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Home My WebLink About2006-12-28 Amended Conditional Use Permit (WC 3269304 Recorded 02-08-2007) 3629304 Receipt#: 26430 PER $46.00 11 11 11 11 111 Certified Filed and/or recorded on: 2/08/2007 11:12 AM 3629304 Office of the County Recorder Property Records&Taxpayer Services Return to: ECKBERG LAMMERS BRIGGS WOLFF 8 Washington County,MN 1809 NORTHWESTERN AVENUE Kevin JCorbid Counts%Recorder SUITE 110 STILLWATER MN 55082 CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT FOR COVER PARK MANOR 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: Conditional Use Permit For Cover Park Manor Bed&Breakfast 15330 58`' 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 of Oak Park He.1its, this 8th day of January, 2007. fmmlstrator nson ' y CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT FOR COVER PARK MANOR File No.: 798.02- Date Issued: 11/09/92 Amended December 28,2006 Legal Description: (Washington County Geo. Codes: 03.029.20.21.0062, &0063 &0064) LOTS 11,12,13,14,15,16 and all of vacated 4th Street, Block 8, Oak Park Addition Owner: Majjec Company LLC (Formerly titled in: Charles R. and Judith A. Dougherty) Address: 15330-58th Street North, Oak Park Heights,MN 55082 Site Address: same Present Zoning District: R-2 Permitted uses set forth in Ordinance 401 Section 401.02A(15A), &401.07 D I. CONDITIONAL USE PERMIT: For a Bed and Breakfast facility to be located under the name of Cover Park Manor,at 15330-58th St.No. Oak Park Heights. All uses shall be subject to the following conditions and/or restrictions imposed by the City Council and the Ordinances of the City of Oak Park Heights as follows: III. Reference Attachment: Summary of Council Action- Cover Park Manor December 20, 2006 Letter from Building Official Ordinance conditions imposed: a. A maximum of four(4) bed and breakfast units may be established within a structure. b. The facility shall have a state license (hotel and food), and comply with all health, safety, building and fire codes as may be required or applicable. c. Facilities shall be owner or manager occupied at all times when guests are present. d. The principal structure shall have a minimum size of 1750 gross square feet and shall be located on a lot with meets the minimum dimensional lot requirements of the district in which it is located. e. All bed and breakfast units shall be established within the principal structure. f. Not more than the equivalent of one(1) full time person shall be employed by the bed and breakfast facility who is not a resident of the structure. g. Dining and other facilities shall not be opened to the public, but shall be used exclusively by the registered guests and residents. h. Two (2)off street parking spaces shall be provided for the home plus one(1) space for each bed and breakfast unit. Parking areas shall be screened and landscaped and no parking shall be located in the front yard area of the property. i. Not more than one identification sign not exceeding six square feet in area may be located on the premises. The sign shall be reflective of the architectural features in the structure and may not be externally or internally illuminated. j. Adequate lighting shall be provided between the principal structure and the parking area for the safety of guests. All external lighting shall be regulated by conditional use permit. IV. Abandonment: This 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 uses permitted hereunder upon the site for a period of 12 continuous months shall constitute abandonment and void the permit. V. Annual review: Annual review is not imposed as a condition of this permit "t • IN WITNESS WHEREOF,the parties have set forth their hands and seals. ^ : i P• ' -:cGHTS Date: By Lipit0 �� A D. .s Beaudet .l or Date: t v') '04B /l1� Y ric Johnson City Administrator Majjec Company LLC 177 Date: /2-7;T/‘' B Th ts: G-7 -'' , EXHIBIT A Summary of Council Action-Cover Park Manor Cover Park Manor Physical Address: 15330 58th St. N. Legal Description: Lots 11, 12, 13, 14, 15, 16 and all vacated 4th Street, Block 8, Oak Park Addition Geo Codes: 03.029.20.21.0062 (Lots 11&12) 03.029.20.21.0063 (Lots 13 & 14) 03.029.20.21.0064 (Lots 15&16) Property Owner Listed on Tax Roll: Majjec Company LLC 15330 58th St. N., Oak Park Heights History of approved actions to B&B: 9-25-92: Home Occupation Permit application received from Charles R. & Judith A. Dougherty to operate B&B in home with their family in residence as the Inn Keepers. Application Notes: • Property zoning as R-2, Low&Medium Density Residential • Indicates that they plan to use the whole house as an Inn, except for the Inn Keeper's apartment • That they will convert the exiting tri-plex back to a single family home • Plan to serve 8-10 customers maximum at any one time • Stated that interior alteration, including apartment removal, bathroom additions,heating, electrical, air upgrades and cosmetic work required to facilitate B&B operation. • $100 CUP application fee collected by LaVonne Wilson 10-27-92: Mark Vierling letter to LaVonne Wilson regarding B&B Ordinance- Revision of Zoning Code, enclosing ordinance modified from that which was distributed to the Council by LaVonne at their 10-26-92 meeting. A copy of un-numbered and unsigned Ordinance is in the property file with upper corner of"ok 11/9/92" Ordinance Amendments noted as: (1). Section 401.02.A(paragraph 15A definition) 15a. Bed and Breakfast Facility. A building other than a hotel, wherefore compensation, meals and lodging are provided to transient guests,but not including a building providing these ore than ten (1o) persons and where at least one (1) meal and/or beverages are offered in connection with the provision of sleeping accommodations. (2). Section 401.07.D (adding subsection 5) Bed and Breakfast facilities providing that the