HomeMy WebLinkAbout2025-10-28 CC Resolution 25-10-32 copy
RESOLUTION NO. 25-10-32
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
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.
2
Approved by the City Council of the City of Oak Park Heights this 28' day of
October 2025.
Chuck D erty, Mayor
ATTEST:
v .e.,...........,_ ......„
Jacob R' e, City Administrator
3
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
ATTACHMENT B
0
Conditional Use Permit
To Allow Construction of a
Shed In The Side Yard
Nickolas &Jessica Ross
5420 O'Brien Ave. 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: 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)