location on the site. 2 Recommended by the Planning Commission of the City of Oak Park Heights this 14th day of November 2002. ATTEST: Judy 1st, ting City Administrator George Vogt, Chair 3 ATTACHMENT "A" Lot 2, Block 4 Esterbrooks and Daggetts Addition 803.029.20.13.0044 Required Approvals: • initial Conditional Use Permit Planning Commission 3/5 City Council 3/5 • Amendment to Conditional Use Permit Planning Commission 4/5 City Council 4/5 Conditional Use Permit Application Process For: 49e Meeting with Staff Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11x17 Sets) • Written and Graphic Materials Explaining Proposal • Mailing List from Washington County (350) • Proof of Ownership or Authorization to Proceed • Property Tax Statement Site Development Plan, Dimension Plan, Grading Plan, Landscape Plan* *Please refer to zoning ordinance for detailed description. Information Requirement: The information required for all conditional use permit applications generally consists of the following items, and shall be submitted when requested by the City (401.03 --5). 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 ( months after the date of approval, unless the property owner or applicant has substantially started the construction of -any building 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 -7). ATTACHMENT "A" Lot 2, Block 4 Esterbrooks and Daggetts Addition 803.029.20.13.0044