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Home My WebLink About2003-09-23 CC Resolution #03-09-46A RESOLUTION ESTABLISHING FINDINGS OF FACT AND APPROVAL BY THE CITY COUNCIL FOR THE REQUEST BY J. MICHAEL AND CAROLYN DVORAK FOR A REAR. YARD SETBACK VARIANCE FOR PROPERTY LOCATED AT 5898 OLINDA AVENUE NORTH WHEREAS, the City of Oak Park Heights has received a request from J. Michael and Carolyn Dvorak for a rear yard setback variance for property located at 5898 Olinda Avenue, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved. The City Council of the City of Oak Park Heights makes the following findings of fact: follows, to wit: CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA 1. The real property affected by said application is legally described as SEE ATTACHMENT A; and 2. The applicants have submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B; and RESOLUTION NO. 0 3 0 - 6 3. The subject property is zoned R-2, Low and Medium Density Residential which establishes a minimum rear yard setback of 30 feet; and 4. The applicants are proposing to construct an attached screen porch (resulting in a variance of eight feet), and 5, The City staff prepared a planning report dated August 5, 2003 and memorandum dated September 4, 2003 reviewing the request and recommended that the request be denied; and 6. The Planning Commission held a public hearing at their September 11, 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended approval of the variance request based on the following findings: a. The subject property is unique in regard to its shallowness. b. The physical constraints of the property are not a result of actions by the applicants. c. Alternative locations for the proposed home addition are not practical. d. The property's excessive front yard setback results in a limited rear yard area. e. The porch, as designed, requires the minimum variance necessary to accomplish the intended purpose of the applicant. f. The porch and necessary variance does not create an inconvenience to neighboring properties. Surrounding property owners have indicated support for the variance. g. The property was originally developed under Baytown Township/Washington County standards, not under the zoning requirements of the City of Oak Park Heights. h. The special circumstances related to the east rear yard setback do not result from the actions of the applicant. Denial of the variance may deprive the applicant of rights enjoyed by other properties in the neighborhood. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by J. Michael and Carolyn Dvorak for an eight foot variance from the required 30 foot rear yard setback affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval. Approved by the City Council of the City of Oak Park Heights this 23 September 2003. David ia,Mayor { 280') 1 )V0P-1 44 - • EXHIBIT A All that part of the Northeast Quarter of the Northwest Quarter (NEI /4 of NW1/4) of Section Four (4) , Township Twenty -nine (2 9) , Range Twenty (20) West described as follows: Beginning at the intersection of the South right-of-way lime of State Trunk Highway No. 212 and the West line of the Northeast Quarter of Northwest Quarter (NE1/4 of NW1/4) of said Section Four (4) , and running thence East on the South right-of-way line of State Trunk Highway No. 212, a distance of Five hundred forty -two (542) feet to an iron pipe, thence South and parallel With the West line of the' Northeast Quarter of the Northwest Quarter (NEI /.4 of NW1/4) of said Section Four (4) , a distance of Two hundred fifty feet (250') to the place of beginning of the following described tract, thence South and parallel to the West line of the Northeast Quarter of the Northwest Quarter (NEI /4 of N 1 /4) of said Section Four (4) , a distance of One hundred feet (I00'), thence East and parallel with the South right -of- -way line of State Trunk Highway No. 212, a distance of One hundred feet (10 0') , thence North and parallel with the West line of the Northeast Quarter of the Northwest Quarter (NEI /4 of NW1/4) of said Section Four (4) , a distance of One hundred feet (100') , thence West and parallel with the South right-of-way line of State Trunk Highway No. 212, to the place of beginning, subject to power line easements of record, Grantee in Accepting this deed agrees and covenants that said tract shall not be used for commercial purposes. Also an easement for purposes of ingress to and egress from said tract of land over and across the following parcels of land in the Northeast Quarter of the Northwest Quarter (NEI /4 of NW1 /4) of said Section Four (4) 1. A tract Thirty feet (30') in width from East to West and Two hundred eighty feet (280') in length from North to South, the West line of which is located as follows: Beginning at a point in the South right-of-way line of said Trunk Highway No. 212, Eight hundred seventy-two feet (872') East of the West line of the Northeast Quarter of the Northwest Quarter (NE1 /4 of NW1/4) of said Section Four (4) and running thence South and parallel with the West line of the Northeast Quarter of the Northwest Quarter (NE1 /4 of NW1 /4) of said Section Four, Two hundred eighty feet 2. A tract Thirty feet (30') in width from North to South and Two hundred feet (200') in length from East to West, the South line of which is located as follows: Beginning at a point Two hundred eighty feet (280') South of the South right-of-way line of said State Trunk Highway No. 212, and Eight hundred seventy-two feet (872') East of the West line of the Northeast Quarter of the Northwest Quarter (NE1 /4 of NW1/4) of said Section Four (4) and running thence West and parallel with the said South right-of-way Two hundred feet (2 0 0 ' ) Continued on next page 0105220911 0105220911 EXHIBIT A LJNTINUED ' 3. A tract Thirty feet (30') a.n width fr om East to West and One hundred feet (100') in length from North to South, the West line of which is located as follows: Beginning at a point Two hundred fifty feet (250') South f the South right-of-way -of -wa line of said State Trunk Highway No. 212 a g' �' and Six hundred forty-two feet . (542') East of the West line of the Northeast Quarter of the Northwest Quarter (NE1 /4 of Nw1 /4) of said Section Four (4) and running thence South and parallel with the said West line of the said Northeast Quarter of the Northwest Quarter (NEI /4 of NW1/4) of said Section Four (4) , One hundred feet (100') That said easements shall be used by grantee in common with grantors and subsequent uent urchasers of other tracts of land grantee and others now owned by grantors and is given for the purpose of providing a roadway g . connecting with said Highway No. 212. Grantee agrees to join with township in conveying his easement in said tracts to the p or other governing overnin municipal corporation for the purpose of establishing a public roadway over and across said tracts at such time as said municipal corporation will accept said tracts for such purpose. .1 ATTACHMENT B Rear Yard Setback Variance 5898 Olinda Ave. N. J. Michael and Carolyn Dvorack 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 (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: July 30, 2003 Required Approvals: Variance Planning Commission 3/5 City Council 415 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 this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .'1 — 401.4.C.2)