HomeMy WebLinkAbout2003-12-19 WC Recorded Document #1140339Return to:
ECKBERG, LAMMERS, BRIGGS, WOLFF
& ■ IERLING, F. LL. •
Attn: Mark J. Vierling
1835 Northwestern Avenue
Stillwater, Minnesota 55082
(651) 439 -2878
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NOTICE OF CERTIFICATION
1140339
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Office of the
Registrar of Titles
Washington County, MN
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Certified flied and/or recorded on:
2003/12/19 3 :39 :00 PM
1140339
Certificate #: 57508
Book #: 183 Page #: 27
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Cindy Knosmenn
Registrar of Titles
Planners File No. 798.07 -03.01 Date Issued September 23, 2002
Legal Description: (Washington County Plat - Parcel No. 04.029.20.21.0010)
See Attached Exhibit A
Owner: J. Michael and Carolyn L. Dvorak
Address: 5898 Olinda Ave. No
Oak Park Heights, MN 55082
Present Zoning District: R -
Variance Requirements set forth in Ordinance 401 Section 401.04A.
I. VARIANCE PERMIT FOR:
A. The application submitted for the purpose of obtaining a variance from the rear yard setback of
8.0 feet for the construction of a screen porch and deck to be attached to the principal structure and affecting the
real property as described above is granted:
1. The real property affected by said application is legally described as follows, to wit:
SEE ATTACHED EXHIBIT A;
and
2. The applicants have submitted an application and supporting documentation to the
Community Development Department;
and
CITY OF OAK PARK HEIGHTS
VARIANCE AND CONDITIONAL USE PERMITS
FOR
J. MICHAEL AND CAROLYN L. DVORAK
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
i. Denial of the variance may deprive the applicant of rights enjoyed by other properties in the
neighborhood.
2. Reference documents:
a. 07/23/03 Application on file with the Community Development department of the City of Oak
Park Heights and related Planners Reports
Date:
Date: 7C
Date:
Date:
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
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By
det, Mayor
En ohnson
C Administrator
By
41111....
r ,L
J. Michael Dvorak
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY