HomeMy WebLinkAbout2025-10-03 CUP Recording Reqeust to CA Julie Hultman
From: Julie Hultman
Sent: Friday, October 3, 2025 8:11 AM
To: Lmills@eckberglammers.com
Cc: Kevin Sandstrom
Subject: 15117 65th St N., OPH - CUP Recording
Attachments: 1330_001.pdf
Good Moring,
Please recorded the attached CUP for the Natalia project at 15117 65th St. N.
Thanks a bunch!
liPh* Julie Hultman I Building Official
Planning & Code Enforcement
Office: 651.351.1661
From: copier@cityofoakparkheights.com<copier@cityofoakparkheights.com>
Sent: Friday, October 3, 2025 8:03 AM
To:Julie Hultman<jhultman@cityofoakparkheights.com>
Subject:Attached Image
i
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) SS.
CITY OF OAK PARK HEIGHTS )
I, the undersigned being duly qualified and acting as Building Official for the City of Oak Park
Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document:
Conditional Use Permit
For
Accessory Detached Garage Structure
At
15117 65`h St., N.
City of Oak Park Heights
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a
full, true, and complete copy of said document within the files of the City of Oak Park Heights.
WITNESS my hand and the seal of the City of Oak Park Heights, this 3rd day of
October, 2025.
�-A' � - <4 i (—\
iulie . ultman
Buil i g Official �' .
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT FOR
ACCESSORY DETACHED GARAGE STRUCTURE
AT 15117 65TH STREET NORTH
Planners File No. 236.05-25.02
Legal Description: (Washington County Geo. Code: 34.030.20.32.0021)
SEE ATTACHED EXHIBIT A
Owner: Douglas and Meghan Hatalla
15117 651h Street North
Oak Park Heights, MN 55082
Applicant: same
Site Address: 15117 651h Street North, Oak Park Heights
Date Approved: May 27, 2025
Date Issued: August 5, 2025
Present Zoning District: R-1, Single Family Residential
Conditional use required as set forth in Ordinance Chapter 401 Section 401.15.13; 401.26.E.3
I. CONDITIONAL USE PERMITS: The property has an existing 1,064 sq. ft. single family
residential dwelling structure and existing 8'x10' shed. The subject property is a corner lot, with the
front lot line being Paris Avenue and the secondary front yard being 65th Street North. Because the
lot is on the corner, the front yard setback of 30 feet applies to both frontages. Accessory structures
are required to be located in the rear yard by ordinance but that is not possible given the size and
configuration of this corner lot and placement of the existing home, necessitating a conditional use
permit.
Applicants applied to the City of Oak Park Heights for a Conditional Use Permit and site plan to
build a detached garage accessory structure, originally 28'x40' totaling 1,120 sq. ft., which would
have brought total accessory structure space with the shed to the allowable maximum of 1,200 sq.
ft. Applicants later voluntarily reduced the requested garage size to 25'x35', or 875 sq. feet.
The corner lot has two front lot lines for setback purposes, with both setbacks being 30 feet.
Applicants originally applied for a 21-foot variance from the 30-foot setback that would have
placed the garage just 9 feet from the front property lines as to both Paris Avenue and 651h Street.
Applicants later voluntarily amended their site plan to conform the proposed garage to a 30-foot
setback from 651h Street. As to a 9-foot setback from the Paris Avenue property line, notably the
current home structure is likewise set back 9 feet from the property line on the Paris Avenue side,
therefore the 21-foot variance to allow a 9-foot setback from Paris Avenue for the new garage is
consistent with the placement of the current pre-existing home.
The justification for the reduced setback to Paris Avenue and placement in the front yard, which
the Council found reasonable and justifiable, is that the lot has double frontages, that the front
yard abuts both Paris Avenue and 65th Street, and given the placement of the principal structure on
the lot leaving no other available area for building an accessory structure in compliance with the
zoning code requirements without a CUP variance to the requirements. Further the size of the
requested detached garage has been voluntarily reduced and its placement in the yard shifted to
meet the 65th street frontage setback by the Applicant to better fit the constraints of this modest
sized lot. The City Council determined via passage of Resolution to grant the permits requested
for the front -yard placement, reduced front -yard setback, subject to the terms expressed below.
The City of Oak Park Heights approved the requested conditional use by the May 27, 2025
Resolution 25-05-15 of the City Council subject to the reasonable conditions and restrictions imposed
as follows:
The proposed garage structure of 25 feet x 35 feet is allowed to be constructed in the front
yard, and to be set back nine feet from 65th Street North and 30 feet from Paris Avenue
North
The City Engineer shall review the drainage for the site. The final grading for the
proposed structure shall be subject to review by and approval of the City Engineer.
3. Any exterior mechanical equipment associated with the accessory structure shall be
screened.
4. The exterior of the accessory structure shall be finished with siding and in a color to match
the current principal building exterior.
No kitchens or bathrooms shall be allowed in the proposed garage.
6. The applicant shall apply for and receive a building permit for the structure. All applicable
Building Code requirements shall be met.
7. The City shall ask the County to consider a four way stop at the intersection of 65th Street
and Paris Avenue North.
II. Reference Attachment:
The Owner's updated site plan as approved by the City Council and the report of the City Planner
dated May 22, 2025 and are annexed hereto as "Exhibit B" by reference.
III. Abandonment: This permit requires continuous use in order to preserve the Conditional Uses granted
by the City under the terms hereof. Any discontinuation or abandonment of the uses permitted
hereunder upon the site for a period of 12 continuous months shall constitute abandonment and void
the permit.
2
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
Date:
Date: -�—) 3 � Zr, �L c
Date: �{ 3
Dater S 4
This instrument drafted by:
Kevin S. Sandstrom, Esq.
