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HomeMy WebLinkAbout2004-04-24 CC Meeting Packet EnclosureMeeting Date April 24th, 2007 Time Required: 5 Minutes Oak Park Heights Request for Council Action Agenda Item Title: Variance to allow 5' setback for Parking Lot - Swager Park Agenda Placement New Busines Originating Department /Re r - stor '. Johnson, City Administrator Requester's Signature Action Requested ■ dopt Res Background /Justification (Plea'e ndicate if any previous action has been taken or if other public bodies have advised): Please See Attached from Scott Richards 1. Planner's Report — dated April 3rd 2007 (attachments can be found in the April Planning Commission Packet) 2. Planning Commission Resolution (unsigned) 3. Proposed City Council Resolution NAC FILE: 798.04 -- 07.01 BACKGROUND ISSUES ANALYSIS NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 753.231 .2555 Facsimile: 763.23'1 .2561 planners@nacplanning.com MEMO TO: Eric Johnson FROM: Carie Fuhrman /Scott Richards DATE: April 3, 2007 RE: Oak Park Heights – City Request for a Parking Lot Side Yard Setback Variance at Swager Park Application. The City of Oak Park Heights has made application for a property line setback variance so as to construct a bituminous parking lot, concrete curb and gutter, and bituminous trail at Swager Park. The variance is necessary in that the Zoning Ordinance specifics a ten foot setback from property lines, and the proposed parking lot is five feet from the east property line. The property is zoned 0, Open Space Conservation and is an existing park. Attached for Reference. Exhibit A – Map of Swager Park Exhibit B – Location Map Exhibit C – Grading Plan Exhibit D – Electrical Site Plan Exhibit E – Electrical Details Parking Lot Design. The proposed project includes improving the parking lot by replacing the existing gravel surface with a bituminous surface and concrete curb and gutter. The lot is proposed to be five feet from the east property line, instead of the required ten foot setback. The improved parking lot will contain 25-9 by 18 foot parking stalls. Two pole - mounted luminaires are proposed on the east side of the parking lot for lighting purposes. A pedestrian ramp is proposed on the west side of the parking lot, which will extend from the existing bituminous trail west of the lot. Another pedestrian ramp is proposed 1 on the east side of the parking lot, along with an 8 foot wide bituminous trail that will extend into the property to the east of Swager Park on the Anderson property. The proposed trail will connect the parking lot at Swager Park with the St. Croix Mali Parking Lot, at which point another pedestrian ramp is proposed to be constructed. Adjacent Uses. Uses adjacent to the subject site include the following: • North of the site: 58th Street North and olene Avenue North • South of the site: Single Family Homes • East of the site: Undeveloped /Open space (Anderson property) and St. Croix Mali Park Lot O West of the site: open space The property to the east of the site is undeveloped, except for St. Croix Mali Parking Lot. The requested 5 foot variance for the improved parking lot is not creating an inconvenience to the neighboring property. Variance. Variance criteria is provided in Section 401.04 of the Oak Park Heights Zoning Ordinance. The Planning Commission and City Council should review the following criteria and conditions to determine if the variance is justified. Review Criteria. The Planning Commission and City council should make a finding of fact that the proposed action will not: a. impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. d. increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 5, below. Conditions for Approval. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 2 g 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structure or buildings in the same district under the same conditions. e. The request is not a result of non - conforming lands, structures or buildings in the same district. f. The request is not a use variance. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. Comment: In response to the criteria and conditions listed above, the primary hardship to this variance is that there are existing improvements in Swager Park that the City does not want to infringe upon, therefore requiring the location of the improved parking lot to be within five feet of the east property line. In addition, the adjacent east property is undeveloped open space, except for the St. Croix Mali parking lot, so constructing the improved parking lot five feet from the east property line, instead of the required ten feet, will not adversely affect or create an inconvenience to the adjacent property. For these reasons, City planning staff recommends that the parking lot setback variance be approved. 3 RECOMMENDATION AND CONCLUSION After reviewing the request and the criteria and conditions for variance approvals, staff recommends approval of the request for the parking lot property line setback variance to allow a parking lot to be located five feet from a side property line, instead of the required ten feet. The recommendation is made with one condition: 1. Any additional comments or conditions of the City Council, Planning Commission, or City Staff. 