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HomeMy WebLinkAbout2008-10-09 PC Recommending Resolution A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESO ESTABLISHING FINDINGS OF FAC's` AND RECOMMENDING TO THE CITY COUNCIL THAT THE ZONING ORDINANCE BE AMENDED T ALLOW CERTAIN PROVISIONS IN SECTION 401,15.D, , ACCESSORY BUILDINGS, USES AND EQUIPMENT TO BE VARIED BY CONDITIONAL USE PERMIT WHEREAS, the City of Oak Park eights has considered revising Section 401.15.D, , ceessory Buildings, Uses and Equipment to allow certain provisions to be varied by conditional use p ermit; and after having conducted a public hearing relative thereto, the Plan.mlig Commission of Oak Park -heights makes the following findings of fact: I . Section 401.15.D, Acc ssory Buildings, Uses and Equipment allows certain provisions, such as number of str ct res or size, to be varied by conditional use permit; any 2. Provisions in Section 401.15.D related to accessory building location, setbacks, height, and lot coverage may be varied only by variance; and 3. City staff prepared a planning report dated September 3, 2008 recommending an ordinance an for allowing additional provisions to be varied by conditional use permit in Section 401.15.D; and 4. The Planning Commission discussed the amendments at their September ber I, 2008 meeting, held a pub 1io hearing at their ni eeti nc on October 9, 2005; tools cominents from the public, closed the public hearing, and made the following recommendation: No's, 'THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY of OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The Zoning rdinance be an to allow certain provisions in Section 401.15.D, Accessory Buildings, Uses and Equipment to be varied by conditional use perinit, Be and the same as hereby recommended to the City Council of the City of Oak Park eights for approval with the following arrrendment: 40 ..15. . Accessory Buildings, Uses and Equipment. 1. 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. 2. Location. No accessory buildings shall be erected or located within any required ra.rd 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. 1 of this Ordinance. 3. Height /Setbacks. Accessory buildings shall not exceed twelve 12 feet in height and shall be five 5 feet or n - tore from side lot lines, eight feet from the rear lot line, and hall be six 6 feet or more `rom any other building or structure on the same lot and shall not be located within a utility and/or drainage easement. Accessory building height n be increased an additional five feet with approval of the Building official to match roof pith or style of a principle structure. The setback and height requirements under this provision may be varied by approval of a conditional use permit as provided for ill Section 401.03 and Section 401.15.D. 13 of this Ordinance. Accessory buildings may be closer than six 6 feet to other buildings or tr ctures providing the requirements of the Building Code are met. 4. Lot Coverage. No accessory building or detached garage or combination ation th reo within a residential district shall occupy more than twenty-five 2 percent of the area of the rear yard except by approval of a conditional use perinit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 1 5. Number of Structures. No building pern - i t shall be issued for the construction of more than one 1 private garage or storage structure for each detached single family welling, commercial, industrial, public or institutional building except by approval of a conditional use peri -nit according to the provisions of Section 401.03 and 401.15. D. 13 of this Ordinance. E very 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 ear garage, either attached or detached, can be located on said lot. 6. Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand 1,000) 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. 7. Administrative Approvals. Storage buildings one hundred twenty 12 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. 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 saine lot, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D. 13 of this Ordinance. 2 9 . Size Limit. Except in the ease of single family detached dwellings, accessory uildings shall not exceed thirty 30 ) percent of the r ss floor area of the principal buildings. In hose cases where the standards are exceeded, a conditional use permit as provided for ill Section 401.03 and S ec ion 401.15, D, 1 of this ordinance. 10, Accessory Uses. No accessory uses or equipment such as air conditioning cooling stmet res or condensers, Swimming pools, and the life which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. Recommended by the Planning Commission of the City of oak Farb Heights this 9 "' day of October 2008, Miclia l"LlIjeg en, Clair ATTEST: ------------ ------ ---------- - - Eric A. Johnson, A unistrator 3