Eckberg Lammers, P.C.
1809 Northwestern Ave.
Stillwater, MN 55082
CITY OF OAK PARK HEIGHTS
u k erty, Mayor
B 1
Jac Rife, City Administrator
Douglas Hatalla, Owner
Douglas Hatalla
Meghan Hatalla, Owner
By
Meghan Hatalla
3
EXHIBIT "A"
LEGAL DESCRIPTION
The North sixty-seven and one-half (67 %) feet of Lots One (1), Two (2), and Three (3), of Block Two (2),
McKenty's Addition to Stillwater, Washington County, Minnesota.
P.I.D. 34.030.20.32.0021
fl
EXHIBIT "B"
FINAL SITE PLAN AND PLANNER'S REPORT DATED 5/22/25
3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPCTPC@PlanningCo.com
MEMORANDUM
TO: Jacob Rife
FROM. Scott Richards
DATE: May 22, 2025
RE: Conditional Use Permit for Construction of a Garage in the Front
Yard and for Setback at 15117 65fh Street North
TPC FILE. 236.05 — 25.02
BACKGROUND
Douglas and Meghan Hatalla have submitted an application for Conditional Use Permits
(CUP) to allow for construction of a garage at 15117 65fh Street North. The application
is for two Conditional Use Permits, one to allow for placement of the structure in a front
yard and the second for a setback of 9 feet where 30 feet is required from 651h Street
North. The property is a corner lot and has two frontages/front yards, on Paris Avenue
North and on 65fh Street North. The proposed accessory building was 28 feet x 40 feet
square feet for a total of 1,120 square feet but has been revised to 25 feet x 35 feet to
875 square feet.
The property is zoned R-2 Low and Medium Density Residential District.
The Planning Commission, at their May 8, 2025, meeting, recommended the application
for the Conditional Use permit but added three conditions. The members were
concerned about the setback from 65fh Street and concluded that the structure could be
turned 90 degrees and placed closer to the south property line. By doing that, the
setbacks for the structure could be met and the only Conditional Use Permit required
would be for placing the structure in the front yard. The Planning Commission added
these conditions:
1. The structure shall be turned 90 degrees and placed at the south setback line of
the property.
2. The structure shall be adjusted in size (if necessary) so that the 30 foot setback
from 65fh Street, 30 feet from Paris Avenue, and the five foot setback from the
south property line is met.
3. The City shall ask the County to consider a four way stop at the intersection of
65fh Street and Paris Avenue North.
Page 56 of 108
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Planning Report with Exbibits — May 1, 2025
Exhibit 2: Revised Narrative from Applicants — May 22, 2025
Exhibit 3: Revised Garage Plans
Exhibit 4: Site Plan with New Garage Location
Exhibit 5: Draft Shared Driveway Easement
PROJECT DESCRIPTION
The revised project description and justification for the CUPs from Douglas and Meghan
Hatalla is found as Exhibit 2. New plans have also been provided for City Council
review. The proposed structure has been reduced in size to 25 feet x 35 feet or 875
square feet. (Previous size was 28 feet x 41 feet or 1,120 square feet) The structure is
to be placed nine feet from 65th Street, and 30 feet from Paris Avenue.
The Applicants have indicated that they cannot turn the structure 90 degrees and place
it at the south setback line because it would impede on a draft shared driveway
agreement with their adjoining neighbor. The shared agreement would not allow
placement of a structure in that easement area. Note that the garage could be turned
and placed on the south setback line without impeding the shared portion of the
driveway. The adjacent neighbor has supported the Hatalla's location of the garage, but
not the location on the south property line recommended by the Planning Commission.
CONCLUSION/RECOMMENDATION
The City Council should consider the recommendation of the Planning Commission and
the request of the Applicant with the reduced garage size. The Planning Commission
option would only require a CUP for placement in the front yard. The Applicant's plan
would require a setback Conditional Use Permit from 65th Avenue and for the placement
of the garage in the front yard. Resolutions have been provided for both options.
If the City Council is favorable to the request, it should consider the following conditions.
The three additional conditions of the Planning Commission are found in italics.
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.
3. The exterior of the proposed garage shall be finished with siding and in a
color to match the current principal building exterior.
4. No kitchens or bathrooms shall be allowed in the proposed garage.
2
Page 57 of 108
5. The applicant shall apply for and receive a building permit for the
structure. All applicable Building Code requirements shall be met.
6. The structure shall be turned 90 degrees and placed at the south setback
line of the property.
7. The structure shall be adjusted in size (if necessary) so that the 30 foot
setback from 65th Street, 30 feet from Paris Avenue, and the five foot
setback from the south property line is met.
8. The City shall ask the County to consider a four way stop at the
intersection of 65th Street and Paris Avenue North.
PC: Julie Hultman
3
Page 58 of 108
TPC3601 Thurston Avenue N, Suite 100
Anoka. MN 55303
Phone: 763. 231.5840
Facsimile- 763.427.0520
T,,@.....,.,,..C..
Enclosure 3
MEMORANDUM
TO: Jacob Rife
FROM: Scott Richards
DATE: May 1, 2025
RE: Oak Park Heights — Conditional Use Permit for Construction of a
Garage in the Front Yard and for Setback — 15117 65t' Street
North
TPC FILE: 236.05 — 25.02
BACKGROUND
Douglas Hatalla has submitted an application for Conditional Use Permits (CUP) to
allow for construction of a garage at 15117 65th Street North. The application is for two
Conditional Use Permits, one to allow for placement of the structure in a front yard and
the second for a setback of 9 feet where 30 feet is required from 65th Street North. The
property is a corner lot and has two frontages/front yards, on Paris Avenue North and
on 65t' Street North. The proposed accessory building is 28 feet x 40 feet square feet
for a total of 1,120 square feet.
The property is zoned R-2 Low and Medium Density Residential District.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1:
Project Narrative
Exhibit 2:
Location Map
Exhibit 3:
Survey/Site Plan
Exhibit 4:
Proposed Building Elevation
Exhibit 5:
Garage Floor Plan
Exhibit 6:
Site Photos
PROJECT DESCRIPTION
The project description and justification for the CUPs from Douglas Hatalla is found as
Exhibit 1.
Page 59 of 108
ISSUES ANALYSIS
Comprehensive Plan
The property is designated as low density residential in the Comprehensive Plan
Proposed Land Use Map. The request for the new accessory building is consistent with
the Comprehensive policies related to low density land use.
Zoning
The property is zoned R-2 Low and Medium Density Residential District. The accessory
building requirements in Section 401.15.D of the Zoning Ordinance require that the
structures be in a rear yard, be five or more feet from side lot lines, eight feet from the
rear lot line and six feet from any other structure on the same lot, unless requirements
of the Building Code are addressed.
The size limit for attached and detached accessory building size on a lot is 1,200 square
feet and the accessory buildings cannot exceed 25 percent of the total area of the rear
yard. Exceptions to these provisions can be made by Conditional Use Permit.
The subject property is a corner lot, with the front lot line being Paris Avenue and the
side yard being 65th Street North. In that the lot is on the corner, the front yard setback
of 30 feet applies to both frontages.
Accessory buildings are required to be in the rear yard and no front yard setback is
specified in the ordinance. In this case, the required setback from Paris Avenue would
need to comply with the principal building front yard setback of 30 feet. The proposed
structure will be set back 30 feet from Paris Avenue, and nine feet from 65th Street
North, consistent with the setback of the house from 65th Street North. A Conditional
Use Permit would be required for the setback to 65th Street and required in that the
proposed structure is in the front yard.
The proposed structure is 1,120 square feet. The ordinance allows for a maximum of
1,200 square feet of the combined size of attached and detached garages and sheds.
There is an existing 8 feet x 10 feet storage shed on the property. The total square feet
of detached structures will be 1,200 square feet.
While the size of the structure is consistent with the ordinance, the Applicants are
asking for a setback of 9 feet which is 21 feet within the required side yard. The
footprint of the house is 1,064 square feet. A standard two stall garage is 24 feet x 24
feet or 576 square feet, and a three stall garage is 24 feet x 36 feet or 864 square feet.
The Planning Commission should discuss whether a structure of this size is warranted.
Is it reasonable to allow a garage of this size and is it an issue for mass and scale in the
neighborhood? The length of the garage could be reduced from the 40 feet as
proposed to increase the setback to 651h Street North.
Page 60 of 108
Drainage/Utilities
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.
Criteria for Reduced Setback
Section 401.15.C.1.e.5) of the Zoning Ordinance specifies criteria for the reduction of a
setback by Conditional Use Permit:
5) A required yard on a lot may be reduced by a conditional use permit if the
following conditions are met:
a) The reduction of setback requirements is based upon a specific
need or circumstance which is unique to the property in question
and which, if approved, will not set a precedent which is contrary to
the intent of this Ordinance.
Comment: The lot is unique in that there is no rear yard. The garage
size could be reduced so that the setback from 65th Avenue could
be increased.
b) Property line drainage and utility easements as required by the
City's Subdivision Ordinance are provided and no building will
occur upon this reserved space.
Comment: The City Engineer will review the drainage. No easements
are impacted.
c) The reduction will work toward the preservation of trees or unique
physical features of the lot or area.
Comment: The setback of the proposed structure would be consistent
with the existing setback of the house.
d) If affecting a north lot line, the reduction will not restrict sun access
from the abutting lots.
Comment: The proposed structure should not create any sun access
issues.
e) The reduction will not obstruct traffic visibility, cause a public safety
problem and complies with Section 401.15.B.6 of this Ordinance.
Comment: The proposed structure should not create any visibility or
safety issues.
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Page 61 of 108
t) The conditions of Section 401.03.A.8 of this Ordinance are
considered and satisfactorily met.
Comment: The conditions are reviewed in this report.
Garage Standards
Section 401.15.C.1.8.e of the Zoning Ordinance establishes standards for residential
dwellings and accessory structures. The standard that applies to this proposed
accessory structure is as follows:
e. Single Family and Multiple Family Containing Up to Five (5) Units to Include Only
New Construction:
3) Garage Doors/Building Design for Attached or Detached Garages.
Garage doors may be located on another side of the dwelling ("side or
rear loaded') provided that the side of the garage facing the front public or
private street has windows and other architectural details that mimic the
features of the living portion of the dwelling.
The proposed garage doors will face to the west and not front either Paris Avenue or
65'h Street North. The building indicates windows on both sides of the garage facing the
right of way.
Accessory Building Requirements
Section 401.15. D provides a list of requirements for construction of an accessory
building on a property. Please find a review of those criteria:
Connection with Principal Building. An accessory building shall be
considered an integral part of the principal building if it is connected to the
principal building by a covered passageway.
Comment: The house and garage will not be attached.
2. Location. No accessory buildings shall be erected or located within any
required yard other than the rear yard except by approval of a conditional use
permit according to the provisions of Section 401.03 and Section 401.15.D.13 of
this Ordinance.
Comment: A Conditional Use Permit has been requested to allow the garage
structure in the front yard setback area.
3. Height/Setbacks. Accessory buildings shall not exceed twenty (20) feet in
height or exceed the height of the principal structure on the lot Accessory
buildings shall be five (5) feet or more from side lot lines, eight (8) feet from the
rear lot line and shall be six (6) feet or more from any other building or structures
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Page 62 of 108
providing the requirements of the Building Code are met. Accessory buildings
shall not be located within a utility and/or drainage easement unless written
approval is obtained from the easement holder. The setback and height
requirements under this provision may be varied by approval of a conditional use
permit as provided for in Section 401.03 and Section 401.15. D.13 of this
Ordinance.
Comment: A Conditional Use Permit has been requested for the 9 foot setback
from 65'^ Street North. All other setback and height requirements will be met.
4. Lot Coverage. No accessory building or detached garage or combination
thereof within a residential district shall occupy more than twenty-five (25)
percent of the area of the rear yard except by approval of a conditional use
permit according to the provisions of Section 401.03 and Section 401.15. D.13 of
this Ordinance.
Comment: The garage will occupy 19 percent of the front yard area.
5. Number of Structures. No building permit shall be issued for the construction
of more than one (1) private garage or storage structure for each detached single
family dwelling, commercial, industrial, public or institutional building except by
approval of a conditional use permit according to the provisions of Section
401.03 and 401.15. D.13 of this Ordinance. Every detached single-family
dwelling unit erected after the effective date of this Ordinance shall be so located
on the lot so that at least a two (2) car garage, either attached or detached, can
be located on said lot.
Comment: There is an existing storage shed. In that it is less than 120 square
feet it is exempt from the allowed number of structures. (See # 7 below)
6. Size. No accessory building for single family dwellings or combination of
attached and detached accessory buildings shall exceed one thousand, two
hundred (1,200) square feet of floor area, except by conditional use permit as
provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance.
Comment: The total area of the two detached structures will be 1,200 square
feet.
7. Administrative Approvals. Storage buildings one hundred twenty (120) square
feet or less and in conformance with the provisions of this Ordinance may be
approved by the Building Official without a building permit and may be in excess
of the number of structures allowable in Section 401.15. D.5. above.
Comment: Not applicable.
8. Building Permit. No building permit shall be issued for the construction of an
accessory building in a residential district when an existing detached garage or
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other accessory building is located on the same lot, except by conditional use
permit as provided for in Section 401.03 and Section 401.15. D.13 of this
Ordinance.
Comment: Only one detached structure is proposed and the existing structure is
less than 120 square feet.
9. Accessory Uses. No accessory uses or equipment such as air conditioning
cooling structures or condensers, swimming pools, and the like which generate
noise may be located in a side yard except for side yards abutting streets where
equipment is fully screened from view.
Comment: Any exterior mechanical equipment associated with the garage will
need to be screened.
10. Compatibility. The same or similar quality exterior material shall be used in the
accessory building and in the principal building. All accessory buildings shall
also be compatible with the principal building on the lot. 'Compatible" means that
the exterior appearance of the accessory building including roof pitch and style is
not at variance with the principal building from an aesthetic and architectural
standpoint.
Comment: The exterior of the garage has been designed to complement the
current principal building exterior.
Conditional Use Permits
The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning
Ordinance, are found as follows:
1. Relationship to the speciic policies and provisions of the municipal comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving the property.
8. The impact upon existing public services and facilities including parks, schools, streets,
and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained herein (i.e.,
parking, loading, noise, etc.).
Comment: The Planning Commission should comment if any of these criteria
will be at odds with the Conditional Use Permits proposed for the site. The lot is
unique in that the house placement does not provide a back yard for the property
and as a corner lot with double street frontages there is a practical difficulty for
placing an accessory building on the property. The garage size could be
reduced to allow for additional setback to 65t' Street North.
6
Page 64 of 108
CONCLUSION/RECOMMENDATION
Upon review of the request for the Conditional Use Permits, the Planning Commission
should consider the application to allow for construction of a garage at 15117 65t' Street
North. The request for construction in the front yard is reasonable but the garage size
and setbacks should be considered by the Planning Commission. If the Planning
Commission is favorable to the request it should consider the following conditions:
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.
3. The exterior of the proposed garage shall be finished with siding and in a
color to match the current principal building exterior.
4. No kitchens or bathrooms shall be allowed in the proposed garage.
5 The applicant shall apply for and receive a building permit for the
structure. All applicable Building Code requirements shall be met.
PC: Julie Hultman
7
Page 65 of 108
Exhibit 1
ATTN: Julie Hultman, Building Official
Planning & Code Enforcement
Narrative for conditional use permit on the property at 15117 65 Street N
To Whom It May Concern:
The owners of the property at 15117 65"' Street N in Oak Park Heights, Minnesota
(Douglas and Meghan Hatalla) have applied for a special use permit to build a garage
on their property. Due to the nature of the property — situated on a comer, with the
house at the far west side of the lot and the driveway running the entire southern side of
the property— the only viable space for this project is the side yard on the east.
However, Oak Park Heights interprets this side yard as a front yard (and, indeed, by that
logic, its also our side yard and back yard!), necessitating the need for a conditional use
permit.
As fellow residents of Minnesota, we know those reading this narrative can understand
the hardship posed by not having a garage. Our desire for this structure is predicated on
several factors: the need for storage, protecting our property and vehicles, enhancing
the neighborhood aesthetic, and safety. We understand that we are asking for certain
variance from the 30-foot setback as well.
Storage: when we moved to Oak Park Heights, the property had an 8x10 shed in the
comer of the lot. As a family of three (7, if we include our dogs and cats!) we quickly
filled this space, and, predictively, are spilling out of it. Our bikes are tied along the roof;
we swap out the lawnmower and snowblower with the season. Douglas, a millwright by
trade, has a large collection of tools that save us from hiring out for certain projects, but
multiple heavy chests take up floor space. And, as five -year -olds do, our daughter has
accumulated her share of summer toys from a picnic table, fairy garden sets, and more.
If you walk into the shed, there is just enough room for someone to take a step in and
turn around (watching their head).
A garage would give us some very literal breathing room. We would be able to access
our bikes more easily and give our daughter easier access to her outdoor toys. We
Page 66 of 108
would be able to store our recycling, garbage and compost bins inside as well, removing
the eyesore of having them visible to the neighborhood. Page 6 shows how we intend
to use the space.
Protection of property: A garage will allow us to park our vehicles inside a structure.
This keeps them safer (or at least presents a deterrent) to would-be criminals looking for
an unlocked door, catalytic converter theft, or some other activity. It also protects our
vehicles and batteries from the wear of winter weather, and the potential for damage
during hailstorms or other extreme weather events. The garage also offers a safe space
for toys and bikes that are often left outside in the summer months due to lack of access
to the shed.
Enhancing neighborhood aesthetic: In our four years in Oak Park Heights, we've
demonstrated our dedication to creating a beautiful space on our little corner. We take
great pride in landscaping and gardening. We love creating eclectic outdoor spaces
giving preference to local pollinator plants as well as balancing scents, colors and other
considerations, On the final page of this narrative, we've included screenshots of the lot
as it looked when we moved in (images are taken from Google Streetview, please
excuse the quality!). We've spent time every season since moving in battling the
invasive buckthorn and honeysuckle that ringed the property previously. We also
removed the dying black walnut tree out of our own pocket.
We can guarantee that our garage will not be eyesore. As noted above, we'll be able to
store our waste containers inside. We also plan to add trellises to the sides to grow
morning glories (which will thrive with that eastern morning light!) and other plants.
Safety: Our garage will not hamper visibility for vehicles arriving at the comer of
Paris/65' Street. We think it will make the corner safer, actually!
This comer has long been a source of consternation for us, as well as our neighbors
with growing families. Between just four families on the corner (not to mention the
friends and family who come to play between the yards as well), there are over 10 kids
under the age of 8. These kids are learning to ride bikes, running between homes,
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Page 67 of 108
accidentally throwing/kicking balls into the street, and more. It's also a popular walking
route for people and dogs. The high level of pedestrians necessitates some review of
the traffic patterns in the area... But that is not the point of this narrative =]
One of our hopes is that our garage will force people to actually stop at the stop sign at
Paris/651' street. One could sit for a week and count the number of cars that stop
without rolling through the intersection on one hand. With our garage, they will need to
pause at the comer, actually look to their right (and not just to the left to see if cars are
coming), and make an informed decision to turn right.
Another factor for safety is creating a confined space for our daughter and neighbors to
play. The garage on the eastern side of the property, bounded by the house on the
western side, creates a natural space that is away from the roads and keeps them in
sight from just about anywhere in the house.
Request for Variance: As noted and demonstrated in the opening paragraph, we truly
only have one space on our lot where a garage could feasibly be built. As I researched
the primary causation for 30 foot setbacks —the "why," if you will —it seems to come
down to a few factors and our garage will not interfere with any of them. The first is for
safety, and to ensure that emergency vehicles have access and structures aren't too
close to roads or utilities. Our garage won't interfere with that. The second is for privacy,
to create space between buildings and avoid overcrowding. By placing our garage
closer to the corner, and further from the house, we are avoiding overcrowding.
Aesthetics are another reason. We've included an Al rendering (pg 5) of how we
imagine our garage to look, and are certain it will be an aesthically-pleasing addition to
the corner (especially compared to what was there previously (pg 4). The final reason is
zoning compliance — to ensure that residential, commercial, and industrial areas are
separated appropriately. We aren't building any kind of commercial or industrial
structure.
Thank you for your time and consideration. We can be reached by phone or email to
address any further questions, considerations or concerns.
3
Page 68 of 108
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Page 70 of 108
SITE PLAN Exhibit PROJECT LOCATION:
FOR: Meghan Hatalla 15117 65TH STREET NORTH
meghatalla@gmail.com OAK PARK HEIGHTS, MN
PROJECT NO. 2720694
65TH STREET NORTH
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Building height - 10 feet
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SEE SURVEY BY CORNERSTONE
LAND SURVEYING, INC. DATED
10-5-2020 FOR ADDITIONAL
INFORMATION.
CERTIFICATION
I herehy certify that Ihm svlv°v, plan or rcparl w1
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DANIEL L YHURMES 4-14-25
Ucenseft. 25718 Date:
PROPOSED AREAS
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AREA OF PARCEL
= 8,116 SQ. FT.
IMPROVEMENTS TO REMAIN
HOUSE
=1,D64SQ. FT.
GRAVEL DRIVEWAY
= 915 SQ, Fr
FRONT PORCH
= 126 SO, FT.
CONCRETE
= 272 SQ. FT.
DECK
= 49 SO, FT
TOTAL
= 2,426 SQ. FT.
PROPOSED IMPROVEMENTS
GARAGE = 1120 SQ.FT
CONC. PADS = 41 SQ FT.
ADDMO14AL GRAVEL DRIVEWAY = 147 SQ.FT
TOTAL = 1,308 SQ.FT.
TOTAL EXISTING TO
REMAIN & PROPOSED = 3,734
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% IMPROVED = 46.0%
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Page 71 of 108
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Page 72 of 108
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Page 73 of 108
Exhibit 6
Page 75 of 108
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Meghan Hatalla: 651 278 6383, mgghiltalla0grnad.com
Douglas Hatalla: 715 441 3003, dhatalla@ymail.com
Page 78 of 108
Julie Hultman
From: Chelsea Dummer <chelsea.c.dummer@gmail.com>
Sent: Wednesday, April 2, 2025 7:59 PM
To: Julie Hultman
Subject: Approval for Hatalla's property
Hello Julie,
My name is Chelsea Dummer, and I live at 1332 4th Ave S, Stillwater. I approve of Meghan & Doug Hatalla
building a garage on their property at 15117 65th St N Oak Park Heights.
