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Home My WebLink About2024-08-27 CC Resolution 24-08-26 copy RESOLUTION NO. 24-08-26 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 KEITH AND KIMBERLY WARNER AT 13891 56TH STREET NORTH FOR A CONDITIONAL USE PERMIT TO ALLOW FOR TRANSIENT LODGING/SHORT TERM RENTAL AS A HOME OCCUPATION, BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Keith and Kimberly Warner for a Conditional Use Permit to allow for transient lodging/short term rental as a home occupation at 13891 56th Street North; and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended the application 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. The transient lodging/short term rental requires a Conditional Use Permit as a home occupation under Section 401.15.M.4 of the Zoning Ordinance; and 4. The subject property is owner occupied and the transient lodging/short term rental unit is in the lower level of the single family structure; and 5. The applicants offer a unit for a maximum of four guests who are screened before booking. There are no other services provided except for lodging; and 6. City staff prepared a planning report dated July 31, 2024,reviewing the request for transient lodging/short term rental as a home occupation at 13891 56th Street North; and 7. Said report recommended approval of the Conditional Use Permits subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at the August 8, 2024, meeting, took comments from the applicants and public, closed the public hearing, and recommended the application 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 Keith and Kimberly Warner for a Conditional Use Permit to allow for transient lodging/short term rental as a home occupation at 13891 56th 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 owner shall occupy the subject property while operating the transient lodging/short term rental unit and shall be required to maintain all required licensing, including a home occupation permit from the City of Oak Park Heights. 2. There shall be a limit of three (3) transient guests per bedroom for the transient lodging/short term rental unit. 3. Dining, if provided, and other facilities shall not be opened to the public but shall be used exclusively by the registered guests of the facility. 4. The guests shall be directed to utilize the driveway only and not park on the street. 5. Any excessive occupant noise reported to the City and in violation of City Code shall receive a warning on the first offense and a citation on the second. Continued citations shall be grounds for the suspension or revocation of use permits by the City Council. 6. All transient lodging conditional use permits may be reviewed, including site inspections, by the Building Official at any time. Any violations of the City Ordinance, Building Code, Fire Code or conditions will result in the owner, at minimum, receiving a written warning. Depending upon the 2 nature and circumstances of the violation(s), the City Administrator shall be authorized to schedule a public hearing of the City Council to review the conditional use permit and conditions. Upon review, the City Council may revise or cancel the conditional use permit. 7. Within 30 days of the approval of this Permit, the Applicants shall provide documentation of and account to the City for all past gross revenues obtained by use of the Property for transient lodging purposes since inception of such activities by Applicants and remit to the City all past due lodging taxes and fees associated with those past lodging rentals. The Applicants shall further account and remit to the City on an ongoing basis all future lodging taxes as required by State statute, City Code, policies, and procedures. Approved by the City Council of the City of Oak Park Heights this 27th day of August 2024. 041.2 fL Ma omber, Mayor ATTEST: Jacob Rif , C' Administrator 3 ATTACHMENT A Conditional Use Permit To Allow For Transient Lodging/Short Term Rental As A Home Occupation At 13891 56th St.N. Legal Description: Lot 23, Block 1, River Hills Second Addition Washington County Property PIN: 05.029.20.14.013 ATTACHMENT B - r` s Conditional Use Permit To Allow For Transient Lodging/Short Term Rental As A Home Occupation At 13891 56th St. N. Application Materials • Application Form • Fees • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Planning Commission Public Hearing& Recommendation: August 8, 2024 Required Approvals: CUP Amendment 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)