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HomeMy WebLinkAbout2026-02-03 WC Recorded CUP 4497393 - Ross Shed PlacementReceipt:# 700892 USE $46.00 Return to: E - SIMPLIFILE 4844 North 300 West Suite 202 Provo UT 84604 4497393 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Certified Filed and/or recorded on: El El 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 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. L",C4t y Ju 'e ultman wild ng Official 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: 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 1 -o) 4 - 2 1 Date: � 7 /VL ✓ �2� Date: P laqb G Date: 1 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 gaherty1. Mayor By �- JacobAiK, City Administrator Nickolas Ross, Owner By Nickolas Ross Jessica Ross, Owner B J' 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 From: Alex Palumbo Sent: Monday, October 6, 2025 10:52 AM To: Julie Hultman <ihulttn n@cityofoakparkheights.cor-n> 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. 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 TPC3541 Thurston Avenue N, S ui I 100 Anoka, MN 55303 Phone: 763 231,5840 Facsrnlile„ 763.427.0520 TPC@,Plan ningCa.corn MEMORANDUM TO: FROM: DATE: RE: TPC FILE: BACKGROUND Jacob Rife Scott Richards September 30, 2025 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 3 [J EM • ;.art-1 fc° 4,0& F Its 1 Y v • ii �yf. g14 4 r} " 4, aSN r o' - kpr M *»w=, �� d: �; P ," ; f?=