Sincerely,
Chelsea Dummer
608.220.7390
Page 79 of 108
Julie Hultman
From: Heather <heathergavin@gmail.com>
Sent: Thursday, April 3, 2025 8:13 AM
To: Julie Hultman
Subject: Garage at 15117 65th Street North
Good morning, Julie!
own a home across the street from Meghan and Doug Hatalla, and they told me of their plans to build a
garage on their property at 15117 65th St.N. I wholeheartedly approve. I think it will increase the curb
appeal and property value, and I look forward to seeing the project begin.
If you have any questions for me, please feel free to call.
Thanks,
Heather Gavin
6469 Paris Avenue North
Oak Park Heights, MN
651-442-2385
Page 80 of 108
Julie Hultman
From:
Margaret Nelson <margaretnelson218@gmail.com>
Sent:
Thursday, April 3, 2025 12:1 S PM
To:
Julie Hultman
Subject:
15117 65th St N
Hello Julie, my name is Margaret Nelson, and I live at 6461 Paris Ave N, Oak Park Heights MN 55082. We
approve of Meghan & Doug Hatalla building a garage on their property at 15117 65th St N Oak Park
Heights.
Sincerely,
Margaret and Bow Nelson
Page 81 of 108
Julie Hultman
From: Mike Rota <mwrota@gmail.com>
Sent: Saturday, May 3, 2025 1:05 PM
To: Julie Hultman
Subject: Hatalla Garage project
Dear Ms. Hultman,
My name is Michael Rota — my wife and I and our children live at 1509165th St N, Oak Park Heights. Meghan and Doug
Hatalla (at 15117 65th St N) are our next door neighbors to the East. Meghan has shared with me the plan for their
proposed garage and we Rotas do not have an objection.
The presence of the garage will reduce the visibility (when my kids cross 65th street) of cars traveling North on Paris and
turning left onto 65th (there is no stop sign coming from Paris, so they move along at a fair clip). However the visibility
will be no worse than it was when there was a large hedge (on the Hatalla's property), a hedge that the Hatallas cut
down when they moved in. So if we were okay with the hedge when the previous owners lived at 15117, 1 think we
should be fine with the garage.
Has the city ever considered making the Paris/65th St N intersection a 4 way stop? That would be a safety improvement.
Regardless, we do not object to the Hatalla's garage plan.
Sincerely,
Michael Rota
Page 82 of 108
ATTN: Julie Hultman, Building Official
Planning & Code Enforcement
To Whom It May Concern,
We, Douglas and Meghan Hatalla, are requesting a Conditional Use Permit to construct
a garage on our property at 15117 65th Street N. Due to the unique layout of our corner
lot, where the house is situated on the far west and the driveway runs along the
southern edge, the only feasible space for a garage is on the east side of our property.
Though this is our side yard, Oak Park Heights interprets this area as a front yard,
triggering the need for a conditional use permit and setback variance.
This request is based on four factors
1. Storage Needs: Our existing 8x10 shed cannot accommodate a growing family of
three (plus pets), outdoor gear, seasonal tools, and bikes. A garage would relieve daily
storage constraints and improve access.
2. Protection of Property: A garage would safeguard vehicles from theft and severe
weather, while offering secure storage for tools and toys.
3. Neighborhood Aesthetics: Since moving in, we've invested significant effort in
landscaping and beautification. The garage design will complement our lot. For
example, we can have trellises for climbing plants, move waste bins out of sight, etc.
We have also gathered support from many neighbors for this project, who have emailed
their thoughts to Julie Hultman.
4. Safety: The structure will not obstruct traffic visibility and may improve compliance at
the stop sign at 65th/Paris. It also creates a safe, enclosed space for neighborhood
children to play.
We understand that our plan includes a request for relief from the 30-foot setback rule
on the north side, along 65th/Orleans, where we will have it run along the same line as
our home. However, our proposal still aligns with the intent of such zoning regulations:
ensuring safety, spacing, and visual harmony. The proposed garage poses no risk to
Page 83 of 108
utility access or emergency vehicles and will enhance, not detract from, the corner's
character.
It's worth noting that our home was built in 1910, long before current zoning ordinances
were established. As such, the structure and lot layout may qualify as a legal
nonconforming use under current definitions. We are committed to working with the city
to ensure that this project respects local ordinances while serving our family's needs
and contributing positively to the neighborhood.
We also want to acknowledge the recommendation from the Planning Commission to
consider alternative placement. Unfortunately, we cannot comply with this
recommendation due to an agreement with our neighbor, with whom we share the
driveway. The draft of the agreement is attached, along with a visual of the garage.
Thank you for your time and consideration
Sincerely,
Douglas & Meghan Hatalla
Meghan Hatalla: 651 278 6383, me hatalla mail. com
Douglas Hatalla: 715 441 3003, dhatalla@gmail.com
2
Page 84 of 108
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Page 85 of 108
DRAFT - RECORDED SHARED DRIVEWAY AGREEMENT
THIS AGREEMENT, made and entered into this _ day of , 20, by and between:
Douglas Hatalla and Meghan Hatalla, husband and wife, residing at 15117 65th Street N, Oak Park
Heights, MN 55082, hereinafter referred to as "Owner A",
and
[Neighbor's Full Legal Name(s)], residing at [Neighbor's Full Address], hereinafter referred to as "Owner
B".
Collectively referred to as the "Parties".
