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HomeMy WebLinkAbout2003-12-19 WC Recorded Document 1140339 Variance and CUP 1140339 11111111111111111111 II Registrar of Titles Washington County,MN Certified flied and/or recorded on: 2003/12119 3:39:00 PM 1140339 Certificate#: 57508 Book#: 183 Page#: 27 Cindy Koosmann Registrar of Titles tpx Return to: ECKBERG,LAMMERS,BRIGGS,WOLFF & VIERLING, P.L.L.P. NOTICE OF CERTIFICATION Attn: Mark J. Vierling 1835 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 NOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I,the undersigned,being duly qualified and acting as City Administrator for the City of Oak Park Heights,Minnesota DO HEREBY CERTIFY that I have compared the attached document: Variance&Conditional Use Permits For J. Michael& Carolyn L. Dvorak 5898 Olinda Ave. N with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a full,true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Park Heights, this 9th day of December,2003. d 1'l 'ric Johnson City A• ..tra u.r s '�: ���yy�� r�rkeeS1wr 1114I Ft CITY OF OAK PARK HEIGHTS VARIANCE AND CONDITIONAL USE PERMITS FOR J. MICHAEL AND CAROLYN L. DVORAK Planners File No.798.07-03.01 Date Issued September 23,2002 Legal Description: (Washington County Plat-Parcel No.04.029.20.21.0010) See Attached Exhibit A Owner: J.Michael and Carolyn L. Dvorak Address: 5898 Olinda Ave.No Oak Park Heights,MN 55082 Present Zoning District: R-2 Variance Requirements set forth in Ordinance 401 Section 401.04A. I. VARIANCE PERMIT FOR: ■ A. The application submitted for the purpose of obtaining a variance from the rear yard setback of 8.0 feet for the construction of a screen porch and deck to be attached to the principal structure and affecting the real property as described above is granted: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHED EXHIBIT A; and 2. The applicants have submitted an application and supporting documentation to the Community Development Department; and 3. The subject property is zoned R-2,Low and Medium Density Residential which establishes a minimum rear yard setback of 30 feet; and 4. The applicants are proposing to construct an attached screen porch(resulting in a variance of eight feet), and 5. The City staff prepared a planning report dated August 5,2003 and memorandum dated September 4, 2003 reviewing the request and recommended that the request be denied; and 6. The Planning Commission held a public hearing at their September 11,2003 meeting, took comments from the applicants and public,closed the public hearing, and recommended approval of the variance request based on the following findings: a. The subject property is unique in regard to its shallowness. b. The physical constraints of the property are not a result of actions by the applicants. c. Alternative locations for the proposed home addition are not practical. d. The property's excessive front yard setback results in a limited rear yard area. e. The porch,as designed,requires the minimum variance necessary to accomplish the intended purpose of the applicant. f. The porch and necessary variance does not create an inconvenience to neighboring properties. Surrounding property owners have indicated support for the variance. g. The property was originally developed under Baytown Township/Washington County standards,not under the zoning requirements of the City of Oak Park Heights. h. The special circumstances related to the east rear yard setback do not result from the actions of the applicant. i. Denial of the variance may deprive the applicant of rights enjoyed by other properties in the neighborhood. 2. Reference documents: a. 07/23/03 Application on file with the Community Development department of the City of Oak Park Heights and related Planners Reports IN WITNESS WHEREOF,the parties have set forth their hands and seals. 4 ►OF d AK P '. ' :144 HTS � Date: I©'" 1 y (,3 By 1 AB. _�.�� a 'd ' . det,Mayor Date: :air Johnson ty Administrator Date: / 00/0 By 1 J.Mic •-1 II orak Date: /Dih By 3 By 6124.0 4 f Carolyn L.Dvorak EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY f/d fLA�- EXHIBIT A All that part of the Northeast Quarter of the Northwest Quarter (NE1/4 of NW1/4) of Section Four (4) , Township Twenty-nine (29) , Range Twenty (20) West described as follows : Beginning at the intersection of the South right-of-way line of State Trunk Highway No. 212 and the West line of the Northeast Quarter of Northwest Quarter (NE1/4 of NW1/4) of said Section Four (4) , and running thence East on the South right-of-way line of State Trunk Highway No . 