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Item No: 5B Meeting Date: April 19, 2006 Type of Business: Action City of Mounds View Staff Report To: Mounds View Planning Commission From: James Ericson, Community Development Director Item Title/Subject: Re-consideration of an Expired Conditional Use Permit for an Over-size Garage at 2832 Woodale Drive Introduction: The applicant, Thomas Stampfle, is requesting re-approval of a conditional use permit to construct a 1,248 square-foot garage on his property located at 2832 Woodale Drive. The CUP was originally approved in 2000, but because the garage was no built within a year’s time, the CUP expired. The wooded 37,000 square-foot lot is well maintained and improved with a one and a half story cape cod and a small two-car garage attached to the home by a breezeway. The existing garage will be demolished to make room for the proposed garage, which would be built in the same location attached to the breezeway in the side yard. There is a small 10 x 10 shed on the property, hidden from view in the backyard. Discussion: The City Code, in Section 1125.01, Subd 3f, indicates the following: f. Lapse of Conditional Use Permit by Nonuse: Whenever, within one year after granting a conditional use permit, the work as permitted by the permit shall not have been completed, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested, in writing, and filed with the City Clerk-Administrator at least thirty (30) days before the expiration of the original conditional use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the conditional use permit. Such petition shall be presented to the Planning and Zoning Commission for a recommendation and to the City Council for a decision. Mr. Stampfle is now prepared to move forward with the construction, however because the time elapsed from the date of approval exceeds one year, an extension would not be possible and thus a reapproval is necessary. The construction plans dropped off by Mr. Stampfle are consistent with what was approved by the City on May 22, 2000. The resolution of approval (Resolution 5441) is attached for the Commission’s reference. Section 1106.4, Subdivision 6, lists the specific conditional use permit requirements for garages larger than 952 square feet. These requirements, such as setbacks and maximum square-footage remain satisfied with this proposal. The setback for an accessory structure is five feet; the applicant is proposing to reconstruct the garage 10 feet from the side property line and 70 feet from the street. The Code sets an upper limit of accessory storage space on a property at 1,800 square feet. With the proposed garage and the shed in the rear yard, there would be 1,348 square feet of accessory buildings on this lot, well within the maximum allowed.