RECITALS
WHEREAS, the Parties are the owners of adjacent parcels of real property located in Oak Park Heights,
Washington County, Minnesota, legally described as follows:
+ Owner A's Parcel:
[Insert full legal description of Owner A's parcel]
• Owner B's Parcel:
[Insert full legal description of Owner B's parcel]
WHEREAS, a driveway is located along or across the boundary of the above -described parcels and provides
vehicular access to each property (hereinafter the "Shared Driveway"); and
WHEREAS, the Parties desire to formalize their rights and responsibilities regarding the use and maintenance
of the Shared Driveway.
NOW, THEREFORE, the Parties agree as follows:
1. Grant of Non -Exclusive Access Easement
Each Party grants to the other a perpetual, non-exclusive easement over and across the Shared Driveway
for the purpose of ingress and egress by vehicle and on foot to and from their respective parcels.
2. Prohibition of Obstruction
Neither Party shall construct, install, or permit any structure, fence, gate, landscaping, or obstruction of any
kind on or over the Shared Driveway that would block, impede, or otherwise interfere with the other Party's full
and free use of the easement for access.
3. Maintenance and Repairs
The Parties shall share equally in the reasonable costs of maintenance, snow removal, and repair of the
Shared Driveway. Major repairs or alterations shall be agreed upon in writing by both Parties before
commencement.
4
Page 86 of 108
4. Running with the Land
This Agreement shall run with the land and shall be binding upon and inure to the benefit of the Parties,
their heirs, personal representatives, successors, and assigns.
5. Amendment
This Agreement may only be amended or terminated by a written instrument signed by both Parties and
recorded with the Washington County Recorder's Office.
6. Governing Law
This Agreement shall be governed by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the Parties have executed this Shared Driveway Agreement as of the date first
written above.
Owner A:
Douglas Hatalla
Meghan Hatalla
Owner B:
[Neighbor's Full Legal Name]
STATE OF MINNESOTA
COUNTY OF WASHINGTON
On this _ day of 20, before me, a Notary Public in and for said County and State, personally
appeared Douglas Hatalla and Meghan Hatalla, husband and wife, known to me to be the persons who
executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed.
Notary Public
My Commission Expires:
on
Page 87 of 108
SITE PLAN
FOR: Meghan Hatalla
meghatalla@gmail.com
65TH 5TREET NORTH
PROJECT LOCATION:
15117 65TH STREET NORTH
OAK PARK HEIGHTS, MN
PROJECT NO. ZZ20644
Cdi1
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GARAGEIN O F PROPOSED AREAS
Building height - 10 feet NORTH
Ceiling height - 10 feet 4 inches AREA OF PARCEL = 8,116 SQ. FT.
Peak height - 15 feet 4 inches IMPROVEMENTS TO REMAIN 0 20 40
HOUSE 1,064 SO. FT.
GRAVEL DRIVEWAY = 915 SST!. FT.
FRONT PORCH 126 SO, FT.
CONCRETE 272 50, FT.
SEE SURVEY BY CORNERSTONE DECK 49 SQ. FT.
LAND SURVEYING, INC. DATED TOTAL 2.426 SQ. FT.
10-5-2020 FOR ADDITIONAL i Suite Ave
INFORMATION. PROPOSED IMPROVEMENTS 195tlllwater, MN 55082
GARAGE = 1 120 SQ.FT Phone 651.275.8969
CONC. PADS = 41 SQ.FT. Fax 651.275.8976
CERTIFICATION ADDITIONAL GRAVEL DRIVEWAY = 147 SQ.FT. damp
cssurvey
TOTAL = 1,308 SQ.FT. net
I hereby certify that this survey, plan or report was TOTAL EXISTING TO
prepared by me, or under my direct supervision, and
that I am a duly Licensed Land Surveyor under the laws REMAIN & PROPOSED = 3,734 SQ.FT.
of the State of MINNESOTA.
% IMPROVED = 46.0%
4-27-25 f CORNERSTONE
4.A
. 25718S 4-14-25 LAND SURVEYING, INC..
License No. 25718 Date:
Page 88 of 108
RESOLUTION NO.
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 DOUGLAS AND MEGHAN HATALLA FOR A
CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION
OF A GARAGE IN THE FRONT YARD AT 15117 65TH STREET
NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request by Douglas and
Meghan Hatalla (Applicants) for Conditional Use Permits to allow for construction of a
garage in the front yard and for a reduced setback at 15117 651h Street North; and after
having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights recommended that the application be approved 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-2 Single Family Residential District in which
single family dwellings and accessory structures are a permitted use; and
4. Section 401.15.C. Ld of the Zoning Ordinance requires 30-foot front yard
setbacks from 65`4 Street North and Paris Avenue, a five foot side yard setback and 30-
foot rear yard setback in the R-2 Single Family Residential District; and
5. The Applicants have proposed a 25 foot x 35 foot structure to be set back
nine feet from 651h Street North and 30 feet from Paris Avenue North; and
Page 89 of 108
6. Section 401.15.D.2 of the Zoning Ordinance requires that all accessory
buildings be located in the rear yard except by Conditional Use Permit.
7. The Applicants have proposed placing the structure in the front yard in
that it is the only open space on the lot. The house, constructed in 1910, is in the area
considered the rear yard; and
8. The Applicant's have requested two Conditional Use Permits, one to
allow for placement of the structure in a front yard and the second for placement of the
garage nine feet from 65th Street North, where 30 feet is required.
9. City staff prepared planning reports dated May 8, 2025, and May 22,
2025, reviewing the request; and
10. The Planning Commission held a public hearing at their May 8, 2025
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions. The Planning
Commission added three conditions in addition to those recommended by City Staff:
1. The structure shall be turned 90 degrees and placed at the south setback
line of the property.