following criteria are met: a. A maximum of four(4)bed and breakfast units may be established within a structure. b. The facility shall have a state license (hotel and food), and comply with all health, safety, building and fire codes as may be required or applicable. c. Facilities shall be owner or manager occupied at all times when guests are present. d. The principal structure shall have a minimum size of 1750 gross square fee and shall be located on a lot with meets the minimum dimensional lot requirements of the district in which it is located. e. All bed and breakfast units shall be established within the principal structure. f. Not more than the equivalent of one (1)full time person shall be employed by the bed and breakfast facility who is not a resident of the structure. g. Dining and other facilities shall not be opened to the public, but shall be used exclusively by the registered guests and residents. h. Two (2) off street parking spaces shall be provided for the home plus one (1) space for each bed and breakfast unit. Parking areas shall be screened and landscaped and no parking shall be located in the front yard area of the property. Not more than one identification sign not exceeding six square feet in area may be located on the premises. The sign shall be reflective of the architectural features in the structure and may not be externally or internally illuminated. j. Adequate lighting shall be provided between the principal structure and the parking area for the safety of guests. All external lighting shall be regulated by conditional use permit. 11-9-92: City Council moved and seconded amendment of 401.02 affecting zoning to define bed and breakfast facilities and to allow their placement as conditional uses within the R-2 district and further regulating the same. 4-0 11-23-92: City Council moved and seconded approval of conditional use permit request,per drawing submitted showing lighting,screening and signage. 4-0 ➢ Handwritten note in corner"Torrens cannot record— only land" 11-8-93: City Council moved and seconded to approve amended CUP allowing on site parking as shown in drawing presented. 5-o ➢ Drawing shows 4 parking spaces to the E. of 2-car garage and to the S. (front) of the residential structure. „,,, i,,; 'i F,.„,- - CITY O F -� . : „. . .� f c ::-' . ' OAK-.PARK HEIGHTS: . . • -..,....,4t,.:. • 14168.Oak Parkiloiulevard No..* P.O.Box'2007'• Oak Park Heiglrts,•MN 55082.2007••_phone:65.1/439=4439 • Fax 651/439-0574. • •Decetriber 20, 2006 : . . Mr:Chuck Dougherty '-•• . ' • 15330 N. 58Th Street` - Oak Park Heights, MN 55082. - . Re: File Prot•ection - Dear Mr: Dougherty, . _ • As we have discussed the City of Oak Park-Heights has adopted Minnesota�Rules, - .”-Chapter 1306 Special F ire•Protection Systems requiring fire protection if the gross floor area exceeds.8,500 square feet.In.farther-review•of 1306 I found an.exception,which - • - •states that the R-3 occupancy, your-single-family portion of the dwelling,would not:have • • to be sprinkled. A two-hour.occupancyseparation wall would'st ll be.requa.red between • •• your single-farrii"ly residence and the bed and breakfast I had further”questions`regarding• - • this.exception and as to-what type of fire protection system-would be required, so I _ .. " • contacted a representative-of the Minnesota's Building Codes and Standard for the " • answers.- This representative brought these questions to other associates.for review and • • • '. interpretation of the code and came up.with the following conclusion. - • . • The Building Code classifies a,Bed.and Breakfast with inose than 6 occupants as an R-1 , - : - occupancy. (A facility with less than°=6 occupants shall be classified as.a Oroup R-3 ' - _ • occupancy.) In their search they found that the State rire.Maishall.'s had amended.the • " .' . 'definition of.th.e'R-1.&R.•;3 Occupancy Groups in_th-e"2000 InternationalFire Code. The. ' • - "aimendment, states,a Bed and Breakfast facility containing no"more than five guest-rooms - . is to.be classified as an•R-3 Occupancy. With your building having only-four bedroom• . :. • . " facilities for guests-the classification of your Bed"and Breakfast would•b-e an R-,3 .. • - • • • .occupancy, and as such would-not have to be sprinkled. This amendment is less: : . . restrictive than the Building:Code and Very likely to.be changed in the.next code adoption - • process;- _ • - . . - -You have mentioned adding more bedreen4 and possibly a conference-hail .which would • - clange•the_occupancy of this dwelling. With thisin•mind,-please be advised that should - . you expand"to more than 5 bedrooms-or createa community hall,.the installation of a fire protection=system.would be required. Without this amendment":from-the-Fire Code-Your• - • Bed-and Breakfast portion of the dwelling•would-have had to be sprinkled and for this.- - . • . . " reason the City of Oak Paik Heights highly recommends that you do install.a•fii-e. . . • " protection system. Page 6 of 32 Tree-"City, U.S.A • INN • With the issue of Fire Protection resolved we await Xcel's letter of agreement for an easement for the driveway. Upon receipt of this letter we will accept and proceed with the processing of your building permit application. Please contact me if you should have any further questions. Lastly, in an effort to clean-up the balance of your file, the City will be preparing an updated Condition Use Permit document that will incorporate all of your current approve uses (only listed in meeting minutes) as well as the now contemplated expansion. This CUP document will need to be signed by you prior to the issuance of any Building Permit by the City. im Butler /� Building Official CC: Eric Johnson, City Administrator Mark Vierling, City Attorney Scott Richards, City Planner Julie Hultman, City Planning &Code Enforcement Officer Paae 7 of 32