HomeMy WebLinkAbout2016-09-13 CC Resolution 16-09-39 RESOLUTION NO. 16-09-39
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY SCOTT AND CHRISTINA MITCHELL FOR A
CONDITIONAL USE PERMIT TO PLACE AN ACCESSORY
BUILDING IN THE SIDE YARD SETBACK AT 5527 OAKGREEN
PLACE NORTH BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Scott and
Christina Mitchell for a Conditional Use Permit to allow a storage building in the side
yard setback at'5527 Oakgreen Place North; and after having conducted a public hearing
relative thereto, the Planning Commission of Oak Park Heights recommended that the
application be approved with conditions. The City Council of the City of Oak Park
Heights makes the following findings of fact and resolution:
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
and
3. The property is zoned R-1 Single Family Residential District in which
single family uses and accessory detached structures are a permitted use; and
4. Section 401.15.D.2 of the Zoning Ordinance requires a Conditional Use
Permit for the placement of the structure in the side yard; and
5. The 122 square foot structure is proposed at one foot from the side lot line;
and
6. Section 401.15 D of the Zoning Ordinance require structures to be five
feet from the side lot line; and
7. The structure will also be placed within a five-foot drainage easement.
The City Engineer has reviewed the property and structure placement and indicated there
should be no drainage issues created by the accessory building; and
8. City staff prepared a planning report dated August 24, 2016 reviewing the
request; and
9. Said report recommended approval of the Conditional Use Permit in that it
is in conformance with the criteria for issuance of Conditional Use Permits found in
Section 401.15.C.1.e.5 and Section 401.03.A.7 of the Zoning Ordinance. Said
recommendation was subject to the fulfillment of conditions; and
10. The Planning Commission held a public hearing at their September 1,
2016 meeting, took comments from the applicants and public, closed the public hearing,
and recommended the application be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted by Scott and Christina Mitchell for a Conditional Use
Permit to allow a storage building in the side yard setback at 5527 Oakgreen Place North
and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
1. The applicant shall be responsible to remove the shed and driveway if required by
the City for drainage purposes.
2. The applicant shall apply for and receive a building permit for the structure.
Approved by the City Council of the City of Oak Park Heights this 13th day of
September, 2016.
M. lit Co ber, Mayor
ATT
Eric •;. Jo son,City Administrator
2
ATTACHMENT A
Site Plan Review &
Conditional Use Permit (CUP)
For
Accessory Building Placement
At
5527 Oakgreen Place, N.
Legally described as:
Lot 3, Block 1, Valley Point 2"d Addition
Washington County Property Identification Number:
04.029.20.23.0073
•
ATTACHMENT A
Site Plan Review &
Conditional Use Permit(CUP)
For
Accessory Building Placement
At
5527 Oakgreen Place,N.
Legally described as:
Lot 3, Block 1, Valley Point 2nd Addition
Washington County Property Identification Number:
04.029.20.23.0073
ATTACHMENT B
Site Plan Review &
Conditional Use Permit (CUP)
For
Accessory Building Placement
At
5527 Oakgreen Place, N.
Application Materials
• Application Form
• Fees
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Public Hearing: September 1, 2016
Required Approvals: C.U.P.
City Council 4/5
Conditional Use 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)