The structure shall be adjusted in size (if necessary) so that the 30 foot
setback from 651h Street, 30 feet from Paris Avenue, and the five foot
setback from the south property line is met.
3. The City shall ask the County to consider a four way stop at the
intersection of 65th Street and Paris Avenue North.
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 Douglas and Meghan Hatalla for Conditional Use
Permits to allow for construction of a garage in the front yard at 15117 651h 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:
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.
Page 90 of 108
3. The exterior of the proposed garage shall be finished with siding and in a color to
match the current principal building exterior.
4. No kitchens or bathrooms shall be allowed in the proposed garage.
5. The applicant shall apply for and receive a building permit for the structure. All
applicable Building Code requirements shall be met.
6. The structure shall be turned 90 degrees and placed at the south setback line of the
property.
7. The structure shall be adjusted in size (if necessary) so that the 30 foot setback
from 65`h Street, 30 feet from Paris Avenue, and the five foot setback from the
south property line is met.
8. The City shall ask the County to consider a four way stop at the intersection of
65th Street and Paris Avenue North.
Approved by the City Council of the City of Oak Park Heights this 27`h day of
May 2025.
Mary McComber, Mayor
ATTEST:
Jacob Rife, City Administrator
Page 91 of 108
ATTACHMENT A
Conditional Use Permit
To Allow Garage In Front Yard Setback
8
To Allow A Reduction to Setback Requirements
Doug Hatalla
15117 65th St. N.
Washington County Parcel ID Number: 34.030.20.32.0021
Legal Description: Lot 1, Block 2, McKenty's Addition
Page 92 of 108
ATTACHMENT B
Conditional Use Permit
To Allow Garage In Front Yard Setback
To Allow A Reduction to Setback Requirements
Doug Hatalla
15117 65th St. N.
Application Materials
• Application Form
• Fees
• Plan Sets
■ Written Narrative and Graphic Materials Explaining Proposal
■ Proof of Ownership or Authorization to Proceed
■ Property Tax State ment(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)
Page 93 of 108
RESOLUTION NO.
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 DOUGLAS AND MEGHAN HATALLA FOR
CONDITIONAL USE PERMITS TO ALLOW FOR CONSTRUCTION
OF A GARAGE IN THE FRONT YARD AND FOR A REDUCED
SETBACK AT 15117 65TH STREET NORTH BE APPROVED WITH
CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request by Douglas and
Meghan Hatalla (Applicants) for Conditional Use Permits to allow for construction of a
garage in the front yard and for a reduced setback at 15117 65`" Street North; and after
having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights recommended that the application be approved 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-2 Single Family Residential District in which
single family dwellings and accessory structures are a permitted use; and
4. Section 401.15.C.1.d of the Zoning Ordinance requires 30-foot front yard
setbacks from 65`h Street North and Paris Avenue, a five foot side yard setback and 30-
foot rear yard setback in the R-2 Single Family Residential District; and
5. The Applicants have proposed a 25 foot x 35 foot structure to be set back
nine feet from 651h Street North and 30 feet from Paris Avenue North; and
Page 94 of 108
6. Section 401.15.D.2 of the Zoning Ordinance requires that all accessory
buildings be located in the rear yard except by Conditional Use Permit.
7. The Applicants have proposed placing the stricture in the front yard in
that it is the only open space on the lot. The house, constructed in 1910, is in the area
considered the rear yard; and
8. The Applicant's have requested two Conditional Use Permits, one to
allow for placement of the structure in a front yard and the second for placement of the
garage nine feet from 651h Street North, where 30 feet is required.
9. City staff prepared a planning reports dated May 8, 2025, and May 22,
2025, reviewing the request; and
10. The Planning Commission held a public hearing at their May 8, 2025
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions. The Planning
Commission added three conditions in addition to those recommended by City Staff:
1. The structure shall be turned 90 degrees and placed at the south setback
line of the property.
2. The structure shall be adjusted in size (if necessary) so that the 30 foot
setback from 651h Street, 30 feet from Paris Avenue, and the five foot
setback from the south property line is met.
3. The City shall ask the County to consider a four way stop at the
intersection of 65`h Street and Paris Avenue North.
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 Douglas and Meghan Hatalla for Conditional Use
Permits to allow for construction of a garage in the front yard and for a reduced setback
at 15117 651h 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 proposed garage structure of 25 feet x 35 feet is allowed to be constructed in
the front yard, and to be set back nine feet from 651h Street North and 30 feet from
Paris Avenue North.
2
Page 95 of 108
2. 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.
3. Any exterior mechanical equipment associated with the garage shall be screened.
4. The exterior of the proposed garage shall be finished with siding and in a color to
match the current principal building exterior.
5. No kitchens or bathrooms shall be allowed in the proposed garage.
6. The applicant shall apply for and receive a building permit for the structure. All
applicable Building Code requirements shall be met.
7. The City shall ask the County to consider a four way stop at the intersection of
65th Street and Paris Avenue North.
Approved by the City Council of the City of Oak Park Heights this 27th day of
May 2025.
ATTEST:
Jacob Rife, City Administrator
Mary McComber, Mayor
3
Page 96 of 108
ATTACHMENT A
Conditional Use Permit
To Allow Garage In Front Yard Setback
8
To Allow A Reduction to Setback Requirements
Doug Hatalla
15117 65th St. N.
Washington County Parcel ID Number: 34.030.20.32.0021
Legal Description: Lot 1, Block 2, McKenty's Addition
Page 97 of 108
ATTACHMENT B
Conditional Use Permit
To Allow Garage In Front Yard Setback
8
To Allow A Reduction to Setback Requirements
Doug Hatalla
15117 65th St. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
• Property Tax State ment(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)
Page 98 of 108