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4844 North 300 West
Suite 202
Provo UT 84604
4293627
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Certified Filed and/or recorded on:
2/5/2021 3 52 PM
El pk-11404A
Office of the County Recorder
Washington County, Minnesota
Debra Ledvina, County Recorder
Drafted by/Return To:
Eckberg Lammers, P.C.
1809 Northwestern Avenue
Stillwater, MN 55082
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON
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:
Conditional Use Permit
For
Construction of An Attached Garage & Addition
(Front Yard Setback)
Located At
15242 64"' St. 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
September, 2020.
CONDITIONAL USE PERM,
CONSTRUCTIONJUILLIMILIV.
Planners Pile No. 236.02-20.05
Date Issued: July 28, 2020
Legal Description: (Washington County Tax ID No.: 34.030.20.32.0001 & 34.030.20.32.001.9)
SEE ATTACHED EXHIBIT A
Owners: Rickie and Tianna Nelson
Applicant: Rickie Nelson
Site Address: 15242 6411, Street North
Oak Park Heights, MN 55082
Present Zoning District: R-2, Low and Medium Density Residential District
Permitted uses set forth in Ordinance Chapter 40I.26.B.
CONDITIONAL USE PERMIT: The property is zoned R-2, Low and Medium
Residential District. The site is two separate tax,parcels identified above and
consisting of 0.32 and 0. 12 acres respectively. The zoning ordinance requires a 30 -
foot front yard setback, a 10 -foot side yard setback, and a 30 -foot rear yard setback.
The Applicant proposes to demolish the existing detached garage on the property and
construct a new 1,200 square foot garage and house addition, which will have a living
unit in the second story for family members. The existing house is set back 6.2 feet
from the right of way of 64' Street and this setback encroachment constitutes a
preexisting legal nonconformity. The new proposed garage will be 22.7 feet from the
right of way of 64'h Street. A conditional use permit is required because the proposed
garage is within the 30 -foot setback even though it is set further back than the
existing structure. NOTE: Lot combination documentation is also in process and is
required per City Ordinances
All permits and uses applied for the proposed garage and home addition construction
are granted, but shall be subject to the following conditions and/or restrictions
imposed by the July 28, 2020 Resolution of the City Council of the City of Oak Park
Heights, which are as follows:
I. The final grading for the proposed structure and drainage for the site shall be
subject to review by and approval of the City Engineer.
2. All required utility and drainage easements will be provided with documentation
to the City. Owner shall accomplish, execute and record with Washington County
a lot combination of the two lots involved in the property site.
3. If the unit is rented to someone other than a family member, it will need to
comply with all Zoning Ordinance requirements for a two-family unit.
4. Any exterior mechanical equipment associated with the new garage and addition
shall be screened.
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.
II. Reference Attachment: The City Planner's report; Certificate of Survey for the
Property, the site plan, and architectural renderings are annexed hereto by hereto by
reference as "Exhibit B."
III. Abandonment: This Conditional Use Permit requires continuous use in order to
preserve the Conditional Use granted by the City under the terms hereof. Any
discontinuation or abandonment of the use permitted hereunder upon the site for a
period of twelve {12) continuous months shall constitute abandonment and void the
Conditional Use Permit.
IV. Annual Review: Annual compliance review is not imposed as a condition of this
Conditional Use Permit.
IN WITNESS WHEREON, the parties have set forth their hands and seals.
OAK,P,ARK HEIGHTS
DATE: By. �� r/j!
` M ry c mer, Mayor
DATE: 11By:
DATE: _ 2— ?ee 2 -
DATE: U/ U
Instrument Drafted Bv:
Kevin S. Sandstrom
Eckberg Lammers, P.C.
