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HomeMy WebLinkAbout2025-10-20 WC Recorded CUP - Document #4485951Receipt:# 690697 USE $46.00 Return to: E - SIMPLIFILE 4844 North 300 West Suite 202 Provo UT 84604 4485951 IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Certified Filed and/or recorded on: 10/20/2025 2:26 PM CElf:1.7'1+7i 1 Office of the County Recorder Washington County, Minnesota Amy Stenftenagel, County Recorder 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 6P 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. Julie: 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 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 65" 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 65`h 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-I 5 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 65`h 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 65'h Street and Paris Avenue North. 11. 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: Date: , ,., 3 ?Q� Date: This instrument drafted by: Kevin S. Sandstrom, Esq. Eckberg Lammers, P.C. 1809 Northwestern Ave. Stillwater, MN 55082 CITY OF OAK PARK HEIGHTS 1 u k a erty, Mayor By 1 Jac 'Rife, City Administrator Douglas Hatalla, Owner Douglas Hatalla Meghan Hatalla, Owner p. By Meghan Hatalla 3 EXHIBIT "A" LEGAL DESCRIPTION The North sixty-seven and one-half (67 %2) 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 11 EXHIBIT "B" FINAL SITE PLAN AND PLANNER'S REPORT DATED 5/22/25 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@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 65fh 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. 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 65«' Street and Paris Avenue North. PC: Julie Hultman 3 Page 58 of 108 • Phone, 763.231.5840 Facsimile! 763.427.0520 PCT a 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 651h 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 65tt' 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 65t' Street North_ The property is a corner lot and has two frontages/front yards, on Paris Avenue North and on 651h 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 65"' 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 65"' Street North, consistent with the setback of the house from 65'" Street North. A Conditional Use Permit would be required for the setback to 65"' 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 651' 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. 3 Page 61 of 108 f) 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 4 Page 62 or 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 65t' 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.S. 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 Page 63 of 108 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 Pemnits 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 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 65th 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 penult on the property at 15117 65 Street N To Whom It May Concern: The owners of the property at 15117 651h 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, it's 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 corner 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. RGIN dlon of properb: 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 nelghbortrood aesf mbc: 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'h 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, 2 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/65' 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 Exhibit Z Page 69 of 108 Exhibit 2 Page 70 of 108 SITE PLAN Exhibit 3 FOR: Meghan Hatalla meghatalla@gmaii.com - - - - ------- ------- - - ---- . ....... ...... - - - ------ ---- - - ----- 0 GA62ACE E-ASTWC EXISTINia CAPACE H40use GARAGEINFO Building height - 10 feet Ceiling height- 110feet al.Inches Peak height- 15 feet 4 inches SEE SURVEY BY CORNERSTONE LAND SURVEYING, INC. DATED 10-5-2020 FOR ADDITIONAL INFORMATION. CERTIFICATION I hereby, teinty that this w—j. Via" or repot was tare®; red tvv nrt * or under my direct supervision, and that I am A duty Ucerrsv:l Land Surwyor under the laws of the Smirt 00 KINN NESOTA 4-27-2S Ucen5eNo. 25718 Date: ,—. 4 1 1 1 4- 1 2 1 5 PROPOSED AREAS AREA OF PARCEL 8,116 SQ. Fr. IMPROVEMENTS TO REMAIN HOUSE = 1,064 SQ. FF. GRAVEL DRIVEWAY = 97SSQFr. FRONT PORCH = 126 SQ. FT. CONCRETE = Z72 SQ. Fr. DECK = 49 SQ. FT TOTAL = 2,426 SQ. Fr PROPOSEDIMPROVEMENTS GARAGE= 1120 SQ.FT CONC. PADS = 41 SQFT. ADDITIONAL GRAVEL DRIVEWAY = 147 SQ.FT, TOTAL = 1,308 SQ.FT. TOTAL EXISTING TO REMAIN & PROPOSED = 3,734 SQ.FT. % IMPROVED = 46.0% PROJECT LOCATION: ........ ...................................... 15117 65TH STREET NORTH OAK PARK HEIGHTS, MN PRMECrNa. 22201544 171 Cr Cal NORTH 0 20 40 Suite #200 1970 Naritmwitern Ave Stillwater, MN 55082 Phone 65 F.27 5.8969 FaX GST.275,8976 da,0 c5survey net CORNERSTONE LAND SURVEYING, INC. Page 71 of 108 a Exhibit 4 Page 72 of 108 a) U O a N O w a) N 7 w O O a) a Exhibit 5 Page 73 of 108 Exhibit 6 Page 74 of 108 Exhibit 6 Page 75 of 108 Exhibit 6 Page 76 of 108 Exhibit 6 Page 77 of 108 Meghan Hatalla: 651 278 6383, meahtalla 11, m Douglas Hatalla: 715 441 3003, dhatalla gmail.com Page 78 of 108 Julie Hultman From: Chelsea Dummer cchelsea.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 12:15 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 1 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 cmail.com Douglas Hatalla: 715 441 3003, dhatalla gmail.com 2 Page 84 of 108 CD ato cc co L qqx cc N A NE a M 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: 5 Page 87 of 108 SITE PLAN FOR: Meghan Hatalla meghatalla@gmail.com 65TH STREET NORTH GARAGEINFO Building height - 10 feet Ceiling height - 10 feet 4 inches Peak height - 15 feet 4 inches SEE SURVEY BY CORNERSTONE LAND SURVEYING, INC. DATED 10-5-2020 FOR ADDITIONAL INFORMATION. CERTIFICATION I hereby certify that this survey, plan or report was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the State of MINNESOTA. a-z7—zs DANIEL L THURMES License No. 25718 Date: 4- 14- 25 PROPOSED AREAS AREA OF PARCEL = 8,116 SQ. FT. IMPROVEMENTS TO REMAIN HOUSE 1,064 SQ. FT. GRAVEL DRIVEWAY 915 SQ. FT. FRONT PORCH 126 SQ. FT. CONCRETE 272 SQ. Ff, DECK 49 SQ. FT. TOTAL 2.426 SQ. FT. PROPOSEDIMPROVEMENTS GARAGE = 1120 SQ.FT CONIC. PADS = 41 SQ.FT. ADDITIONAL GRAVEL DRIVEWAY = 147 SQ.FT TOTAL = 1,308 SQ.FT. TOTAL EXISTING TO REMAIN & PROPOSED = 3,734 SQ.FT, % IMPROVED = 46.0% PROJECT LOCATION: 15117 65TH STREET NORTH OAK PARK HEIGHTS, MN PROJECT NO. ZZ20644 O 's Suite #200 1970 Northwestern Ave Stillwater, MN 5508Z Phone 651.275.8969 Fax 651.275.8976 dan@ cssurvey net CORNERSTONE LAND SURVEYING. INC, Page W 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 65`h 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`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 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: 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 65th Street, 30 feet from Paris Avenue, and the five foot setback from the south property line is met. 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 65`h 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. 2 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 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 men t(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: May 8. 2025 Required Approvals: CUP City Council 415 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 65th 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 65h 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 fiom 65`h 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, constricted 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: 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 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. 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 27`h day of May 2025. Mary McComber, Mayor ATTEST: Jacob Rife, City Administrator 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 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) Page 98 of 108