HomeMy WebLinkAbout#05 - Upper 33rd St Townhouses CUP1
STAFF REPORT
DATE: 01/16/2024
CONSENT
MOTION
TO: City Council
FROM: Sophia Jensen, City Planner
AGENDA ITEM: Conditional Use Permit Extension Request – Upper 33rd St Townhomes
BACKGROUND:
The City Council adopted Resolution 2023-006 approving the Upper 33rd St LLC conditional use
permit for a 4-unit townhome located at 11046 Upper 33rd Street on January 17th 2023. The
ordinance requires substantial construction within 12 months of the date on which the
conditional use permit was granted. Otherwise, the council, after receiving recommendation from
the planning commission, may extend the permit for such additional period, as it deems
appropriate. The current conditional use permit deadline is January 17th 2024.
The developer submitted a 1-year extension request to the City on December 4th 2023. As
outlined in the extension request letter, the site had previously unidentified oil contamination
which caused significant delays in the project construction. The developer is working through
MPCA requirements and land remediation.
ISSUE BEFORE THE CITY COUNCIL:
The City Council is being asked to make a determination on the extension request for the
conditional use permit deadline to January 17th 2025.
PROPOSAL DETAILS/ANALYSIS:
Upper 33rd LLC is requesting a 1-year extension of their conditional use permit to work through
environmental contamination on the site and MPCA regulations.
PLANNING COMMISSION:
The Planning Commission reviewed the extension request at their December 11th meeting. They
voted to recommend approval of the 1-year extension (Vote 6-0). At the meeting resident Susan
Dunn spoke, outside of a public hearing, on the site contamination and comprehensive plan.
FISCAL IMPACT
None.
OPTIONS
1) Approve the conditional use permit deadline to January 17th 2025
2) Reject the extension request.
RECOMMENDATION:
2
Staff is recommending that the City Council approve the request to extend the conditional use permit
deadline as part of the consent agenda. If removed from the consent agenda, then Staff recommends the
City Council approve the request with the following motion:
“Move to adopt Resolution 2024-010, approving of an extension of the conditional use permit
deadline for the Upper 33rd St Townhome project to January 17th 2025.”
ATTACHMENTS:
1. Draft Resolution 2024-010
2. Original Approval Resolution 2023-006
3. Upper 33rd St LLC Extension Letter Request
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2024-010
A RESOLUTION APPROVING AN EXTENSION OF THE CONDITIONAL USE PERMIT FOR
A FOUR UNIT TOWNHOME AT 11046 UPPER 33RD STREET NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Upper 33rd St LLC (the “Applicant”), submitted an application to the City
of Lake Elmo (the “City”) for a four unit townhome conditional use permit located at 11046
Upper 33rd Street N, a copy of which is on file in the City of Lake Elmo Community
Development Department; and
WHEREAS, on January 17th, 2023, the Lake Elmo City Council adopted Resolution
2023-006 approving the conditional use permit; and
WHEREAS, City Code also requires substantial completion of the project within twelve
months of approval to remain valid; and
WHEREAS, Upper 33rd St LLC has submitted a request for an extension to the
conditional use permit deadline to allow for additional time to address environmental
contamination on site and work through MPCA requirements;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve an extension to the deadline for recording the conditional use permit deadline to January
17th 2025.
Passed and duly adopted this 16th day of January 2024, by the City Council of the City of Lake
Elmo, Minnesota.
______________________________
Charles Cadenhead, Mayor
ATTEST:
______________________________
Julie Johnson, City Clerk
1.The applicant must obtain all other necessary City, State, and other governing body permits and
approvals prior to the commencement of any construction activity onsite.
2.All recommendations in the City Engineer's memorandum dated 1/9/2023 shall be met prior to any
construction activity.
3.All recommendations provided be the City's Landscape Architect memorandum dated 1/6/2023 shall
be met prior to any construction activity.
4.All conditions in the Fire Chiefs memorandum dated 1/6/22 must be met prior to any construction
activity.
5.The applicant·shall provide the City with recorded documents from Washington County which
effectuate the required lot consolidation prior to any construction activity.
6.The applicant must receive an approved address from Washington County prior to any construction
activity.
7.An encroachment agreement is required for fencing located in the required drainage and utility
easements prior to any construction activity. A fence permit is also required regardless of the location
of the fencing.
8.If the applicant has not taken action toward starting the townhouse structure or if substantial
construction has not taken place within 12 months of the City's approval of the conditional use
permit, the CUP approval shall become void. The applicant may request City Council approval of a
time extension to start or implement the conditional use permit.
Passed and duly adopted this 17th day ofJa nuary, 2023 by the City Council of the City of Lake
Elmo, Minnesota.
ATTEST:
Element Design-Build LLC Element-db.com Request for Ext ension of C ond itional Use Permit Resolution 2022-06 11046 Upper 33rd St N As manager of Upper 33rd LLC, Element Design-Build LLC would like to formally request a one year extension to the Conditional Use Permit associated with City of Lake Elmo Resolution 2022-06 passed on January 17th, 2023. The delay is due to extra time needed to properly report and remediate previously undiscovered environmental contamination on the property. Since discovery of the issue immediately after breaking ground in June, the build team has conducted further environmental testing and has engaged a new environmental engineer, Braun Intertec, to draft and submit a Response Action Plan to MPCA for approval. Because of upcoming winter conditions, construction will not be able to resume until April of 2024. At that point the project will continue with an approved Response Action Plan from MPCA with no changes to the Conditional Use Permit or Building Permit plans. Respectfully submitted,