HomeMy WebLinkAbout09-04-18 • RESOLUTION NO. 0 9- 0 4 -18
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 DOUG CORBLICK OF 1547158 T11 STREET NORTH FOR
THREE CONDITIONAL USE PERMITS TO LOCATE AN ACCESSORY
BUILDING WITHIN A SIDE YARD, TO LOCATE IT WITHIN THE FIVE
FOOT SIDE YARD SETBACK, AND TO ALLOW FOR TWO
ACCESSORY STRUCTURES BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Doug
Corblick of 15471 58 Street North for three conditional use permits to locate an accessory
building within a side yard, to locate it within the five foot side yard setback, and to allow for
two accessory structures; 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 which
requires a five foot setback from side lot lines and eight feet from rear lot lines. The accessory
structure is located completely within the five foot side yard setback and encroaches on a
neighboring property requiring a conditional use permit; and
4. Section 401.15.D of the Zoning Ordinance requires accessory buildings to
be located in a rear yard and only one detached accessory building is allowed per single family
lot. Conditional use permits are required to allow the Corblick accessory building in the side lot
and for a second accessory building on the lot; and
5. The accessory building has been constructed approximately five feet into
property owned by Northern States Power Company. The applicant has received an
Encroachment License Agreement from Northern States Power Company to allow the accessory
structure to remain; and
6. City staff prepared a planning report dated April 1, 2009 reviewing the
request for the conditional use permits; and
7. City staff recommends in the April 1, 2009 planning report that the request
be approved with conditions; and
8. The Planning Commission held a public hearing at their April 9, 2009
meeting, took comments from the applicant, 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 Doug Corblick of 15471 58 Street North for three
conditional use permits to locate an accessory building within a side yard, to locate it within the
five foot side yard setback, and to allow for two accessory structures 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 applicant shall provide a signed copy of the Encroachment Licensing Agreement
from Northern States Power Company. All provisions of the agreement shall be
complied with by the applicant/property owner.
2. The applicant/property owner shall not make additions to the structure.
3. If the structure is destroyed by more than 50 percent of its value, it shall not be repaired
or replaced unless brought into conformance with the Zoning Ordinance.
4. Upon sale of the property, the conditional use permit shall be reviewed and considered
for continuation by the City Council.
5. If Northern States Power withdraws the Encroachment Licensing Agreement, the
conditional use permit shall expire and the structure shall be brought into conformance
with the Zoning Ordinance.
2
Approved by the City Council of the C' of Oak P ights this 28 of April
2009.
Wieaudet, Mayor
AT ?./oWson,
Eri ity Ad ministrator
•
3
Attachment A
Washington County GEO Code: 03.29.20.21.0085
Legal Description: Lots 6 & 7, Block 1, Oak Park Heights Additions,
Washington County, Minnesota
Physical Address: 15471 58 St. N.
Oak Park Heights, MN 55082
•
ATTACHMENT B
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/150' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s) /Legal Description(s)
Planning Commission Public Hearing & Recommendation: April 9, 2009
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)