HomeMy WebLinkAbout2025 Home Occupation Permit & Lodging Tax InformationJulie Hultman
From: Julie Hultman
Sent: Tuesday, June 10, 2025 9:04 AM
To: Trung Nguyen
Cc: newlinconstruction@gmail.com; Kari Zegarski; Alison Egger
Subject: Home Occupation Permit - Cavalier Holdings LLC Short Term Transient Loding - 5702
Penrose Ave N.
Attachments: 0959_001.pdf; Local Lodging Tax - Notice Directions.doc; Lodging Tax - Reporting Form
2025.xls
Good morning Trung,
I am sending you the issued Home Occupation Permit and Lodging Tax Reporting Notice and Reporting
Form. Would you like to pick up the hard copy of shall I mail it to you at the Penrose address?
Have a great week!
ZA Julie Hultman I Building Official
Planning & Code Enforcement
Office: 651.351.1661
.$25.00 No,.' 2025-010
State of Minnesota, -City, of Oak Park Heights
County of Washington- )SS. Office'of.-Administration
2025, Home Occupation- Permit
IN CONSIDERATION OF The statements made by Trung Nquyerrin his application, therefore duly filed in this office,
which a'pplicatiori"7s hereby made a'part hereof, PERMISSION IS HEREBY GRANTED To said,-Trung Nguyen as owner to
Cavalier Holdings MN LLC — short term lodging,situated- upon that tract of land with the ' phys,ical address : of 5702-
Penrose Ave: N.
This permit is granted upon the express conditions that said owner and his contractors, agents,'worker_s, and employees,
shall _corhply in all respects with the ordinances and Conditional Use Permit approvals of the City of Oak. Park Heights.
Given under the hand of tlie'Building Official of said, City of. -Oak, Park Heights and its, corporate seal this 10th day of
June, 2025.
J �'Hu, wilding Official
CITY OF 2025 Local Lodging Tax Return
This tax is mandated by The City of Oak Park Heights - Ord 1411
Please make check payable to the "City of Oak Park Heights "
Mail this form along with a check for the amount due (Line 8) to the address below.
Establishment Name
(Not Corporate Name)
Mailing Address (Street):
Minnesota Sales Tax Account Number (7digits)
City
State Zip
Reporting Period: From 11112025 To 3/31/2025
Due Date: 413o/2025
Reporting period is one of the calendar year quarters
The due date is 30 days following the end of the calendarquaiter
1
LODGING
Gross Lodging Sales
wren leases for 30 days or more and other tax
2 Less: Exclusions ®xem t tad ins ar City Code
3 Less: Lodging Bad Debts
4 Plus: Collected Bad Debts
5 Total Taxable Lodging Sales Line1-Line2-Linea+Line4
6 Lodging Tax Due Line 5X 3% .
PENALTY AND INTEREST (IF APPLICABLE)
7
Penalty If payment is not made by the due date, Line 6X 10%
8 Interest t payment is not made by due dale.( (L(ne 6 + Line 7) X a%] - 36 ]
X Days past due.
9
10
Total Penalty and Interest Due Line 7+Line8
TOTAL•. AND INTEREST
TOTAL AMOUNT DUE Line 6+Lines
Please make
:beck parables❑
City of Oak park
Heights
I declare and certify under penalty of law that I have examined this statement and that to the best
of my knowledge and belief, it is true and complete.
Signature Title (Print)
Name of Preparer (Print)
Pnone
Finance Department: Finance Director
14168 Oak Park Blvd N
Oak Park Heights, MN 55082
651-439-4439
E-mail
Date
"A ti f
Se
City of Oak Park Heights
14168 Oak Park Blvd Me Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax 439-0574
City of Oak Park Heights - Local Lodging Tax — 3%
The City of Oak Park Heights City Council approved a three percent Local Lodging Tax effective January 1,
2008 that applies to the sales of transient lodging accommodations and related services for a lodging period of
less than 30 continuous days at an establishment (such as but not limited to hotels, motels and bed &
breakfasts) located within the City limits. (See the City's Ordinance Number 1411 as attached for further
details).
