HomeMy WebLinkAbout2023-08-22 CC Resolution 23-08-29 a
RESOLUTION NO.23-08-29
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 CHRIS AND KIM HAYS FOR CONDITIONAL USE
PERMITS TO ALLOW FOR FRONT, REAR, AND SIDE YARD
SETBACK ALLOWANCES AT 15405 57TH STREET NORTH BE
APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request by Chris and Kim Hays
(Applicants) for Conditional Use Permits to allow for front,rear, and side yard setback
allowances for a new house construction at 15405 57th Street 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 dwellings and accessory structures are a permitted use; and
4. The lot was created by the minor subdivision process, approved on June
19, 2018, resulting in two lots,the neighboring lot bordering on 56th Street which is
30,000 square feet and the subject property on 57th Street which is 15,000 square feet;
and
5. 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-1 Single
Family Residential District; and
6. Section 401.02.B of the Zoning Ordinance provides a definition of lot,
front that specifies that the front lot line of the subject property is Peller Avenue; and
7. Section 401.15.C.1.D of the Zoning Ordinance indicates the following
related to front yard setbacks:
"Where adjacent structures within same block have front yard setbacks different from
those required, the front yard minimum setback shall be the average of the adjacent
structures. If there is only one (1) adjacent structure, the front yard minimum setback
shall be the average of the required setback and the setback of adjacent structures."; and
8. The front yard for the subject property is on Peller Avenue. The house at
5655 Peller Avenue is setback 25.1 feet from the property line. Taking the average of
that setback and the required setback of 30 feet, results in a setback requirement of 27.5
feet. The proposed structure is 25.3 feet from the property line, requiring a Conditional
Use Permit; and
9. The side yard setback requirement is 10 feet, but not less than 30 feet if
the lot is on a corner. The setback requirement for the 57th Street side yard is 30 feet.
The porch of the proposed house is at a 20 foot setback requiring a Conditional Use
Permit, while most of the house is at 30 feet or 33 feet; and
10. The rear yard setback requirement is 30 feet. The house is proposed at
21.1 feet; and
11. The Planning Commission discussed the uniqueness of the neighborhood
with the varying setbacks and house styles as justification for the variance. Many of the
houses were built at a time prior to zoning requirement; and
12. Section 401.15.C.l.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
13. City staff prepared a planning report dated August 3, 2023, reviewing the
request; and
14. Said report recommended approval of the Conditional Use Permits in that
they were 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
15. The Planning Commission held a public hearing at their August 10, 2023,
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions.
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I
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 Chris and Kim Hays for Conditional Use Permits to
allow for front, rear, and side yard setback allowances for a new house construction at
15405 57th Street 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 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.
Approved by the City Council of the City of Oak Park Heights this 22"d day of
August 2023.
g i
M 'cCom.er, Mayor
ATTE :
ir4/A,,. , son, City Administrator
/
3
ATTACHMENT A
$ V _t
Conditional Use Permit
Front, Rear & Side Yard Setback Allowances
Chris & Kim Hays
15405 57th St. N.
Washington County Parcel ID Number: 34.029.20.24.0043
Legal Description: Lots 2 & 43, Block 5, Beach's Addition to Oak Park Heights
ATTACHMENT B
$ b r.
Conditional Use Permit
Front, Rear & Side Yard Setback Allowances
Chris & Kim Hays
15405 57th St. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing & Recommendation: August 10, 2023
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)