HomeMy WebLinkAbout2002-11-26 CC ResolutionRESOLUTION No.
OF THE
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 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
BE APPROVED WITH CONDITIONS
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 recommended that
the application be approved with conditions. The City Council of the City 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:
and
SEE ATTACHMENT A
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
and
SEE ATTACHMENT B
3. The subject property is zoned R-1, Single Family Residential; and
4. The Zoning Ordinance, Section 401-15J requires that the relocation of any
building or structure over one hundred twenty (120) square feet onto another lot within the Cit
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 d, 2002 reviewing the
request; and
approved; and
7. The report dated November 5, 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
recommended that the application be approved subject to 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 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 City Council 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 approved by the City Council of the City of oak Park Heights
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 Arborist.
3. A performance security is provided to the City as specified in Section 40 1.08 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.
Approved by the City Council of the City of Oak Park Heights this 26"' day of November
2002.
rJ (r /f T
/ i -'
David Beaudet, Mayor
ATTEST:
Jud A7olstacting City Administrator
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