HomeMy WebLinkAbout2004-06-10 PC Recommending ResolutionA RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY LARRY PHILLIPS FOR A REZONING OF PROPERTY AT
5272 STAGECOACH TRAIL NORTH FROM I, INDUSTRIAL TO
R -1, SINGLE FAMILY RESIDENTIAL DISTRICT BE DENIED
AND THAT A VARIANCE FROM SECTION 401.15.A.7
OF THE ZONING ORDINANCE TO ALLOW A SINGLE FAMILY
RESIDENCE TO BE CONSTRUCTED ON SAID PROPERTY
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Larry
Phillips for a rezoning of property at 5272 Stagecoach Trail North from I, Industrial to R -1,
Single Family Residential District and a variance from Section 401.15.A.7 of the Zoning
Ordinance to allow a single family residence to be constructed on said property; and after having
conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights
makes the following findings of fact:
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
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
SEE ATTACHMENT B
3. The subject site is zoned I, Industrial in which existing single family
residences are a non - conforming use; and
4. Mr. Phillips has requested a rezoning from I, Industrial District to R-1,
Single Family Residential District; and
5. The Comprehensive Plan designates this area for Highway Business/
Warehouse use; and
request; and
6. There is no R, Residential zoned property adjacent to the subject site; and
7. Rezoning the subject site from I, Industrial District to R -1, Single Family
Residential District would be considered spot zoning that would not be permissible under the
Zoning Ordinance of the City of Oak Park Heights; and
8. City staff prepared a planning report dated June 3, 2004 reviewing the
9. Said report recommended that the request of the applicant to rezone from
I, Industrial District to R -1, Single Family Residential District be denied; and
10. The City Building Official has determined, as outlined in a March 31,
2004 letter to Mr. Phillips, that the property was destroyed by more than fifty (50) percent of its
fair market value;
11. A variance from Section 401.15.A.7 of the Zoning Ordinance is required
to construct a single family residence on the subject site; and
12. City staff recommended that the Planning Commission consider a variance
from Section 401.15.A.7 of the Zoning Ordinance to allow a single family residence to be
constructed on the subject site which is zoned 1, Industrial District; and
13. The Planning Commission held a public hearing at their June 10, 2004
meeting, took comments from the applicants and public, closed the public hearing, and made the
following recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
Related to application submitted by Larry Phillips for a rezoning of property at 5272 Stagecoach
Trail North from I, Industrial to R -1, Single Family Residential District and a variance from
Section 401.15.A.7 of the Zoning Ordinance to allow a single family residence to be constructed
on said property and affecting the real property as follows:
SEE ATTACHMENT A
A. Denial of the rezoning from I, Industrial to R -1, Single Family Residential District based
upon the following findings:
1. The surrounding zoning districts to the subject property are 0, Open Space
Conservation and I, Industrial.
2
2. The Comprehensive Plan for the City of Oak Park Heights designates the land use
for this area as Highway Business /Warehouse.
3. Rezoning the subject site from I, Industrial to R -1, Single Family Residential
District would constitute a spot zoning, which is not permitted under Section 401,
the Zoning Ordinance of the City of oak Park Heights.
B. The Planning Commission of the City of Oak Park Heights recommends that a variance
from Section 401.15.A.7 of the Zoning Ordinance to allow a single family residence to be
constructed on the subject site subject to the following findings of fact:
1. The subject site has existed as a single family property before the City of Oak
Park Heights designated a Highway Business /Warehouse Comprehensive Plan
land use designation or zoned the property industrial.
2. Use of the property for industrial purposes is limited and difficult by the size of
the lot and the access /site lines for the property.
3. The hardship and need for the variance was created by a fire which constitutes a
special condition or circumstance not resulting from the actions of the property
owner.
4. Use of the site for a single family residence is a reasonable use of the property.
5. The 2004 Minnesota Legislature enacted legislation effective after the date of the
fire which favors reconstruction of pre - existing nonconforming structures that are
more than 50 percent destroyed.
C. The Planning Commission of the City of Oak Park Heights recommends the variance
from Section 401.15.A.7 of the Zoning Ordinance with the following conditions:
1. The property is reconstructed exclusively as a single family dwelling.
2. The well and septic system will be tested with results forwarded to the City before
issuance of a building permit. If a new well or septic system is required for the
property, they shall be constructed and operational before a Certificate of
Occupancy is issued by the Building Official.
3. All setbacks of the applicable zoning district shall be complied with for a new
structure.
4. The property shall be in compliance with floodplain regulations, and shall be
subject to review and approval of the City Engineer and Middle St. Croix
Watershed District.
3
5. A building permit shall be issued for a single family structure on the subject site
no later than July 1, 2005 and the structure shall be completed with a certificate of
occupancy issued by July 1, 2006.
D. The Planning Commission recommended on a second motion that the City Council
should direct the Planning Commission to conduct a planning study, including a
Comprehensive Plan and zoning analysis, for that area along Stagecoach Trail North
currently zoned 1, Industrial; B-W, Business/Warehouse; and R-2, Low and Medium
Density Residential.
Recommended by the Planning Commission of the City of Oak Park Heights this 10 day
of June 2004.
son
dministrator
John Dwyer, Chair
FILE: 48515035
ATTACHMENT A
LEGAL DESCRIPTION
That part of the Northeast Quarter of the Southwest Quarter (NE 1/4
of SW 1/4) of Section Three (3), Township Twnety -nine (29) North, of
Range Twenty (20) West, description as follows, to wit: The South
One Hundred Fifty (150) feet of the following described tract:
Beginning at a point Thirty (30) feet West of a stake which is
Eighty (80) rods South of center of said Section Three (3), and
running thence West Twenty -four (24) rods and three (3) feet, thence
North Twenty -one (21) rods and Nine and nine- tenths (9.9) feet;
thence East Twenty -four (24) rods and three (3) feet; thence South
Twenty -one (21) rods and Nine and Nine- tenths (9.9) feet to the
place of beginning; all lying West of County Highway No. 21 as now
established.
Washington County GEO Code: R 03.029.20.31.0005
Form Software by Automated Real Estate Systems, inc. 1- 800 -330 -1285 48515035
ATTACHMENT B
Variance from Zoning Ordinance Section 401.15.A.7
(Allowing single family residence construction within 1, Industrial Zoning)
Larry Phillips — 5272 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 (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statements }/Legal Description(s)
Conference With City Staff Upon Application Submittal: May 26, 2004
Required Approvals: Variance
Planning Commission 3/5
City Council 4/5