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 CITY REQUEST FOR A PROPERTY LINE SETBACK VARIANCE FOR A PARKING LOT AT SWAGER PARK LOCATED AT 58 STREET NORTH AND OLENE AVENUE SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Hei hts has requested a property line setback variance for a parking lot at Swager Park located at 5 8 Street North and Olene Avenue; 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 SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: follows, to wit: and and SEE ATTACHMENT B 3. The City has proposed a parking lot at Swager Park that will replace the existing gravel surface with a bituminous surface and concrete curb and gutter; and 4. The parking lot is proposed to be five feet from the east property line, instead of the required ten foot setback; and 5. The parking lot is being placed in this location so as not to impact existing park facilities and to allow for drainage infiltration depressions; and 6. City staff prepared a planning report dated April 3, 2007 reviewing the request for the variance; and 7. City staff recommends in the April 3, 2007 planning report that the request be approved with conditions; and 8. The Planning Commission held a public hearing at their April 12, 2007 meeting, took comments from the public, 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 the City for a property line setback variance for a parking lot at Swager Park located at 5 8 Street North and Olene Avenue and affecting the real property as follows: ATTEST: 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 findings of fact: 1. The existing parking lot is constructed less than the required ten foot setback. 2. The proposed parking lot has been designed so as not to infringe on existing improvements within Swager Park and to allow for drainage infiltration depressions. 3. The adjacent property to the east is undeveloped open space and will not adversely affect or create an adverse impact to the adjacent property. The requested variance is recommended to the City Council of the City of Oak Park Heights without conditions. Recommended by the Planning Commission of the City of Oak Park Heights this 12 day of April 2007. Eric A. Johnson, City Administrator Michael Liljegren, Chair 2 Attachment A Washington County GEO Code: 04.029.20.21.0064 Legal Description: Tract F, Registered Land Survey No. 76 Physical Address: 14290 58 St. N. Variance — Lapse of Approval: ATTACHMENT B Side Yard Setback Variance Swager Park — 14290 58 St. N. Application Materials • Application Form • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal O Mailing List from Washington County (500' from subject property Planning Commission Public Hearing & Recommendation: April 12, 2007 Required Approvals: City Council 4/5 Unless the City Council specifically approves a different time when action is officially taken on the request, the variance 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 this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2) follows, to wit: and and RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE CITY REQUEST FOR A PROPERTY LINE SETBACK VARIANCE FOR A PARKING LOT AT SWAGER PARK LOCATED AT 58 STREET NORTH AND OLENE AVENUE BE APPROVED WI'T'H CONDITIONS WHEREAS, the City of Oak Park Hei hts has requested a property line setback variance for a parking lot at Swager Park located at 58 Street North and Olene Avenue; 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 Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B 3. The City has proposed a parking lot at Swager Park that will replace the existing gravel surface with a bituminous surface and concrete curb and gutter; and 4. The parking lot is proposed to be five feet from the east property line, instead of the required ten foot setback; and 5. The parking lot is being placed in this location so as not to impact existing park facilities and to allow for drainage infiltration depressions; and 6. City staff prepared a planning report dated April 3, 2007 reviewing the request for the variance; and 7. City staff recommends in the April 3, 2007 planning report that the request be approved with conditions; and 8. The Planning Commission held a public hearing at their April 12, 2007 meeting, took comments from the public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by the City for a property line setback variance for a parking lot at Swager Park located at 5 8 Street North and Olene Avenue and affecting the real property as follows: 2007. ATTEST: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following findings of fact: 1. The existing parking lot is constructed less than the required ten foot setback. 2. The proposed parking lot has been designed so as not to infringe on existing improvements within Swager Park and to allow for drainage infiltration depressions. 3. The adjacent property to the east is undeveloped open space and will not adversely affect or create an adverse impact to the adjacent property. The requested variance is recommended by the City Council of the City of Oak Park Heights without conditions. Approved by the City Council of the City of Oak Park Heights this 24 day of April Eric A. Johnson, City Administrator David Beaudet, Mayor 2 Attachment A Washington County GEO Code: 04.029.20.21.0064 Legal Description: Tract F, Registered Land Survey No. 76 Physical Address: 14290 58 St. N. ATTACHMENT B Side Yard Setback variance Swager Park - -14290 58 St. N. Application Materials ® Application Form • Plan Sets ® Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property Planning Commission Public Hearing & Recommendation: April 12, 2007 Required Approvals: City Council 4/5 Variance -- Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance 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 this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 -- 401.4.C.2)