HomeMy WebLinkAbout12-07-27 RESOLUTION NO. 12 -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 THE PORT OF SUNNYSIDE CLUB, INC. FOR A
CONDITIONAL USE PERMIT AND VARIANCE TO ALLOW FOR
CONSTRUCTION OF EIGHT SHADE STRUCTURES AT
SUNNYSIDE MARINA LOCATED AT 6413 ST. CROIX TRAIL
NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from the Port of
Sunnyside Club, Inc. for a Conditional Use Permit and Variance to allow for construction
of eight shade structures at Sunnyside Marina located at 6413 St. Croix Trail North; and
after having conducted a public hearing relative thereto, the Planning Commission of Oak
Park Heights recommended that the application be approved with conditions. The City
Council of the City of Oak Park Heights 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 property is zoned R -3 Multiple Family District in which marina and
boat storage facilities are a listed conditional use; and
4. A Conditional Use Permit is required to allow the shade structures in the
River Impact District; and
5. A Variance is required in that the structures will be within the 100 foot
setback from the Ordinary High Water Level of the St. Croix River; and
6. City staff prepared a planning report dated June 6, 2012 reviewing the
request; and
7. Said report recommended approval of the Conditional Use Permit and
Variance subject to the fulfillment of conditions; and
8. The Planning Commission held a public hearing at their June 14, 2012
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL
RECOMMENDS THE FOLLOWING:
A. The application submitted by the Port of Sunnyside Club, Inc. for a Conditional
Use Permit and Variance to allow for construction of eight shade structures at Sunnyside
Marina located at 6413 St. Croix Trail North and affecting the real property as follows:
SEE ATTACHMENT A
The City Council of the City of Oak Park Heights approves the Variance subject to the
following findings of fact:
• 1. The applicants have proposed the shade structures to allow shade and
protection for the users of the eight patio areas.
2. The shade structures will not have a negative impact to the shoreline in
this highly developed area.
3. The shade structures will be painted a color that will blend with
surroundings.
4. Lack of natural shade in these areas necessitates the shade structures to
allow use of the patio areas.
The approvals are subject to the following conditions:
1. There should be no permanent or temporary lighting installed on the shade
structures.
2. No signage shall be installed on the shade structures.
3. Footings and installation of the shade structures shall require a building
is permit subject to review and approval of the Building Official.
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4. The color of the structures shall be of earth or summer vegetation tones.
5. The City Administrator may order. the structures to be removed if it is
thought that they may obstruct the flow of flood waters or become lose
and be caught up in the current.
6. The plans are subject to review and approval of the Department of Natural
Resources and any other state or federal regulating agency, if applicable.
Approved by the City Council of the City of Oak Park Heights this 10 y of
July, 2012.
ea et, ayor
ATTES
• i�
A. ohnson, City Administrator
3
ATTACHMENT A
Conditional Use Permit (CUP), Variance
Port of Sunnyside - Shade Structures
6413 St. Croix Trail N.
Washington County GEO Code: 34.030.20.31.0115
Physical Address: 6413 St. Croix Trail N.
ATTACHMENT B
Conditional Use Permit (CUP), Variance
Port of Sunnyside — Shade Structures
6413 St. Croix Trail N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s) /Legal Description(s)
Planning Commission Public Hearing & Recommendation: June 14, 2012
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. (401.03.C.4.a and b)
Variance — Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially
taken on the request, the variance 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 this variance. The property owner shall have the right to submit an application to
extend the approval of a variance to the Zoning Administrator not less than thirty (30)
days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2)