I809 Northwestern Avenue
Stillwater, MN 55082
2
Eric Wson, City Administrator
1010�457__
Rickie Nelson property owner
T a Nelson, property owner
EXHIBIT A
LEGAL DESCRIPTIONS
I RYZI YA LM 19 EZI 0
Washington County Parcel ID Number: 34.030.20.32.0001
Legal Description: Lot 1 thru 3, Block 1, McKenty's Addition to Stillwater
EXHIBIT B
PLANNER'S REPORT, SITE PLAN, SURVEY, ARCHITECTURAL RENDERINGS
3e01 Thurston Avenue N, Suite 100
Anoka, MN 55303
C. Phone, 763.231.6840
TP FacsOnlle: 763.427,0520
TPC@PlannirigCo.c orn
TO:
FROM:
DATE:
RE.-
TPC
E:TPC FILE:
BACKGROUND
Scott Richards
{
Oak Park Heights - Conditional Use Permit — New Attached Garage
and House Addition, Front Yard Setback at 15242 64th Street North
236.02-20.05
Rick Nelson has made an application for a Conditional Use Permit to allow construction
of an attached garage and house addition at 15242 640' Street North. The Conditional
Use Permit is required to vary from the front yard setback standards, An existing
garage on the property will be removed and replaced with a garage and upper living
space that will be attached to the house.
The property is zoned R-2 Low and Medium Density Residential District. Single -.family
and two-family dwellings and their accessory structuress are permitted uses In that
District.
The review is based upon the following submittals:
Exhibit 1:
Project Narrative
Exhibit 2:
Air Photo of Property
Exhibit 3:
Certificate of Survey
Exhibit 4:
Site Plan (Al)
Exhibit 5:
First Floor Plan (A2)
Exhibit 6:
Second Floor Plan (A3)
Exhibit 7:
Building Section (A4)
Exhibit 8:
South and West Exterior Elevations (A5)
Exhibit g:
North and East Exterior Elevations (A6)
Exhibit 10:
Site Pictures
Page 38 of 114
The project descAption and Justification for the Conditional Use Permit from Rick Nelson
is as follows:
We would like to build a garage that we can actually use. Our current garage and
driveway are too small for any of our vehicles to fit into. We want to ,build a garage that
can fit our vehicles into and be a useable space. Due to city ordinance there is no on
street parking ovemlght in the winter. Our driveway is too small for our three vehicles.
We have the lot room to build a garage and connect it to our house.
Our family is gnawing, and the addifional space is what we need.. The link between the
garage and house will be our new front entry and mud room. The twobedroom
ADUlAparhnent above the garage will be for guests and or visiting family members.. We
do have a f8w older family members that my wife would like to be able to move into the
space if needed, if they need assisted living.
ISSUES ANALYSIS
Comprehensive plan
The property is designated as Low Density Residential in the Comprehensive Land Use
Map. The request for the house addition is consistent with the Comprehensive policies
related to low density land use.
Zoning
The property is zoned R-2 Low and Medium Density residential District. Single-family
and two-family dwellings and their accessory structures are permitted uses in that
District.
The existing garage will be removed,and a 1,200 square foot garage will be attached to
the house.. The garage will be two story with a living unit above for use by family. If the
unit is rented, it will need to comply with all zoning requirements for a two-family unit.
The only access to the new upper unit is from the outside of the house, at the rear of the
structure.
The front yard setback requirement for the R-2 District is 30 feet. The existing dwelling
was constructed at 6.2 feet from the right of way of 64t" Street. The garage and addition
to the house is proposed at 22.7 feet from the right of way line. As per section
401.15.A.10 of the Zoning Ordinance, if the garage and addition had been proposed at
30 feet, an administrative approval could have been granted. In that the addition is
proposed at less than the 30 -foot setback, a Conditional Use permit is required as per
Section 401.15.1.e.5). The request is being made in that based upon the original
structure and where the addition and garage are being placed, the pian provides the
best Interior design layout for the house and garage connection.
2
Page 39 of 114
All other setback requirements are compiled with. The criteria for reviewing the
Conditional Use Permit request is reviewed later in this report.
SubdIVISion/Lot Combination
The Applicant has requested a lot combination in that the existing garage is located on
a separate property. The Zoning Ordinance requires the properties to be combined in
that the garage will be placed over the existing property line, These properties can be
administratively combined by the City. All utility and drainage easements required by
the City will be provided.. The lot combination approval will need to be filed with
Washington County.
