HomeMy WebLinkAbout2009-04-09 PC Recommending Resolution (unsigned) 4'
A 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 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
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:
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
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
i
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 made the following
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 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 recommended to the City Council of the City of Oak Park Heights for
approval 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.
Recommended by the Planning Commission of the City of Oak Park Heights this 9 day
of April 2009.
Warren Wasescha, Chair
ATTEST:
Eric A. Johnson, City Administrator
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