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Home My WebLink About2025-10-28 CC Packet EnclosureDate: October 28, 2025 New Business TO:Mayor and City Council FROM:Scott Richards, City Planner AGENDA ITEM:Setback Conditional Use Permit for Accessory Building – 5420 O’Brien Avenue North 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. The Planning Commission, at their October 9, 2025, meeting, held a public hearing and recommended the application for a Conditional Use Permit with conditions. FINANCIALIMPACT: x DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Approve Resolution 25-10-3 ATTACHMENTS: Planning Report Resolution 25-10-3 CCCCiiittt yyttyy ooooo fffffff OOO aaa kkkkk PPPaaarrrrkkkrkkHHHHHHHeeeeiiiiggghhhttttsss Page 34 of 57 MEMORANDUM TO: Jacob Rife FROM: Scott Richards DATE: October 23, 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. The Planning Commission, at their October 9, 2025, meeting, held a public hearing and recommended the application for a Conditional Use Permit with conditions. EXHIBITS The review is based upon the following submittals: Exhibit 1: Planning Report with Exhibits – September 30, 2025 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. x It already has a concrete foundation which held a shed the previous owners had. I’ve attached a Google street view image. Page 35 of 57 2 x 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. x 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. x 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. x 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. CONCLUSION/RECOMMENDATION The City Council 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 City Council is favorable to the request, it should consider the following conditions below and in the draft Resolution: 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 Page 36 of 57 Comment #1 – Provided to Planning Commission at 10/09/25 meeting From: Alex Palumbo Sent: Monday, October 6, 2025 10:52 AM To: Julie Hultman <jhultman@cityofoakparkheights.com> Subject: Support for shed construction at 5420 O'Brien Ave N Hi Julie, I own the home adjacent to and north of 5420 O'Brien Ave N, and I support their plan to build a shed on their property. Thanks, Alex Palumbo 14195 Upper 54th St N Oak Park Heights, MN 55082 Page 37 of 57 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 NICKOLAS AND JESSICA ROSS FOR A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF A SHED IN THE SIDE YARD AT 5420 O’BRIEN AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Nickolas and Jessica Ross (Applicants) for a Conditional Use Permit to allow for construction of a shed in the side yard at 5420 O’Brien Avenue 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-1 Single Family Residential District in which single family dwellings and accessory structures are a permitted use; and 4. 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; and 5. The Applicants have proposed placing the 80 square foot structure in the side yard in that with existing trees and landscaping, there is limited space for the shed in the rear yard; and Page 38 of 57 2 6. Section 401.15.D.3 of the Zoning Ordinance requires a five foot side yard setback, eight foot rear lot line setback, and six foot separation from any other building unless requirements of the Building Code are met; and 7. The Applicants have proposed the shed to be set back two feet from the house and 11 feet from property line; and 8. The shed shall be constructed to meet Building Code requirements because of the setback from the house; and 9. The Applicant’s have requested the Conditional Use Permit to allow for construction of a shed in the side yard at 5420 O’Brien Avenue North; and 10. City staff prepared a planning reports dated September 30, 2025, and October 23, 2025, reviewing the request; and 11. The Planning Commission held a public hearing at their October 9, 2025, meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Nickolas and Jessica Ross (Applicants) for a Conditional Use Permit to allow for construction of a shed in the side yard at 5420 O’Brien Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 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. Page 39 of 57 3 Approved by the City Council of the City of Oak Park Heights this 28th day of October 2025. ____________________________________ Chuck Dougherty, Mayor ATTEST: __________________________________ Jacob Rife, City Administrator Page 40 of 57 ATTACHMENT A Conditional Use Permit To Allow Construction of a Shed In The Side Yard Nickolas & Jessica Ross 5420 O’Brien Ave. N. Washington County Parcel ID Number: 04.029.20.32.0020 Legal Description: Lot 6, Block 2, Swager Bros. 9th Addition Page 41 of 57 ATTACHMENT B Conditional Use Permit To Allow Construction of a Shed In The Side Yard Nickolas & Jessica Ross 5420 O’Brien Ave. N. Application Materials x Application Form x Fees x Plan Sets x Written Narrative and Graphic Materials Explaining Proposal x Proof of Ownership or Authorization to Proceed x Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: October 9. 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 42 of 57