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Home My WebLink About2005-07-26 CC Resolution #05-07-27WHEREAS, the City of Oak Park Heights has received a request from Ronald Gullickson for a conditional use permit to expand his non - conforming three unit dwelling to a lawful four unit dwelling at 5480 Stagecoach Trail North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: follows, to wit: and and SEE ATTACHMENT B RESOLUTION NO. 05 -07 -27 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 RONALD GULLICKSON FOR A CONDITIONAL USE PERMIT TO EXPAND HIS NON - CONFORMING THREE UNIT DWELLING TO A LAWFUL FOUR UNIT DWELLING AT 5480 STAGECOACH TRAIL NORTH BE APPROVED WITH CONDITIONS 3. The subject site is zoned R -2, Low and Medium Density Residential in which multiple family structures of not more than four units may be allowed through a conditional use permit; and 4. City staff prepared a planning report dated July 6, 2005 reviewing the applications; and 5. Said report recommended that the application be approved subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their July 14, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with 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 Ronald Gullickson for a conditional use permit to expand his non - conforming three unit dwelling to a lawful four unit dwelling at 5480 Stagecoach Trail North 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 subject to the following conditions: 1) Proposed uses of additional rooms and approximate additional square footage of floor area are submitted. 2) New addition and existing structure shall be made compliant with MN State Building Code and Standards Division per section 1306.003 E 1, regarding fire sprinkler systems and MN Building Conservation Code per section 104 as required by the Building Official. 3) Wall and floor plan is submitted and subject to Building Official Approval. 4) Location of the expansion meets R -2 standards for setbacks. Permission must be granted from adjoining property owner to the north to construct retaining wall and driveway less than five (5) feet from property line. 5) Expansion construction is consistent with the architecture and materials of the existing home. 6) Landscape plan is subject to City Arborist approval. Plan must include demarcation of screening /plantings in accordance with Section 401.15.E. 7) Purchase agreement is submitted from Xcel Energy for the parcel acquisition of seven thousand five hundred and seventy five (7,575) square feet. 8) Grading & drainage plan is submitted and subject to approval of City Engineer and the Middle St. Croix Watershed District. 9) Utility plan is submitted and subject to approval of City Engineer and Public Works Director. 2 10) Construction and occupancy must be complete within nine (9) months of issuance of the conditional use permit. 11) No work may commence until all real estate parcels /lots are legally joined through the City's minor subdivision process into one unified tax parcel. This process requires the submission of a certified survey depicting the current and final property lines and final legal description. 12) A site plan shall be submitted indicating location of at least four outdoor parking spaces, in compliance with the Zoning Ordinance, subject to review and approval of City staff. AT " ST;, Approved by the City Council of the City of oak Park Heights this 26th day of July 2005. hnson, City Administrator 3 Legal Description: Attachment A Washington County GEO Code: 03 29.20.31.0007 Alt that part of the NE1 /4 of the SW % and all that part of the NW114 of the SEI /4, all in Section 3, Township 29 North, Range 20 West, Washington County, Minnesota, more particularly described as follows, to -wit: Commencing at the center of Section 3, Township29 North, Range 20 West, Washington County, Minnesota, thence Westerly along the Northerly line of said N E 1 /4 of SW 1 /4 on an assumed bearing of S 888 degrees 47'08 "W (Rec. S88degrees30'W) for 10 rods (155 feet); thence S 2 degrees 1321"E (Rec. S1 1/2degreegsW) and parallel with the East line of said N E 114 of SW 1 /4 for 72.00 feet; thence N 88 degrees 47'08 "E for 245.55 feet to the Westerly line of Stagecoach Trail North (formerly Stillwater and Point Douglas Road); thence N 13 degrees 46'08"E along said Westerly line of Stagecoach Trail No. for 74.52 feet to the North line of said NW114 of SE114; thence S 88 degrees 47'08 "W along said Northerly line NW114 of SEI/4 for 101.08 feet to the point of beginning. Physical Address: 5480 Stagecoach Trail, N. 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 (350'1150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) City Council ATTACHMENT B Conditional Use Permit Ron Gullickson- 4 -plex Residential Dwelling in R -2 Zoning District ( 5480 Stagecoach Trail, N.) Conference With City Staff Upon Application Submittal: June 29, 2005 Planning Commission Public Hearing & Recommendation: July 14, 2005 Required Approvals: CUP 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. (4O1.O3.C.4.a and b)