HomeMy WebLinkAbout2004-02-24 CC Resolution (unsigned) •
RESOLUTION NO.
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 S & C BANK FOR A MINOR SUBDIVISION
AND AMENDED PLANNED UNIT DEVELOPMENT TO CREATE A
TWO UNIT CONDOMINIUM FOR 5795 MORNING DOVE AVENUE
NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from S & C
Bank for a minor subdivision and amended planned unit development to create a two unit
condominium for 5795 Morning Dove Avenue 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
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 subject site is zoned B -3, Highway Business/Warehouse and was
approved as part of a planned unit development for the Oak Park Station in December 2001; and
4. City staff prepared a planning report dated February 5, 2004 reviewing the
request for the minor subdivision and amended planned unit development; and
5. Said report recommended approval of the minor subdivision and amended
planned unit development subject to the fulfillment of conditions; and
6. The City Attorney submitted a letter dated January 29, 2004 outlining
conditions of approval for the project; and
• • •
7. The Planning Commission held a public hearing at their February 12, 2004
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved subject to the fulfillment of 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 S & C Bank for a minor subdivision and amended planned
unit development to create a two unit condominium for 5795 Morning Dove Avenue
North, and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved the City Council of the City of Oak Park Heights subject to
the following conditions:
1. The applicant produce either a title opinion or a title commitment or other verification of
the status of current title, depicting current fee owner and outstanding liens and
encumbrances against the building and property subject to review and approval of the
City Attorney.
2. The applicant supply mylars relative to the Common Interest Community #235 that they
wish to create, with appropriate places for signatures of current owner and encumbering
interest against the property, in addition to the other statutory executions that need to be
on that plat. The plat shall be subject to review and approval of the City Administrator
and City Attorney.
3. The applicant has informed us that, notwithstanding the condominiumization of the
building, they do not intend to have separate utilities to Unit 101, which is being created
by the condominium and minor subdivision application. Thus, a condition of the
application will have to be that the fee owner of Unit 100 and their successors, heirs and
assigns will be directly responsible to the City of Oak Park Heights for payment of all
outstanding utilities relative to the property, it being understood that the City will not
have to create a separate billing entity or item for Unit 101, within its database, for utility
billings.
4. The applicant shall provide a completed, fully executed copy of a Common Interest
Community #235 declaration, in substantially the same form as provided to the City, as
part of the final permitting, subject to approval of the City Attorney. That document will
also have to be amended to reflect that all utility billings for the City of Oak Park Heights
will be billed directly to Unit 100, who will then prorate or collect from Unit 101, its fair
share of such billings. Not withstanding that process, Unit 100 will be solely and
exclusively responsible to the City of Oak Park Heights for payment of all municipal
utility billings incurred on the premises.
2
•
5. Any changes to the signage shall require submittal of a sign permit, subject to review and
approval of the Building Official.
6. The landscaping shall be inspected by the City Arborist in June of 2004. Any trees or
shrubs that are dead or diseased, as determined by the City Arborist, shall be replaced by
the applicant with similar, healthy plant materials subject to review and approval of the
City Arborist.
Approved by the City Council of the City of Oak Park Heights this 24 day of February
2004.
David Beaudet, Mayor
ATTEST:
Eric A. Johnson, City Administrator
3