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Home My WebLink About2014-10-28 OPH Ltr to Doug Corblick Re Garage Demolition CR I CITY OF k°17'' OAK PARK HEIGHTS S Aft,..A.-- 14168 Oak Park Boulevard No • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/4394439 • Fax:651/439-0574 October 28, 2014 Mr. Doug Corblick 15471 58th St. N. Oak Park Heights, MN 55082 Re: Detached Garage Permit#2014-00135 — 15451 58th St. N., OPH Dear Doug: I've reviewed City Zoning Ordinance 401.15.D.Accessory Buildings, Uses and Equipment as to your inquiry of whether or not it would be possible to leave the older garage structure that was existing upon the property, prior to construction of the new garage as referenced above, or if it might be considered a storage building. I have enclosed a copy of this Ordinance for your use. Unfortunately City Ordinance limits you to one (1)private garage or storage structure as outlined in section 5 or Ordinance 401.15.D. When permit 2014-00135 was issued on August 01, 2014 demolition of the existing garage was noted as a requirement once substantial completion of the new garage was done. The new garage received final inspection approval on September 12, 2014. With this letter, you are directed to adhere to permit 2014-00135 conditions and City Ordinance 401.15.D. and have the garage demolished, its debris removed from the property and the grade restored no later than November 30, 2014. Thank you for your attention to this communication. Please contact me if you have any further questions. Sincer- y,� 1 Hultman B t ing Official Pla- ing& Code Enforcement Enclosure C: Eric Johnson, City Administrator Tree City U.S.A. 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. 21 2. Location. No accessory buildings shall be erected or located within any required yard other than the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 213. 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. Accessory buildings shall not be located within a utility and/or drainage easement unless written approval is obtained from the easement holder. 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. The setback and height requirements under this provision may be varied by approval of a conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Accessory buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. 214. 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 except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 115 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. From City Ordinance 401 (as amended August 23, 2011) 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. 218. 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 as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. 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: 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 a nd/or complement the principal building. b. The enclosed trash receptacle area shall be located in the rear or side yard. From City Ordinance 401 (as amended August 23, 2011) 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. 21 e. The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. 21 f. Existing property line drainage and utility easements are provided for and no building will occur upon this reserved space unless approved in writing by the easement holder. 21 g. The reduction will work toward the preservation of trees or unique physical features of the lot or area. 21 h. If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. 21 i. The building height of an accessory building shall not exceed twenty-five (25)feet. 21 • Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than thirty-five (35) percent of the rear yard. From City Ordinance 401 (as amended August 23, 2011) k. 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. From City Ordinance 401 (as amended August 23, 2011)