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HomeMy WebLinkAbout2004-06-02 CC Meeting Packet EnclosureRequester's Signature Oak Park Heights Request for Council Action Meeting Date: June 2, 2004 Agenda Item Title: Rezoning and Variance Request for Property at 5272 Stagecoach Trail North Time required: 10 minutes Agenda Placement: New Business Originating DepartmentlRequestor: Eric Johnson, City Administrator Action Requested: Consider Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations) . Please bring related materials received in your Planning packet. RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNES OTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF 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 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 recommended that the rezoning be denied and the variance 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 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 1, 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 I, 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 recommended that the rezoning request be denied and the variance from Section 401.15.A.7 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 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: 2 1. The surrounding zoning districts to the subject property are 0, Open Space Conservation and I, Industrial. 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. Approval of 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. Approval of 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. 3 2004. D. The City Council directs the Planning Commission to conduct a planning study, including a Comprehensive Plan and zoning analysis, for that area along Stagecoach Trail North currently zoned I, Industrial; B-W, Business /Warehouse; and R-2, Low and Medium Density Residential. ATTEST: 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. 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. Approved by the City Council of the City of Oak Park Heights this 22nd day of June Eric A. Johnson, City Administrator David Beaudet, Mayor 4 and A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A 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 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 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 I, 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 subj ect to review and approval of the City Engineer and Middle St. Croix Watershed District. 3 ATTEST: 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 I, Industrial; B -W, Business /Warehouse; and R -2, Low and Medium Density Residential. Recommended b y Planning the Plannin Commission of the City of Oak Park Heights this 10 day of June 2004. Eric A. Johnson, City Administrator John Dwyer, Chair 4