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Home My WebLink About2024-05-28 CC Resolution 24-05-18 RESOLUTION NO. 24-05-18 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 DAVID CARPENTER AND JENIFER DOHERTY AT 6320 LOOKOUT TRAIL NORTH FOR CONDITIONAL USE PERMITS TO ALLOW CONSTRUCTION OF A GARAGE, BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from David Carpenter and Jenifer Doherty for Conditional Use Permits related to placement of a garage in the front yard and to exceed the allowable size for accessory buildings at 6320 Lookout Trail 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 Depai talent 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 dwellings and accessory structures are a permitted use; and 4. The subject property is a double frontage lot, with access to both Peacan Avenue and Lookout Trail. Accessory buildings are to be in the rear yard and no front yard setback is specified in the ordinance. In this case, the required setback from either Peacan or Lookout Trail would need to comply with the principal building front yard setback of 30 feet. The proposed accessory building will be set back 20 feet from Peacan Avenue and would comply with the five foot side yard setback. A Conditional Use Permit would be required for the setback distance and that the proposed structure is in the front yard; and ti 5. The existing attached garage is 441 square feet. The proposed accessory building is 980 square feet for a total of 1,421 square feet. The ordinance allows for a maximum of 1,200 square feet of the combined size of the attached and detached garage. A Conditional Use Permit would be required for the new structure. In that the existing garage is a tuck under and does not contribute to the overall size of the house, the additional detached structure should not be an issue for mass and scale in the neighborhood; and 6. City staff prepared a planning report dated May 2, 2024, reviewing the request for placement of a garage in the front yard and to exceed the allowable size for accessory buildings at 6320 Lookout Trail North; and 7. Said report recommended approval of the Conditional Use Permits. Said recommendation was subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their May 9, 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 David Carpenter and Jenifer Doherty for Conditional Use Permits related to placement of a garage in the front yard and to exceed the allowable size for accessory buildings at 6320 Lookout Trail 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: • Conditional Use Permit to allow for placement of the accessory structure in the front yard and with a 20 foot setback. • Conditional Use Permit to exceed the allowable size, 1,200 square feet maximum for accessory buildings. 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. Any exterior mechanical equipment associated with the garage shall be screened. 2 3. The exterior of the proposed garage shall be finished with siding and in a color to match the current principal building exterior. 4. The upper level of the proposed garage shall be used for storage and not for habitable space. 5. No kitchens or bathrooms shall be allowed in the proposed garage. 6. A survey shall be submitted prior to issuance of a building permit and comply with the approved site plan. 7. The applicant shall apply for and receive a building permit for the structure. All applicable Building Code requirements shall be met. Approved by the City Council of the City of Oak Park Heights this 28th day of May 2024. ,----) / J i 1 �C Mary? Comber, Mayor ATTEST: I,L Jacob RiC. Administrator 3 ATTACHMENT A Conditional Use Permits Allowing Placement of a Garage to a Front Yard And to Exceed Allowable Size for Accessory Buildings At 6320 Lookout Trail N. Washington County Parcel Number: 34.030.20.31.0127 ATTACHMENT B • Conditional Use Permits Allowing Placement of a Garage to a Front Yard And to Exceed Allowable Size for Accessory Buildings At 6320 Lookout Trail 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: May 9, 2024 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)