HomeMy WebLinkAbout2025-10-28 Fully Executed CUP sent to CA for Recording Julie Hultman
From: Julie Hultman
Sent: Friday, January 30, 2026 1:35 PM
To: Kevin Sandstrom
Subject: 5420 O'Brien Ave. N., OPH - CUP for Accessory Structure
Attachments: 2030_001.pdf
Hi,
Attached is the fully executed CUP for the Ross Accessory Structure placement for recording with Washington
County.
Thank you.
talit Julie Hultman I Building Official
Planning & Code Enforcement
Office: 651.351.1661
1
Julie Hultman
From: Julie Hultman
Sent: Friday,January 30, 2026 1:36 PM
To: nickolas.r.ross@gmail.com
Subject: 5420 O'Brien Ave. N., OPH - CUP for Accessory Structure
Attachments: 2030_001.pdf
Hi,
Attached is the fully executed CUP for your Accessory Structure placement. This has been sent for recording with
Washington County.
Have a great weekend!
Thank you.
e Julie Hultman I Building Official
Planning & Code Enforcement
Office: 651.351.1661
1
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
Allowing
Accessory Structure Placement
At
5420 O'Brien Ave., 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 30th day of
January 2026.
.,CFI,'
euilng
tman -'=`i
Official �` •'�
•I••+f Fi I17MSf �55565>•L\
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT FOR
ACCESSORY STRUCTURE
AT 5420 O'BRIEN AVENUE NORTH
Planners File No. 236.05-25.03
Legal Description: (Washington County Geo. Code: 04.029.20.32.0020)
SEE ATTACHED EXHIBIT A
Owner: Nickolas and Jessica Ross
5420 O'Brien Avenue North
Oak Park Heights, MN 55082
Applicant: Same
Site Address: 5420 O'Brien Avenue North, Oak Park Heights
Date Approved: October 28, 2025
Date Issued: November q 2025
Present Zoning District: R-1, Single Family Residential
Conditional use required as set forth in Ordinance Chapter 401 Section 401.15.D.2, 401.15.D.3
I. CONDITIONAL USE PERMITS: The property has an existing 962 sq. ft. single family residential
dwelling structure. Accessory structures are required to be located in the rear yard by ordinance but
that is not possible given the topography of the 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 shed, measuring 8'x10' totaling 80 sq. ft., which is under the allowable maximum of 1,200
sq. ft. for accessory structures. The shed will be built on an existing concrete slab where a prior
owner of the property also had a shed in the past. As noted in the conditions, additional Building
Code requirements will apply for fire resistant construction due to the close proximity to the
garage structure.
Applicants applied for a 4-foot variance from the 6-foot separation from any other building. The
shed will be set back 2 feet from the garage attached to house and 11 feet from the property line.
The setback variance is necessary in order to use the existing concrete slab, as insufficient area
exists in the rear yard that is flat enough for a shed while also meeting setback requirements.
The justification for the reduced building setback and placement in the side yard, which the
Council found reasonable and justifiable, is that the lot has topography and existing trees that
1
preclude an accessory structure in the rear yard, and given the placement of the principal structure
on the lot, there is no other reasonable available area to build an accessory structure in compliance
with the zoning code requirements without a CUP variance to the requirements. The City Council
determined via passage of Resolution 25-10-32 to grant the permits requested for the side -yard
placement and reduced building setback for the shed, subject to the terms expressed below.
The City of Oak Park Heights approved the requested conditional use by Resolution 25-10-32 of the
City Council on October 28, 2025 subject to the reasonable conditions and restrictions imposed as
follows:
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 and garage.
II. Reference Attachment:
The Owner's updated site plan as approved by the City Council and the report of the City Planner
dated October 23, 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: I I -' -2bZ J'
Date: � 7 /VL
✓ �2�
Date: t laqb G
Date: I 12-q Z ('P
This instrument drafted by:
Kevin S. Sandstrom, Esq.
Eckberg Lammers, P.C.
1809 Northwestern Ave.
Stillwater, MN 55082
CITY OF OAK PARK HEIGHTS
By
Chuck gherty, Mayor
Fi%
L
Jacobkife, City Administrator
Nickolas Ross, Owner
By^ �
Nickolas Ross
Jessica Ross, Owner
B
Jessica Ross
3
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 6, Block 2, Swager Bros. 9th Addition
P.I.D. 04.029.20.32.0020
ki
EXHIBIT "B"
FINAL SITE PLAN AND PLANNER'S REPORT DATED 10/23/25
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427,0520
TPCL&PlanningCo.com
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 I V 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.
Page 35 of 57
• 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.
CON CLUSIONIRECOMMENDATION
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
2
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<ihultman@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.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:
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
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:
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.
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
Page 39 of 57
Approved by the City Council of the City of Oak Park Heights this 281h 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
• 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)
Page 42 of 57
TPC3601 Thurston Avenue N. Suite 100
Anoka. MN 55303
Phone: 753. 231 .584❑
Facsimile. 763.42 7.0520
TPC4@PlanningCo.corn
MEMORANDUM
TO:
FROM:
DATE:
RE:
TPC FILE:
BACKGROUND
Jacob Rife
Scott Richards
September 30, 2025
Enclosure 2
Oak Park Heights — Setback Conditional Use Permit for Accessory
Building — 5420 O'Brien Avenue North
236.05 — 25.03
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 I 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.
• 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.
Ira
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 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
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.
0
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.
CONCLUSIONIRECOMMENDATION
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
5
Exhibit 1
Conditional Use Permit Request
5420 Obrien Ave N, Oak Park Heights, MN 55082
Nickolas & Jessica Ross
Project Narrative
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'.
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.
- 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 foundation 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 2
Conditional Use Permit Request
5420 Obrien Ave N, Oak Park Heights, MN 55082
Nickolas & Jessica Ross
Project Narrative
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.
- North side of backyard is down hill 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
o Several trees in our backyard also inhibit our ability to build a shed and foundation 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.
Attached 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
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