HomeMy WebLinkAbout2011-05-05 Compliance Request - Accessory Building (Shed) in Front Yard City of Oak Park Heights
14168 Oak Park Blvd. N. Phone: 651.439.4439 - Fax: 651.439.0574
P.O. Box 2007 Email: jhultman @cityofoakparkheights.com
Oak Park Heights, MN 55082
May 5, 2011
Ms. Patricia Henning
5676 Osgood Ave. N.
Oak Park Heights, MN 55082
Re: Accessory Building (Shed) In Front Yard
Dear Ms. Henning:
Please be advised that City Ordinance 401.15.D Accessory Buildings, Uses and Equipment Section 2
states that "no accessory buildings shall be erected or located within any required yard other than the
rear yard." A copy of this ordinance is enclosed for your convenience.
All storage sheds /accessory structures shall comply with City Ordinance with construction and
placement reviewed for compliance. A permit is required prior to any accessory structure construction
or placement. A copy of this ordinance is enclosed for your convenience.
This ordinance applies to the structure that is currently placed in your front yard to the north of your
driveway, which is violation of City Ordinance 401.15.D.
This letter serves as the City's request that you remove the accessory building from your front yard no
later than 8:00 a.m., Monday, May 16, 2011. A site visit will be made after that date and time.
Your prompt attention to this request is appreciated. Please contact me if you have any questions.
Sincerely,
4 Hultman
' : nning & Code Enforcement Officer
Enclosure
pc: Jim Butler, Building Official (w /o Enclosure)
Eric Johnson, City Administrator (w /o Enclosure)
1 251 S te 1 , � cL .hJ-ry-n are d / '
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401.15.D. 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
yard other than the rear yard.
3. Height/Setbacks. Accessory buildings shall not exceed twelve (12) feet in height
and shall be five (5) feet or more from side lot lines, eight (8) feet from the rear lot
line, and shall be six (6) feet or more from any other building or structure on the
same lot and shall not be located within a utility and /or drainage easement.
Accessory building height may be increased an additional five (5) feet with approval
of the Building Official to match roof pitch or style of a principle structure.
Accessory buildings may be closer than six (6) feet to other buildings or structures
providing the requirements of the Building Code are met.
4, Lot Coverage. No accessory building or detached garage or combination thereof
within a residential district shall occupy more than twenty -five (25) percent of the
area of the rear yard.
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*5. Number of Structures. No building permit shall be issued for the construction of
more than one (1) private garage or storage structure for each detached single
family dwelling, commercial, industrial, public or institutional building except by
approval of a conditional use permit according to the provisions of Section 401.03
and 401.15.D.13 of this Ordinance. Every 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) car 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 (120) 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 same lot, except by conditional use
permit. •
9. Size Limit. Except in the case of single family detached dwellings, accessory
buildings shall not exceed thirty (30) percent of the gross floor area of the principal
buildings. In those cases where the standards are exceeded, a conditional use
permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance.
10. Accessory Uses. No accessory uses or equipment such as air conditioning
cooling structures or condensers, swimming pools, and the like which generate
noise may be located in a side yard except for side yards abutting streets where
equipment is fully screened from view.
11. Compatibility. The same or similar quality exterior material shall be used in the
accessory building and in the principal building. All accessory buildings shall also
be compatible with the principal building on the lot. "Compatible" means that the
exterior appearance of the accessory building including roof pitch and style is not
at variance with the principal building from an aesthetic and architectural standpoint
as to cause:
*Amended Ord. 01 -401 -03, 27 March 2001
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a. A difference to a degree to cause incongruity.
b. A depreciation of neighborhood values or adjacent property values.
c. A nuisance. Types of nuisance characteristics include unsightly building
exterior.
12. Trash Receptacles. All buildings having exterior trash receptacles shall provide
an enclosed area in conformance with the following:
a. Exterior wall treatment shall be similar and /or complement the principal
bonding.
b. The enclosed trash receptacle area shall be Located in the rear or side yard.
c. The trash enclosure must be in accessible location for pick up hauling
vehicles.
d. The trash receptacles must be fully screened from view of adjacent
properties and the public right -of -way.
e. The design and construction of the trash enclosure shall be subject to the
approval of the Zoning Administrator.
13. Conditional Use Permits. Application for a conditional use permit under this sub -
section shall be regulated by Section 401.03 of this Ordinance. Such a conditional
use permit may be granted provided that:
a. There is a demonstrated need and potential for continued use of the
structure for the purpose stated.
b. In the case of residential uses, no commercial or home occupation activities
are conducted on the property.
c. The building has an evident re -use or function related to the principal use.
d. Accessory building shall be maintained in a manner that is compatible with
the adjacent residential uses and does not present a hazard to public health,
safety and general welfare.
e. The provisions of Section 401.03.A.8 of this Ordinance shall be considered
and a determination made that the proposed activity is in compliance with
such criteria.
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