HomeMy WebLinkAbout2009-04-09 PC Recommending ResolutionA RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY DOUG CORBLICK OF 15471 58 STREET NORTH FOR
THREE CONDITIONAL USA 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
SHOULD 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 makes the following findings of fact:
1. The real property affected by said application is legally described as
follows, to wit:
and
SEE ATTACHMENT A
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
aneighboring 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. Cit staff prepared a plannin report dated April 1, 2009 reviewin the
re for the conditional use permits and
7. Cit staff recommends in the April 1, 2009 plannin report that the re
be approved with conditions and
8. The Plannin Commission held a public hearin at their April 9, 2009
meetin took comments from the applicant, closed the public hearin and made the followin
recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted b Dou Corblick of 15471 5 8th Street North for three
conditional use permits to locate an accessor buildin within a side y ard, to locate it within the
five foot side y ard setback, and to allow for two accessor structures and affectin the real
propert as follows:
SEE ATTACHMENT A
Be and the same as hereb recommended to the Cit Council of the Cit of Oak Park Hei for
approval with the followin conditions:
1. The applicant shall provide a si cop of the Encroachment Licensin A
from Northern States Power Compan All provisions of the a shall be
complied with b the applicant/propert owner.
2. The applicant/propert owner shall not make additions to the structure.
3. If the structure is destro b more than 50 percent of its value, it shall not be repaired
or replaced unless brou into conformance with the Zonin Ordinance.
Recommended b the Plannin Commission of the Cit of Oak Park Hei this 9"' da
of April 2009.
Warren Wa Chair
ATTES
* y J hnson, Cit Administrator
2
Attachment A
Washington County G EO Code: 03.29.20.21.0085
Legal Description: Lots 0 & 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 Statements )/Legal Description(s)
Planning Commission Public Hearing & Recommendation: April 9, 2999
Required Approvals: CLIP
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)