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Home My WebLink About2004-03-10 OPH Ltr to Cornerstone Land SurveyingCi 14168 Oak Park Blvd N.* Box 2007.Oak Park Heights, MN 55082 • (651) 439-4439 Fax 439 -0574 March 10 2004 of Oak Park Heights Mr. Dan Thurmes Cornerstone Land Surveying 1902 South Greely Street 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 encumbrances. 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 Plat appears to be in good order. Please contact me if you have any questio egards, Cc: Mark Vierling Dennis Postler Julie Hultman Weekly Notes ric Johnson City Adrnini ; `� ._'' or follows, to wit: and and RESOLUTION NO 04 . SEE ATTACHMENT A SEE ATTACBMENT B CITY COUNCIL CITY OF OAK PARK :HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF 'inE CITY COUNCIL THAT THE REQUEST BY S & C BANK FOR A MINOR SUBDIVISION AND AMENDED PLANNED UNIT DEVELOPMENT TO CREATE A TWO TJNIT CONDOMIMUM 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 ininor subdivision and amended planned unit development to create a two unit condor iunm 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 PP 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 2. • The applicant has submitted an application and - supporting documentation to the Community Development Department consisting of the following items: 3. The subject site is .zoned B -3, Highway BusinessfWarehouse and was approved part of a planned unit development for the Oak Park Station in December 2001; and pP as p p 4. City staff prepared a planning report dated February 5, 2004 reviewing the request for the minor subdivision and amended planned wait development; and 5. Said report recoirirnended 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 M The Planning e Plannin Commission held a public hearing at their E ebrii.ary 12, 2004 � • • from the applicants and public, closed the public hearing, and meeting, took comments pp p recomm.endecl. that the app lication be approved subject to the fulfllm.ent of conditions. NOW, THEREFORE, BE IT RESOLVED BY DA CITY COUNCIL FOR THE CITY OF OAK PARK SIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by ed b S & C Bank for a minor subdivision and amended planned mit 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 roved the City Council of the City of Oak Park Heights subject to the following conditions: The applicant produce either a title opinion or a title commitment or other verification of title depicting current fee owner and outstanding liens and the status of current P g encumbrances against the building t and property subject to review and approval of the p ro p City Attorney. 2. The applicant supply iComm tars relative to the Common Interest 5 that they wish to create, with appropriate ro riate P laces for signatures of current owner and encumbering interest property, in addition to the other statutory executions that need to be interest against the prop y, on that plat. Th e plat 3 lat shall. be subject to review and approval of the City Administrator and City Attorney. 3. The applicant has informed ` orxned us that, notwithstanding the condoriniumization of the . intend to have separate utilities to Unit 101, which is being created building, they do not �. epp . . ' and minor subdivision application. Thus, a condition of the by the c ondo�� application will have to be that the fee owner of Unit 100 and their successors, heirs and. to the City of Oak Park Heights for payment of all assigns will b e directly responsible �'' . ... elative to the ro , it being understood that the City will not . outstanding utilities relative p p e item . . ate billing entity item for Unit 101, within its database, for utility have to create a s ep ar g tY or billings. completed, full 4. The applicant shall provide a eornp , fully executed copy of a Common Interest Coramunity #235 declaration, in substantially the same form as provided to the City, as part of the final p ernai . ttin.g , � sub' ect to approval of the City Attorney. That document will to reflect that all utility also have to be amended t tS' rill ngs for the City of Oak Park HeighLs Unit 100, who will then prorate or collect from Unit 101, its fair ,�. b e billed directly to �nl , � Not withstanding that process, Unit 100 will be solely and share o f such b illxngs . �T g P exclusively responsible to th e City of Oak Park Heights for payment of all municipal y 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. a be inspected by the City Arborist in June of 2004. Any trees or �, The landscaping shall sp � � 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. 2004. Approved by . the City Council of the Ci of 0 ATTEST: ric A. John dn., City Administrator sthis24 da ;" ebruary dBeau. Mayor 3 City Council ATT CHNIE T B Minor Subdivision & Planned Unit Development Amendment C Bank 5795 Morning Dove Ave. N. Application Materials e Application Form 1 Fees • Plan Sets (3 Large Scale Sets/20 11)07 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350 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: POD Amendment 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)