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HomeMy WebLinkAboutFully Executed Document & Notice of CertificationNOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: van'ance & Con&tional Use Pear is For J. Michael & Carolyn L. Dvorak .5895 O nda Ave. X with the original thereof on file at the offices of the City of oak Park Heights, and that the same is a f i , true and complete copy of said document - within the files of the City of oak Park Heights. WITNESS my hand and the seal of the City of Oak Park Heights, this 9th day of December, 2003. VAFA"j, VARIANCE AND CONDITIONAL USE PERMITS F6 V,- Planners File No. 798.07-03.01 Le Description: (Washin Count Plat-Parcel No. 04.029,20.2 1.0010) See Attached Exhibit A Owner: J. Michael and Carol L. Dvorak Address* 0 5898 Olinda Ave. No Oak Park Hei MN 55082 Present Zonin District: R-2 Variance Re set forth in Ordinance 401 Section 401.04A. 0 I. VARIANCE PERMIT FOR, Date Issued September 23, 2002 A. The application submitted for the purpose of obtainin a variance from the rear y ard setback of 8.0 feet for the construction of a screen porch and deck to be attached to the principal structure and affectin the real propert as described above is g ranted: I . The real propert affected b said application is le described as follows, to wit: SEE ATTACHED EXHIBIT A and 2. The applicants have submitted an application and supportin documentation to the Goan -nunit Development Department and 3. The subject propert is zoned R-2, Low and Medium Densit Residential which establishes a minimum rear y ard setback of 30 feet; and 4. The applicants are proposin to construct an attached screen porch (resultin in a variance of ei feet), and 5. The Cit staff prepared a plannin report dated Au 5, 2003 and memorandum dated September 4, 2003 reviewin the re and recommended that the re be denied and 6. The Plannin Commission held a public hearin at their September 11, 2003 meetin took comments from the applicants and public, closed the public hearin and recommended approval of the variance re based on the followin findin a. The subject propert is uni in re to its shallowness. b. The ph constraints of the propert are not a result of actions b the applicants. C. Alternative locations for the proposed home addition are not practical. d. The propert excessive front y ard setback results in a limited rear y ard area. e. The porch, as desi re the minimum variance necessar to accomplish the intended purpose of the applicant. f. The porch and necessar variance does not create an inconvenience to nei properties. Surroundin propert owners have indicated support for the variance. 9. The propert was ori developed under Ba Township/Washin Count standards, not under the zonin re of the Cit of Oak Park Hei h. The special circumstances related to the east rear y ard setback do not result from the actions of the applicant. i. Denial of the variance ma deprive the applicant of ri enjo b other properties in the nei 2. Reference documents: a. 07/23/03 Application on file with the Communit Development department of the Cit of Oak Park Hei and related Planners Reports IN WITNESS WHEREOF, the parties have set forth their hands and seals. .- 10-- lq-03 Date Date: 0077 Date: ,�� /� � � Date: 4,cJ �D1� Carol L. Dvorak B Z 17 J. Mich el bvorak EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY "4",4b 11491eA A EXHIBIT A All that part of the Northeast Quarter of the Northwest Quarter (NE1/4 of NW1 4 ) of Section Four (4) , Township Twenty --nine (29), Range Twenty (2 0 ) West described as follows: Beginning at the intersection of the South right-of-way line of State g : Trunk Highway No. 212 and the west line of the Northeast Quarter of g y Quarter (NE1 /4 of N�i�]'1 /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 t 542 feet to an iron. pipe, thence South and p arall.el v41'th the west line of the Northeast Quarter of the Northwest Quarter (NEB. /4 of NWI /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 (NE1 /4 of NW1 ) of said Section Four ( 4) , a distance of one hundred feet ( 100' ) , thence East and parallel with the South right-of-way line of State Trunk Highway No. 212 a distance of one hundred feet ( l00') , thence North and parallel with the West line of the Northeast Quarter of the Northwest Quarter (NEI /4 of 4 of said Section Four (4) , a distance of one hundred feet ( 100' , � �. / � w Trunk Nest and parallel with the South right-of-way lin e of State Trun Highway No. 212, to the place of beginning, subject to power l ine g Y 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 14) of said Section Four (4 ) 1 A tract Thirty feet (3 0' i n width from East to west and Two hundred eighty feet (280') in length from North to South, the We line of which I located as follows: Beginning at a point in the South right l ine 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 NEI 4 of NWl 4) of said Section Four (4 ) and running thence South and parallel with the West line of the Northeast Quarter of the Northwest Q uarter (NEI /4 of NW1 /4) of said Section Four, Two hundred eighty feet (280') 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 (NEB. /4 of NW1 /4) of said S ection Four (4) and running thence west and parallel with the said South r ight-of-way Two hundred feet (200') Continued an next page 0105220911 EXHIBIT A 0105220911 3. A tract Thirty feet ( 3 0 3 in width from East to West and one hundred feet { 10 0 ' } 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 of the South right-of-way line of said State Trunk Highway No. 212 and Six hundred forty --two feet ( 642') East of the West line of the Northeast Quarter of the Northwest Quarter (NE1 /4 of NW1 14 ) 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 (NE1 /4 of NW1 /4 ) of said Section Four (4) , One hundred feet ( x.00' ) That said easements shall be used by grantee in common with grantors and subsequent purchasers of other tracts of land now owned by grantors and is given for the purpose of providing a roadway for grantee and others connecting with said Highway No. 212. Grantee agrees to join with grantors in conveying his easement in said tracts to the township or other governing 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.