HomeMy WebLinkAbout2020-07-23 PC Recommending Resolution A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY RICK NELSON FOR A FRONT YARD SETBACK
CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF
AN ATTACHED GARAGE AND HOUSE AT 15242 64TH STREET
NORTH SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request by Rick Nelson
(Applicant) for a front yard setback Conditional Use Permit to allow construction of an
attached garage and house at 15242 64th Street North; and after having conducted a
public hearing relative thereto, the Planning Commission of Oak Park Heights makes the
following findings of fact:
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-2 Low and Medium Density Residential District
in which single family and two-family dwellings and accessory structures are a permitted
use; and
4. Section 401.15.C.1.d of the Zoning Ordinance requires a 30-foot front
yard setback, 10-foot side yard setback and 30-foot year yard setback in the R-2 Single
Family Residential District; and
5. The Applicant proposes to remove the existing garage, add a 1,200 square
foot garage and house addition, as well as a living unit in the second story for use by
family members; and
6. The existing house is set back 6.2 feet from the right of way of 64th Street
and is a legal nonconforming structure. The Applicant has proposed that the garage will
be 22.7 feet from the right of way of 64th Street. Section 401.15.A.10 of the Zoning
Ordinance states that if the garage and addition had been proposed at 30 feet, an
administrative approval could be granted but in that the addition is proposed at less than
the 30 foot setback, a Conditional Use Permit is required; and
7. Section 401.15.C.1.e.5 of the Zoning Ordinance allows for a required yard
on a lot to be reduced by a Conditional Use Permit if conditions are met; and
8. City staff prepared a planning report dated July 16, 2020 reviewing the
request; and
9. Said report recommended approval of the Conditional Use Permit in that it
was 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 July 23, 2020
meeting, took comments from the applicants and public, closed the public hearing, and
made the following recommendation:
NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park
Heights for approval with the following conditions:
1. The City Engineer will review the drainage for the site. The final grading
for the proposed structure shall be subject to approval of the City
Engineer.
2. All required utility and drainage easements will be provided with
documentation to the City. The lot combination approval will need to be
filed with Washington County.
3. If the unit is rented to non-family, it will need to comply with all Zoning
Ordinance requirements for a two-family unit.
4. Any exterior mechanical equipment associated with the garage and
addition shall be screened.
2
5. The exterior of the proposed garage and addition shall be finished with
siding to match the current home exterior.
6. The applicant shall apply for and receive a building permit for the
structure.
7. Any other conditions of the Planning Commission, City Council and City
Staff.
Recommended by the P1. ing Commission of the City of Oak Park Heights this
23rd day of July 2020.
took' •r
T.• othy Free .r air
ATTEST:
Eric A. Jo ;, Ci / ministrator
3
ATTACHMENT A
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Conditional Use Permit
Front Yard Setback Reduction
Rick & Tianna Nelson
15242 64th St. N.
Washington County Parcel ID Number: 34.030.20.32.0001
Legal Description: Lot 1 thru 3, Block 1, McKenty's Addition to Stillwater
ATTACHMENT B
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Conditional Use Permit
Front Yard Setback Reduction
Rick & Tianna Nelson
15242 64th St. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/150' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing & Recommendation: July 23, 2020
Required Approvals: CUP
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)