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Home My WebLink About2004-03-10 OPH Ltr to Cornerstone Land Surveying City of Oak Park Heights • 14168 Oak Park Blvd N.• Box 2007 • Oak Park Heights, MN 55082 • (651) 439 -4439 • Fax 439 -0574 March 10 2004 Mr. Dan Thurmes Cornerstone Land Surveying ,_. ,.a� 1902 South Greely Street C ' \ », ",, Suite #3 GWO Building Stillwater, MN 55082 RE: S &C Bank Mr. Thurmes, The City's Attorney and Engineer have had an opportunity to review the plat and declaration documents you have submitted to my office. A couple of items: 1) The Condominium Declaration must be revised to reflect the elements of the authorizing Council Resolution 4 -02 -12 as attached hereto. Please note that the City has not allowed 'separate' City utility meters, but that Section 4 - page 6 does include a provision for such separate meters. To institute this separate meter policy, your client would be required to FIRST apply for and receive an amendment to its PUD prior to the installation of any additional meter(s). I would advise you address this matter accordingly within the Declaration. 2) The City has still not received, as an element of the approval, a title opinion or a title commitment or other verification of the status of the current title depicting the current owner and any outstanding liens and encuunbrances. These documents are subject to the review by the City Attorney prior to the issuance of the PUD amendment. 3) The draft of the Final PIat appears to be in good order. Please contact me if you have any questio egards, ric Johnson City Adm • , or Cc: Mark Vierling Dennis Postler Julie Hultman Weekly Notes • • • k RESOLUTION NO. 0402 -12 CITY COUNCIL • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT 'flit 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'iI I<' CITY COUNCIL FOR THE CrrY OF OAK PARK HEIGHTS THAT TIiti' 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 condo•mininmi7ation 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 Ci of O A. • ark Heists this 24 da - " ebruary 2004. , {llq,1 11 • d Beau•"� ayor • TTEST: • ric A. Jo II. n, City Administrator • • • • 3 • • • ATTACHMENT B yr afr,' as Minor Subdivision & Planned Unit Development Amendment S & C Bank — 5795 Morning Dove Ave. 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) Conference. With City Staff Upon Application Submittal: .January 28, 2004. Planning Commission Public Hearing & Recommendation: February 12, 2004. Required Approvals: PUD Amendment • City Council 4/5 Planned Unit Development 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. (401.03.C.4.a and b) •