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HomeMy WebLinkAbout2025-09-30 TPC MemorandumMEMORANDUM TO: Jacob Rife FROM: Scott Richards DATE: September 30, 2025 RE: Oak Park Heights – Setback Conditional Use Permit for Accessory Building – 5420 O’Brien Avenue North TPC FILE: 236.05 – 25.03 BACKGROUND Nickolas and Jessica Ross (Applicants) have submitted an application for a Conditional Use Permit (CUP) required for placement of an accessory building in the side yard at 5420 O’Brien Avenue North. The proposed accessory building is 80 square feet and will be located on the north side of the garage on an existing concrete slab. The property is zoned R-1 Single Family Residential District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Location Map/Site Plan Exhibit 3: Building Plan Exhibit 4: Site Photos PROJECT DESCRIPTION The project description for the application is as follows and found as Exhibit 1. We are seeking a Conditional Use Permit to install a shed next to our garage (north side). The shed will be purchased, built and installed by Tuff Shed and will be 8’x10’, with a height of 6.5’. Shed would be about 2’ from the wall of the garage and 11’ from the property line to the north. Shed would be used for outdoor power equipment and woodworking tools. Reasons for wanting to put this in the side yard and not the backyard. •It already has a concrete foundation which held a shed the previous owners had. I’ve attached a Google street view image. Enclosure 2 2 • North side of backyard is downhill from neighbors’ yard and has quite a bit of water run-off and the foundation might not be stable. • We do not have an area in our backyard that is flat enough for an 8’x10’ shed and also more than 5’ from our property line. • Several trees in our backyard also inhibit our ability to build a shed and foundation we would not like to remove any trees as they are all healthy. • Both of our immediate neighbors also have sheds in the side yards, I’m assuming they were grandfathered in but we like the look of it and also would make life easier when it snows. Attached google street view photo and GIS Image (which was provided by Julie) show a shed previously in the exact place we want to put one. ISSUES ANALYSIS Comprehensive Plan The property is designated as low density residential in the Comprehensive Plan Proposed Land Use Map. The request for the accessory building is consistent with the Comprehensive policies related to low density land use. Zoning The property is zoned R-1 Single Family 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. Accessory buildings are required to be in the rear yard. In this case, the shed will be placed in the side yard adjacent to the house. The Applicants have indicated in the project narrative that the trees, topography and drainage would not allow placement in the rear yard. A Conditional Use Permit would be required for the proposed structure in the side yard. The Applicants have provided a site plan that indicates the placement of the structure two feet from the house and 11 feet to the property line. The Zoning Ordinance requires a five foot setback to the property line and six foot setback to the house unless Building Code requirements are met. The shed will be required to be constructed in accordance with the Building Code to allow a two foot separation. Drainage The City Engineer will review the drainage for the site. There should be no issues with drainage on the side lot in that the shed will be 11 feet from the property line. 3 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: 1. 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 shed 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 shed structure in the side 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 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: The proposed setback from the house is two feet that will be addressed to comply with Building Code. 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 proposed shed will be in the side yard. 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 4 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: The existing garage is part of the house. The proposed shed will be the first detached structure on the lot. 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 garage and proposed shed will be approximately 650 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: The proposed shed at 80 square feet will not require a building permit. 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 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: The proposed shed is the first detached accessory structure on the lot. 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 shed 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. 5 Comment: The exterior of the shed will need to be 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 specific 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 Permit proposed for the site. There is limited area in the rear yard to construct a shed. The shed should not have an impact on the adjoining property, and there is no impact on public services or traffic. CONCLUSION/RECOMMENDATION The Planning Commission should consider the application for a Conditional Use Permit required for placement of an accessory building in the side yard at 5420 O’Brien Avenue North. If the Planning Commission is favorable to the request, it should consider the following conditions: 1. Any exterior mechanical equipment associated with the shed shall be screened. 2. The exterior of the proposed shed shall be finished with siding and in a color to match the current principal building exterior. 3. No kitchens or bathrooms shall be allowed in the proposed shed. 4. All applicable Building Code requirements shall be met to address the proximity of the proposed shed to the house. PC: Julie Hultman Condi&onal Use Permit Request 5420 Obrien Ave N, Oak Park Heights, MN 55082 Nickolas & Jessica Ross Project NarraAve We are seeking a CondiAonal Use Permit to install a shed next to our garage (north side). The shed will be purchased, built and installed by Tuff Shed and will be 8’x10’. Reasons for wanAng to put this in the side yard and not the backyard -It already has a concrete foundaAon which held a shed the previous owners had. I’ve aWached a Google street view image. -We do not have an area in our backyard that is flat enough for an 8’x10’ shed and also more than 5’ from our property line o Several trees in our backyard also inhibit our ability to build a shed and foundaAon and we would not like to remove any trees as they are all healthy. -Both of our immediate next door neighbors also have sheds in the side yard, I’m assuming they were grandfathered in but we like the look of it and also would make life easier when it snows. Shed would be about 2’ from the wall of the garage and 11’ from the property line to the North. Exhibit 1 Condi&onal Use Permit Request 5420 Obrien Ave N, Oak Park Heights, MN 55082 Nickolas & Jessica Ross Project NarraAve We are seeking a CondiAonal Use Permit to install a shed next to our garage (north side). The shed will be purchased, built and installed by Tuff Shed and will be 8’x10’, with a height of 6.5’. Shed would be about 2’ from the wall of the garage and 11’ from the property line to the North. Shed would be used for outdoor power equipment and woodworking tools. Reasons for wanAng to put this in the side yard and not the backyard -It already has a concrete foundaAon which held a shed the previous owners had. I’ve aYached a Google street view image. -North side of backyard is down hill from neighbors yard and has quite a bit of water run-off and the foundaAon might not be stable. -We do not have an area in our backyard that is flat enough for an 8’x10’ shed and also more than 5’ from our property line o Several trees in our backyard also inhibit our ability to build a shed and foundaAon and we would not like to remove any trees as they are all healthy. -Both of our immediate next door neighbors also have sheds in the side yard, I’m assuming they were grandfathered in but we like the look of it and also would make life easier when it snows. AYached google street view photo and GIS Image (which was provided by Julie) shows a shed previously in the exact place we want to put one. Exhibit 2 Exhibit 3 Exhibit 4