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Home My WebLink About2025-05-27 CC Resolution 25-05-14COPY RESOLUTION NO.25-05-14 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 TRUNG NGUYEN AT 5702 PENROSE AVENUE 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 Trung Nguyen (Applicant) for a Conditional Use Permit to allow for transient lodging/short term rental as a home occupation at 5702 Penrose Avenue 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: l . 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 will occur in the single family structure; and 5. The Applicant offers a unit for guests who are screened before booking. There are no other services provided except for lodging; and 6. The Applicant has indicated that they will rent the entire house and not live there while it is occupied for visitors. The unit has two bedrooms and 1.5 baths; and 7. City staff prepared a planning report dated May 1, 2025, reviewing the request for transient lodging/short term rental as a home occupation at 5702 Penrose Avenue North; and 8. The Planning Commission held a public hearing at the May 8, 2025, 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 Trung Nguyen for a Conditional Use Permit to allow for transient lodging/short term rental as a home occupation at 5702 Penrose Avenue 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 Applicant shall maintain this as a Homestead property, use the property as their principal residence and 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 nature and circumstances of the violation(s), the City Administrator shall be authorized to schedule a public hearing of the City Council to review 2 the conditional use permit and conditions. Upon review, the City Council may revise or cancel the conditional use permit. Any applicable lodging or room tax shall be paid by the owner of the property on an ongoing basis as required by State Statute, City Code, and City policies and procedures. All taxes owed for 2024 and 2025 shall be paid prior to the issuance of the Conditional Use Permit. Approved by the City Council of the City of Oak Park Heights this 27th day of May 2025. ATTEST: Jacob Ri ity Administrator Chu Doug ercy, eputy Mayor ATTACHMENT A Conditional Use Permit To Allow Short Term Rental/Transient Lodging At 5702 Penrose Ave. N. Washington County Parcel ID Number: 34.029.20.24.0017 Legal Description: Lot 9, Block 2, Beach's Addition ATTACHMENT B Conditional Use Permit To Allow Short Term Rental/Transient Lodging At 5702 Penrose Ave. 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: May 8. 2025 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)