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Home My WebLink About2004-02-24 CC Resolution #04-02-12RE N06 0 4 c- 0 2 CITY COUNCIL CIT OF OAK PARK HEIG WASHINGTON C OUNTY g MINNE WHEREAS, the City of Oak Park Heights has received a request from S & C Bank for a minor subdivision and amended plamed unit development to create a two unit condomm''Un for 5795 Morning Bove .Avenue North; and after having conducted a public hearing relative thereto, the Planning Co ssion of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: I. The -real property affected by said application is legally described as follows, ,to wit: SEE A TACIRYMNT A 4 2. - The applicant -has subrr.tted an application and - supporting documentation to the Community Development Department consisting of the following items: , SEE ATTACHMENT B 3, The subject site is .coned B -3, Highway Business/Warehouse and was ap as part of a planned unit development for the Oak Park Station in December 2001; and 4E City staff prepared a planning report dated February 5, 2004 reviewing the request for the n� nor subdivision and amended . planned unx t development; and D � aid r eport recorcffiende approval 0 th n7ii.�o s ubdivision Auld a.i�..c adCU ►/ E planned unit development subject to the fulfillment of conditions; and 6. The City Attorney submitted a letter date. January 29, 2004 outlining conditions of approval for the project; and 7 . The plannin g Co held a public hearing at their February 12, 2004 meeting, eting took comm ents from the ap and public, closed the pub hearing, and recommend pp ed that the ap be ap subject to the falfillmen.t of conditions. NOW, 'x` RET'oRE BE IT RESOLVED BY TAE CITY COUNCM FOR THE CITY OF OAK PARK YGHTS 'TEIAT TIRE CITY COUNCIL A.PP OYES T� A. The app ' submitted b S & C Bank for a n or subdivision and amended planned y min or o ent to create a two unit condoral u d evelopment um for 5795 Morning Dove .Avenue 1 p an North. , and affecting the real property as follows SEE ATTACHMENT .A Be and the s am e as hereb y pp � a p p roved the City Council of the City of Oak Park Heights subject to the fallowing con.d.itions " produce either a title op' oon. or a title commitment or ether verification of 1. The appl p f de picting the status o current tithe de ictin current fee owner an outstanding li ens and encumbrances against the building and property subj ect to review and approval of tb.e enci�rnbr g g City Attorney. 2. The applicant supply ra.ylars relative to the Common. Interest Community #235 that they wish to cre appropriate with. a ra riate p laces for signatures of current owner and encumbering e ate interest against the proper in' addition to the other statutory executions that need to be on that p p � tat. The p lat shah be subject to review and approval of the City Administrator and City .Attorney. 3. The— ' applxcan t has -informed us -that, notwithstanding the con.domi ra=zation of - the ' building, they do not intend to have separate utilities to U nit 101, which is beMg created b the c anal o jinn and min or subdivision application. Thus, a condition. of the � apphcatian will have to be that the fee owner of Unit 100 and their successors, heirs and assigns will be directly re s p onsible to the City of Oak park Heights for payment of all p outstanding u utilities relative to the p it being understood that the City will not have to create a s e n. entity or item for nit 101, within its database, for utility separate billing tY ' bilags. t shah p rovide a completed, fully executed copy of a Common Interest � . The applican p p Community �� 35 declaration in substantially the same form. as provided to the City, as park of the final permitting, approval of the City .Attorney. That document will w g, sub' � ect to pp also �zave to be amen ded to reflect that ail utinty billings for the City of Oak P aria heights will be billed directly to Unit 100, who will then prorate or collect from Unit 101, its fair . -Not withstanding that process, Unit 100 will be solely and share of such billing g exclusively responsible to the City of Oak Park Heights for p ayment of all municipal utility billings incurred on the premises. 0 the sz a e shall require submittal of a sign, permit, subs ect to review and � � Any changes to gn g � approval of the Building Official. 3 6. The landscaping shad be inspected by the City Arborist in June of 2004. Any gees or shrubs that are dead or diseased, as determined by the City Arborlst, shad be replaced by the applicant with similar, healthy plant materials subject to review and approval of the ATTACHME NT B fill Minor Subdivision & Planned Unit Development Amendment S & C Bank — 5795 Mornin Dove Ave. N. Application Materials a Application Form 0 Fees ® Plan Sets (3 Lar 'scale Sets/20 I I XI 7 Sets) e Written Narrative and Graphic Materials Explainin Proposal a Mailin List from Washin Count [35o'I150' from subject propert ® Proof of Ownership or Authorization to Proceed a Propert Tax Statement(s)/Le Description(s) Conference, With Cit Staff Upon Application Submittal: -Januar 28, 2004, Planning Commission Public Hearin & Recommendation: Februar 12,2004, cit Council 4/5 Planned Unit Development Permit , Lapse of Approval: Unless the Cit Council specificall approves a different time when action is officiall taken on the re the conditional - use- permit- shall -. becom e null a nd void twelve (1 2) months after the date of approval, unless the propert owner or applicant has substantiall started the construction of an buildin structure, addition or alteration, or use re as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zonin Administrator not less than thirt (30) da y Sr before the expiration of said approval. (401 .o3.c.4.a and b)