Drainage/Utilities
The City Engineer has reviewed the drainage for the site, The final grading for the
proposed structure shall be subject to approval of the City Engineer. The drainage
easements as required by the Subdivision Ordinance shall be dedicated.
Conditional Use Pe Its
Application for a setback Conditional Use Permit shall be regulated by Section
401.15.1.e.5). of the Zoning Ordinance. A Conditional Use Pen nit may be granted
provided that:
5) A required yard on a lot may be reduced by a conditional use permit if the
following condltlons are met:
a) The reduction of setback requirements is based upon a specific need or
circumstances which is unique to the property in question and which, if
approved, will not set a precedent which is contrary to the intent of this
Ordinance.
Comment: The original house was constructed prior to the requirement for a 30 -
foot front yard setback. The garage and addition had been designed to integrate
the interior flow of the house. A request such as this is not common in the City
and should not set a precedence.
b) Property line drainage and utility easements as required by the CiVs
Subdivision Ordinance are provided and no building will occur upon this
reserved space.
Comment: The City shall require the dedication of drainage and utility
easements.
c) Phe reduction will wont toward the preservation of trees or unique physical
features of the lot or area.
Comment., Moving the garage and addition will preserve more useable back
yard space.
3
Page 40 of 114
d) If affecting a north lot line, the reduction will not restrict sun access from
the abutting Jots.
Comment; The structure should not impact sun access for abutting lots.
e) The reduction will not obstruct traffic visibility, cause a public safety
problem and complies with Section 401.15.B.6 of this Ordinance,
Comment: The addition will not impact traffic visibility (Section 401,15.8.6) and
will not create any public safety concerns.
0 The conditions of Section 401.03.A.7 of this Ordinance are considered
and satfsfactodly met,
Comment: The criteria are reviewed below.
The conditional use permit criteria, found in Section 401.03,A.7 of the Zoning
Ordinance, ars found as follows:
1. Relstionshtp to the specific policies and provisions of the municipal comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area Involved.
4. Whether the use will tend to or actually depreciate the area in which it is proposed.
5 The impact on character of the surrounding area.
6 The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving the properly,
8 The impact upon existing public services and facilities including parks, schools, streets,
and uti ties, and the City's service capacity.
g. The proposed use's conformity with all performance standards contained herein (i.e.,
parking, loading, noise, etc.).
Corrinnent.• The Planning Commission should comment if any of these criteria
will be at odds with the Conditional Use Permit proposed for the site. The
Placement of the original home and need to make a reasonable addition to the
structure are factors that must be considered when considering the application.
City Staff does not see any issues with the request.
Upon review of the request for the Conditional Use Permit for construction of an
attached garage and house addition at 15242 64th Street North, City Staff would
recommend the garage construction with the following conditions:
9 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.
4
Page 41 of 114
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.
5. The exterior of the proposed garage and addition shall be finished with
siding to match the current home exterior.
fi. 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.
5
Page 42 of 114
15242 64h Street North
Oak Park Heights Mn 55482
We Would like to build a garage that we can actually use. Our Current garage and driveway are too small
for any of our vehicles to fit into. We want to build a garage that can fit our vehicles Into and be a
useable space. Due to city ordinance there is no on street parking overnight in the winter. our drive way
is to small for our three vehicles. We have the lot room to build a garage and connect it to our house.
Our family is growing and the additional space is what we need. The link between the garage and house
Will be our new front entry and mud room. The two-bedroom ADU/Apartment above the garage will be
for guests and or visiting family members. We do have a few older family members that my wife would
like to be able to move into the space N needed, If they need assisted living.
Page 43 of 114
Page 44 of 114
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Conditional Use Permit
71 �M •
15242 641"
Washington County Parcel ID Number: 34-030-20,32,0001
Legal Description: Lot 1 thru 3, Block 1, McKenty's Addition to Stillwater
Page 55 of 114
r
Application Materials
. Application Form
Fees
Plan Sets
Written Narrative and Graphic Materials Explaining Proposal
. Mailing List from Washington County (3507150' 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: CU
City Council 4/5
i.,onditional Use Permit - Lapse of AlaqLqvar-
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)
Page 56 of 114