212, a distance of Five hundred forty-two (542) feet to an iron pipe, thence South and parallel with the West line of the Northeast Quarter of the Northwest Quarter (NE1/4 of NW1/4) of said Section Four (4) , a distance of Two hundred fifty feet (250' ) to the place of beginning of the following described tract, thence South and parallel to the West line of the Northeast Quarter of the Northwest Quarter (NE1/4 of NW1/4) of said Section Four (4) , a distance of One hundred feet (100' ) , thence East and parallel with the South right-of-way line of State Trunk Highway No. 212, a distance of One hundred feet (100' ) , thence North and parallel with the West line of the Northeast Quarter of the Northwest Quarter (NE1/4 of NW1/4) of said Section Four (4) , a distance of One hundred feet (100' ) , thence West and parallel with the South right-of-way line of State Trunk Highway No. 212 , to the place of beginning, subject to power line easements of record, Grantee in Accepting this deed agrees and covenants that said tract shall not be used for commercial purposes . Also an easement for purposes of ingress to and egress from said tract of land over and across the following parcels of land in the Northeast Quarter of the Northwest Quarter (NE1/4 of NW1/4) of said Section Four (4) 1 . A tract Thirty feet (30' ) in width from East to West and Two hundred eighty feet (280 ' ) in length from North to South, the West line of which is located as follows: Beginning at a point in the South right-of-way line of said Trunk Highway No. 212, Eight hundred seventy-two feet (872' ) East of the West line of the Northeast Quarter of the Northwest Quarter (NE1/4 of NW1/4) of said Section Four (4) and running thence South and parallel with the West line of the Northeast Quarter of the Northwest Quarter (NE1/4 of NW1/4) of said Section Four, Two hundred eighty feet (280' ) 2 . A tract Thirty feet (30' ) in width from North to South and Two hundred feet (200' ) in length from East to West, the South line of which is located as follows : Beginning at a point Two hundred eighty feet (280' ) South of the South right-of-way line of said State Trunk Highway No. 212 , and Eight hundred seventy-two feet (872' ) East of the West line of the Northeast Quarter of the Northwest Quarter (NE1/4 of NW1/4) of said Section Four (4) and running thence West and parallel with the said South right-of-way Two hundred feet (200' ) Continued on next page 0105220911 • I jgc-1.2--2003 14:36 CITY OF OPH ^ P.02/02 EXHIBIT A. CONTINUED Ij • 0105220911 • 1 3 . A tract Thirty feet (30' ) in width from East to West and One hundred feet (100' ) in length from North to South, the West line of which is located as follows : Beginning at a point Two hundred fifty feet (250' ) South of the South right-of-way line of said State Trunk Highway No. 212 and Six hundred forty-two feet (542' ) East of the West line of the Northeast Quarter of the Northwest Quarter (NE1/4 of NW1/4) of said Section Four (4) and running thence South and parallel with the said West line of the said Northeast Quarter of the Northwest Quarter (NE1/4 of NW1/4) of said Section Four (4) , One hundred feet (lop' ) That said easements shall be used by grantee in common with grantors and subsequent purchasers of other tracts of land now owned by grantors and is given for the purpose of providing a roadway for grantee and others connecting with said Highway No. 212 . Grantee agrees to join with grantors in conveying his easement in said tracts to the township or other governing municipal corporation for the purpose of establishing a public roadway -over and across said tracts at such time as said municipal corporation will accept said tracts for such purpose. ti TOTAL P.02 LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F.Lammers Stillwater, Minnesota 55082 Lyle J.Eckberg Robert G.Briggs * (1916-2003) Mark J.Vierling•4 (651) 439-2878 Thomas J.Weidner Paul A.Wolff Susan D.Olson 4 FAX (651) 439-2923 (1944-1996) David K.Snyder Timothy M.Kelley Writer's direct dial number: •Qualified Neutral Arbitrator Sean P.Stokes (651) Real Estate Specialist Baiers C.Heeren (651)351-2118 +Qualified Neutral Mediator Laura L.Domagala Joshua D.Christensen February 5, 2004 Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: Dvorak Variance Dear Eric: Enclosed herewith please find the original documents, which have been recorded in the office of the Washington County Recorder as document#1140339. If you have any questions regarding this .cument,please do not ,-sitate to contact me directly. Yo s very truly, .■ lark J. Vierling MJV/mkr Enclosure