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HomeMy WebLinkAbout11-05-17 RESOLUTION NO. 1 1 -05-17 • CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY THERESA LANNUE FOR TWO CONDITIONAL USE PERMITS TO ALLOW A DETACHED GARAGE AT 14174 UPPER 54 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Theresa Lannue for two Conditional Use Permits to allow a detached garage at 14174 Upper 54 Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 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 in which single family uses and accessory detached structures are a permitted use; and 4. Section 401.15.D.2 of the Zoning Ordinance requires a Conditional Use Permit for the placement of the garage in the side yard; and 5. Section 401.15.C.1.e.5) of the Zoning Ordinance requires a Conditional Use Permit for the reduction of a required yard on a lot. Although the structure will meet accessory building setbacks it does not comply with the 10 foot setback requirement that a principle structure would require in the same location; and 6. City staff prepared a planning report dated May 4, 2011 reviewing the • request; and 7. Said report recommended approval of the two Conditional Use Permits in that they were in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.C.1.e.5, Section 401.15.D.13 and Section 401.03.A.8 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their May 12, 2011 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL RECOMMENDS THE FOLLOWING: A. The application submitted by Theresa Lannue for two Conditional Use Permits to allow a detached garage at 14174 Upper 54 Street North and affecting the real property as follows: SEE ATTACHMENT A • Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The accessory structure and the adjacent garage shall be compliant with all Building Code requirements subject to review and approval of the Building Official. 2. The accessory structure shall be painted the same color as the house. The trim, siding and door colors of the accessory structure shall match that of the house trim, siding and garage door. 3. The shingles of the accessory structure shall match the house shingles as close as possible. 4. The accessory structure shall be set back at least two feet from the front of the garage. 5. Drainage plans for the property with the new accessory structure and construction of the paved driveway shall be approved by the City Engineer. 6. Any other conditions of the City Council. • 2 Approved by the City Council of the City o • ak P: eights thi 4 day of • May, 2011. 4410 , fly 41i • avi • : eaet, Mayor , i ■411 ATT` Eri F A. 4 ohnson, City Administrator • • 3 • ATTACHMENT A Site Plan Review & Conditional Use Permit (CUP) For Accessory Building Placement At 14174 Upper 54 St. N. Legally described as: Lot 9, Block 1, Swager Bros. 9 Addition • Washington County GEO Code: 04- 029 -20 -32 -0013 • ATTACHMENT B • , Site Plan Review & Conditional Use Permit (CUP) For Accessory Building Placement At 14174 Upper 54 St. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Public Hearing: May 12, 1011 Required Approvals: C.U.P. 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) 410