The Local Lodging Tax is separate and in addition to the State Sales Tax and Transit Tax. Amount paid for
transient lodging accommodations provided within the City limits are subject to tax regardless of where the
payments or reservations are made. Payments or reservations made in the City of Oak Park Heights for
lodging outside the City limits are not subject to the City's Local Lodging Tax.
A Local Lodging Tax Return Form must be completed quarterly (calendar quarter) by each establishment
providing transient lodging accommodations even if there were no sales during the period. The completed
form and payment of the Local Lodging Tax are due to the City of Oak Park Heights no later than 30 days after
the end of the quarter. See City Ordinance Number 1411 for failure to file.
Instructions for Lodging Tax Return
The following instructions are to assist preparers in completing the City of Oak Park Heights Lodging Tax
Return form:
Line 1 Gross Lodging Sales
List the total of all transient lodging sales that occurred during the period.
Line 2 Less: Exclusions
List all sales that are exempt from the Local Lodging Tax. See attached for a list of sales that are
exempt from lodging tax during the period.
Line 3 Less: Lodging Bad Debts
List all lodging sales that were uncollectible during the period.
Line 4 Plus: Collected Bad Debts
List all lodging sales that were previously uncollectible and were subsequently collected during the
period.
Line 5 Total Taxable Lodging Sales
Line 1 (Gross Lodging Sales) less Line 2 (Exclusions), less Line 3 (Lodging Bad Debts) and add
Line 4 (Collected Bad Debts).
Line 6 Lodging Tax Due
Multiply Line 5 (Total Taxable Lodging Sales) by 3% (City Lodging Tax).
Line 7 Penalty
If the payment is not made by the due date, multiply Line 6 (Lodging Tax Due) by 10%.
Line 8 Interest
If the payment is not made by the due date, add Line 6 (Lodging Tax Due) to Line 7 (Penalty), then
multiply the result by 8%. The result is the yearly interest amount. Then divide the yearly interest
amount by 365 (days of the year). This result is the daily interest amount. Then multiply the daily
interest by the number of days the payment is late.
Line 9 Total Interest and Penalty Due
Add Line 7 (Penalty) and Line 8 (Interest)
Line 10 Total Amount Due
Add Line 6 (Lodging Tax Due) and Line 9 (Total Penalty and Interest Due)
If you need further assistance, please contact the Finance Director at the City of Oak Park Heights
651-439-4439
Definitions of Certain Tax Exempt Revenues:
Local Lodging Tax exempt revenue includes revenue received for lodging accommodations for a period
greater than 30 days.
2. Local Lodging Tax exempt revenue includes the use of real property for a purpose other than lodging
(i.e. lease of a meeting room).
3. Local Lodging Tax exempt revenue includes lodging billed directly to and paid for by the federal (State
and local governments are taxable) government and its agencies. Federal employees also may pay for
their lodging directly through the use of a credit card. Sales charged on a federal employee's credit are
not taxable if the bill is paid directly by the federal government. If the bill goes directly to the federal
employee, the sale is taxable. In order to qualify for tax exempt status, it is not sufficient for a person to
identify themselves as a federal employee, produce a business card, or present a tax exempt
certificate.
4. Foreign Consular Officials
Supporting documentation (i.e. copies of credit cards, credit card numbers, IDs etc.) evidencing tax
exempt status should be retained for six years. This support must be produced during an audit
performed by City of Oak Park Heights staff to allow the exclusions.
COPY
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:
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 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:
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.
7. 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 27`" day of
May 2025.
