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HomeMy WebLinkAbout06-07-34 RESOLUTION NO. 06 -07 -34 • 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 THE STILLWATER AREA HIGH SCHOOL FOR AN AMENDMENT TO THE EXISTING CONDITIONAL USE PERMIT TO ALLOW INSTALLATION OF A SOCCER REBOUND WALL WITHIN THE ATHLETIC FIELDS OF THE SCHOOL CAMPUS BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from the Stillwater Area High School for an amendment to the existing conditional use permit to allow installation of a soccer rebound wall within the athletic fields of the school campus; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved without 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 original conditional use permit for the High School was approved December 10, 1991. Revisions to the original site plan or buildings requires an amended conditional use permit; and 4. City staff prepared a planning report dated June 27, 2006 reviewing the request for the amended conditional use permit; and 5. The June 27, 2006 planning report recommended approval of the amended conditional use permit without conditions; and • 6. The Planning Commission held a public hearing at their July 13, 2006 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved without 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 the Stillwater Area High School for an amendment to the existing conditional use permit to allow installation of a soccer rebound wall within the athletic fields of the school campus and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights without conditions. Approved by the City of Oak Park Heights of the City of Oak Park Heights this 25 day of July 2006. • David Beaudet, Mayor A ES i /Johnson, City Administrator • 2 ATTACHMENT A Washingoton Countv GEO Code: 06.029.20.41.0002 Leeal Description: That part of the Northeast Quarter of Section 6, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Beginning at the Northeast corner of the South 496.00 feet of said Northeast Quarter, as measured at a right angle to the South line of said Northeast Quarter; thence South 88 degrees 45 minutes 42 seconds West, assumed bearing, along said North line 2342.42 feet to the center line of Trunk Highway 5, as presently located and traveled; thence North 34 degrees 17 minutes 12 seconds East along said center line 536.45 feet; thence South 55 degrees 42 minutes 48 seconds East 278.00 feet to the North line of the South 771.07 feet of said Northeast Quarter, as measured at a right angle to said South line; thence North 88 degrees 45 minutes 42 seconds East along said North line 1800.79 feet to the East line of said Northeast Quarter; thence South 02 degrees 00 minutes 03 seconds East along said East line 275.07 feet, more or less, to the point of beginning, containing 14.79 acres, more or less. Subject to Trunk Highway 5 along the Northwesterly 78.00 fee thereof and subject to restrictions and easements of record. Together with an easement for the purpose of construction, installation, maintenance and • repair of utilities under, upon and over the Easterly 30 feet, as measured at right angles to the Easterly line thereof of the following described property: That part of the Northeast Quarter of Section 6, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Beginning at the Northeast corner of the South 771.07 feet of said Northeast Quarter, as measured at a right angle to the South line of said Northeast Quarter; thence South 88 degrees 45 minutes 42 seconds West, assumed bearing, along aid North line 1800.79 feet; thence North 55 degrees 42 minutes 48 seconds West 278.00 feet to the center line of Trunk Highway 5, as presently located and traveled; thence North 34 degrees 17 minutes 12 seconds East along said center line 1185.28 feet to the South line of the North 801.66 feet of said Northeast Quarter as measured at a right angle to the North line of said Northeast Quarter; thence North 89 degrees 54 minutes 56 seconds East along said South line 1383.19 feet to said East line of the Northeast Quarter; thence South 02 degrees 00 minutes 03 seconds East along said East line 1017.03 feet to the point of beginning, containing 41.20 acres, more or less. Subject to Trunk Highway 5 along the Northwesterly 78.00 fee thereof and subject to restrictions and easements of record. • -1- AND That part of the West Half of the Southwest Quarter of Section 5, that part of the Southeast Quarter of Section 6, that part of the Northeast Quarter of the Southwest Quarter of said Section 6, that part of the Southeast Quarter of the Northwest Quarter of said Section 6 and that part of the Northeast Quarter of Said Section 6 all in Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the southeast corner of said West Half of the Southwest Quarter of Section 5; thence North 01 degree 48 minuets 09 seconds West, assumed bearing, along the East line of said West Half of the Southwest Quarter a distance of 1733.20 feet to the point of beginning; thence South 89 degrees 50 minutes 41 seconds West parallel with the South line of said West Half of the Southwest Quarter a distance of 1325.39 feet to the Westerly line of said West Half of the Southwest Quarter; thence South 88 degrees 54 minutes 15 seconds West parallel with the South line of said Section 6 a distance of 3332.47 feet to the center line of Old Trunk Highway 212 as located and traveled in 1923; thence North 33 degrees 26 minutes 30 seconds East along said center line 996.03 feet; thence North 34 degrees 17 minutes 12 seconds East along said center line 100.41 feet to the North line of said Northeast Quarter of the Southwest Quarter; thence South 88 degrees 45 minutes 42 seconds West along the said North line 3.69 feet to the center line of Trunk Highway 5 as presently located and traveled; thence North 34 • degrees 17 minutes 12 seconds East along said center line 609.44 feet to the North line of the South 496.00 feet of said Northeast Quarter; thence North 88 degrees 45 minutes 42 seconds East along said North line 2342.42 feet to the East line of said Northeast Quarter; thence South 02 degrees 00 minutes 03 seconds East along said East line 496 feet, more or less, to the Northwest corner of said West Half of the Southwest Quarter; thence North 89 degrees 46 minutes 17 seconds East along the North line of said West Half of the Southwest Quarter a distance of 1324.32 feet to the Northeast corner of said West Half of the Southwest Quarter; thence South 01 degrees 48 minutes 09 seconds East along said East line of the West Half of the Southwest Quarter a distance of 910.86 feet to the point of beginning. • -2- ATTACHMENT B 4� Conditional Use Permit Amendment Stillwater Area High School (ISD #834) Soccer Rebound Wall City File No. 06 -06.09 / NAC File No. 798.02 -06.07 Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Planning Commission Public Hearing & Recommendation: July 13, 2006 • Required Approvals: CUP Amendment City Council 4/5 Conditional Use Permit - 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 (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) CUP Amendment: An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include reapplication for permits that have been denied, requests for substantial changes in conditions or expansions of use, and as otherwise described in City of Oak Park Heights Zoning Ordinance 401. (401.03.C.5) •