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HomeMy WebLinkAbout2024-11-25 OPH Return of CUP/Home Occupation Permit Request CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard North • Oak Park Heights, MN 55082 • Phone: 651/439-4439 • Fax:651/439-0574 November 25, 2024 Blake Van Denburgh & Megan Lauzon Rent LLC 15169 64th St. N. Oak Park Heights, MN 55082 Re: Conditional Use Permit/Home Occupation Requests 15169 64th St. N. & 6367 Paris Ave. N. Dear Blake & Megan, Per Blake's email of November 20, 2024, to withdraw the requests for the time being, please find enclosed the original submitted application materials and email communication regarding the parking pad for 6367 Paris Ave. N. We look forward to working with you on these in the future. Sincerely, PLANNING & CODE ENFORCEMENT Julie Hultman Enclosures c: Jacob Rife, City Administrator (wo enclosures) Scott Richards, The Planning Company(wo enclosures) Tree City U.S.A. Julie Hultman From: Blake Van Denburgh <blake@felizinc.com> Sent: Wednesday, November 20, 2024 11:32 AM To: Julie Hultman Cc: Megan Lauzon Subject: Re: Request for Short-Term Rental Approval for 6367 Paris Ave N and 15169 64th St N, Oak Park Heights Julie, Per our conversation just now let's pull both applications for now and we wilt create a complete package and ovulate for the future. Thanks, Blake On Nov 8, 2024, at 3:17 PM, Julie Hultman <jhultman@cityofoakparkheights.com>wrote: Thanks Blake. I am on my way out to deliver packets. I would expect to be over your way by 2:40 ish. If you still want to visit. I will have until 3 p.m. at which point I have another appointment on O'Brien. Thanks. From: Blake Van Denburgh <blake@felizinc.com> Sent:Thursday, November 7, 2024 3:43 PM To:Julie Hultman <jhultman@cityofoakparkheights.com> Cc: Megan Lauzon <meganklauzon@gmail.com> Subject: Re: Request for Short-Term Rental Approval for 6367 Paris Ave N and 15169 64th St N, Oak Park Heights Julie, Here is a plan for the parking pad. There is 14 feet between the fence and the garage retaining wall. Plan would be to build in the center behind the garage parallel to the fence. Intentions would be to complete fencing the property next summer which are the other lines. Thanks, Blake 1 __,---f Goggle Maps Q N ► �9 a a N 40) a, til a e3h, z a, N Google 0 n. Map data©2024,Map data©2024 20 ft Julie Hultman From: Scott Richards <scott@planningco.com> Sent: Wednesday, November 20, 2024 2:35 PM To: blake@felizinc.com Cc: Jacob Rife;Julie Hultman Subject: Short Term Rentals/Driveway Attachments: Variances - Criteria for Review.docx Blake: Please find attached the statute language and OPH Zoning Ordinance language related to variances. We talked to Lee, and he will need to see existing elevations as well as proposed elevations of the new driveway/pad. This would need to show the path of drainage and how there will be no impact for the neighbor to the east. You should put together a site plan,to scale,that shows the proposed setback and dimensions of the proposed driveway/pad. I looked at the property and would say there is justification for placing the driveway where you have proposed in that there is a significant elevation difference and a large tree by the existing driveway on Paris. Let me know if you have any other questions. Scott D. Richards The Planning Company LLC 3601 Thurston Avenue N,Suite 100 Anoka, MN 55303 Mobile: 952.221.0547 Facsimile: 763.427.0520 Email: Scott@PlanningCo.com 1 City of Oak Park Heights Minnesota Statute: 394.27 Subd. 7.Variances; practical difficulties. The board of adjustment shall have the exclusive power to order the issuance of variances from the requirements of any official control including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the official controls. No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located. The board of adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Oak Park Heights Zoning Ordinance: 401.04.A.5. Conditions 4. Review Criteria. In considering all requests for a variance and in taking subsequent action, the Planning Commission and City Council shall make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the 04-1 particular area, or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 5, below. 5. Conditions. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. e. The request is not a result of non-conforming lands, structures or buildings in the same district. 04-2 f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. 04-3