HomeMy WebLinkAbout2009-02-05 NAC Memorandum • s
NAC NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 783.231.2561 planners@nacplanning.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: February 5, 2009
RE: Oak Park Heights — Doug Corblick, 15471 58 Street North —
Variance for Side Yard Setback and Building Location,
Conditional Use Permit for Two Accessory Structures
FILE NO: 798.07 — 09.01
Doug Corblick of 15471 58 Street North has requested a variance for side yard
setback and building location and a conditional use permit for two accessory structures.
Mr. Corblick has constructed a playhouse /tool shed within the side yard setback area of
his lot and partially within property owned by Northern States Power Company (Xcel
Energy). Northern States Power Company has agreed to grant an Encroachment
Licensing Agreement to Mr. Corblick to allow the playhouse /tool shed to remain on their
property. The property is zoned R -1, Single Family Residential.
As you are aware, the Planning Commission, at their October 9, 2008 meeting,
recommended amendments to Section 401.15.D, Accessory Buildings, Uses and
Equipment to allow flexibility through conditional use permit versus variance review.
The changes that were recommended would eliminate the need for variances requested
by Mr. Corblick. If adopted, the conditional use permit process could be utilized to
address the setback and building location issues. The City Council, at their October 20,
2008 meeting, did not take action on the recommended amendments but asked that the
item be placed on a future meeting agenda.
The City Council would address these amendments at their February 24, 2009 meeting.
It seems reasonable to staff to hold on the requests by Mr. Corblick until after the City
Council takes action on the pending Zoning Ordinance amendments. If the City Council
agrees with the Planning Commission recommendation, Mr. Corblick would be
considered for three conditional use permits instead of the two variances and one
conditional use permit.
At their meeting on February 12, 2009, the Planning Commission should open the
public hearing and then recommend it be tabled to the March 12, 2009 meeting. By that
time, the City Council would have likely acted on the amendments to the accessory
building provisions of the Zoning Ordinance.
The application was received on January 7, 2009. On January 22, 2009, our office sent
a letter to Mr. Corblick indicating the City was taking a full 120 days for review of the
application. The City Council will need to make a final decision on this issue by the April
28, 2009 meeting.
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