ATTEST: Chu clt Doug erty. eputy Mayor
Jacob Ri ity Administrator
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
g 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)
City of Oak Park Heights
14168 Oak Park Blvd. N.
Oak Park Heights, MN 55082
Phone (651) 439-4439 — Fax (651) 439-0574
www.cityofoakparkheights.com
HOME OCCUPATION PERMIT APPLICATION
Applicant: Trung Nguyen
Street Address: 5702 Penrose Ave N
Phone # 701 205 5474
City OAK PARK HEIGHTS Zip 55082 ' Email: _ ourfamilypharmacy@gmail.com
Pursuant to MN Statute 270.0O2 Tax Clearance; Issuance of Licenses, the licensing authority is required
to provide the Minnesota Commissioner of Revenue your Minnesota business tax identification
number. Please provide the following information as it applies to your home occupation:
Business Name as certified by the Minnesota Secretary of State:
Cavalier Holdings MN LLC
Doing Business as Name, if different that certified with Minnesota Secretary of State:
Minnesota Tax Identification Number: 1254166
Federal Tax Identification Number: 33-2435797
For application property:
Street Address: 5702 Penrose Ave N
City Oak Park Heights Zip 55082
Legal Description of the property:
beach's addition lot 9 block 2
Zoning District:
1
Is the property connected to the City water and sewer system? X Yes No
(If additional space is needed to adequately answer the following, please accurately number and
answer the responses on the back of these sheets.)
Describe the home occupation (type of home business) being proposed:
owner occupied, transient lodging in late fall, summer, and early fall
Describe the character of the existing surrounding property:
Single family home on .26 acres, 2 bdrm, 1.5 bhrm
Who is to be employed in proposed occupation?
no employees, currently only owner of home and proposed business
Will any person(s) be employed that does not live at the occupation address listed in this application?
Yes X No
In what part of the structure will the occupation be located?
Main level and basement
2
How many customers will be served at one time?
3-6 people
What are the intended days and hours of this occupation?
year round
What service will this occupation provide?
owner occupied main residence and transient lodging
Is off street parking available? X _ Yes
surface:
No If yes, describe location, capacity and type of
1 car garage and drive way suitable for 2-3 cars
Will there be a need for street parking? Yes X No If yes, how much space will be
needed?
Will the occupation require the use of an accessory building? Yes X No
If yes, please justify the need of an accessory building and describe the facility:
3
Will the home occupation require or involve any equipment not normally found in a dwelling unit?
Yes X No If yes, please describe the equipment:
Will the occupation involve over-the-counter sale of merchandise produced off the premises?
Yes X No If yes, please describe the merchandise to be sold:
How long do you anticipate the occupation be carried on at this address?
Indefinitely
How much of an investment in the premise is required for this occupation?
Home has been refurbished and upgraded to accommodate. reference: building permits
If an investment is required, does it include alteration? X Interior X Exterior
If so, please describe the required alteration:
New: roof, siding, insulation, walls, flooring, kitchen, bathroom, electrical
4
Are other governmental licenses or permits required to legally conduct business in this occupation?
x Yes No If yes, please list the licenses and/or permits below:
Transient Lodging permit from city of OPH
The City reserves the right upon issuing any home occupation permit to inspect the premises in which
the occupation is being conducted to insure compliance with the provisions of Zoning Ordinance
401.15.M "Home Occupations."
May the City inspect the premise during the application process? x Yes No
If no, please explain:
Is there any additional information regarding this application that the City should be aware of
concerning the occupation?
►[0
By signing this application, I declare that I have read all applicable City Ordinances. I affirm that all
information provided to the City of Oak Park Heights on this application, or as a part thereof, is true
and accurate to the best of my knowledge.
Date: 02 Jun 2025�
Signatur Applican
5
Please Check One: Fee shall be submitted with complete application.
Special Home Occupation — Fee: $100
(Ordinances 401.03 & 401.15.M)
Permitted Home Occupation —Fee: $ 25
(Ordinance 401.15.M)
Home Occupation Renewal (Annual) —Fee: $ 15