HomeMy WebLinkAbout2002-07-02 NAC Planning ReportNORTHWEST ASSOCIATED CONSULTANTS, INC.
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 962.596,9636 Facsimile: 962.595.9837 plarmersrciThacplanning.com
PLANNING REPORT
TO: Kimberly Kamper
FROM: Aaron Jones 1 Scott Richards
DATE: July 2, 2002
RE: Oak Park Heights — Thron Apartments Conditional Use Permit 1
Variances to Construct Two, Two Stall Garages
FILE NO: 798.02 — 02.15
BACKGROUND
Steve and Lynn Thron, owners of the four-plex at 14386 58 Street North, have
requested a conditional use permit and variances to build two separate, detached, two
stall garages upon the property. The lot currently is developed with a four-plex multiple
family unit.
The request is to build the garages upon the property within what is considered the rear
and side yards. The conditional use permit is required for the following reasons:
1. The property is zoned R-2, Low and Medium Density Residential in which
multiple family dwelling structures are a conditional use.
2. The accessory buildings will exceed 30 percent of the gross floor area of the
principal building.
3. The request is for more than one accessory building upon the property.
The variances are needed for the following reasons:
1. The accessory buildings are located in yard space other than the rear yard.
2. The total accessory building square footage exceeds 25 percent of the area of
the rear yard.
3. The four-plex is a non-conformity in that it does not comply with minimum lot
standards.
4. The rear yard setback would be six feet for the proposed accessory building. An
eight foot rear yard setback is required.
Attached for reference:
Exhibit 1:
Exhibit 2:
Exhibit 3:
ANALYSIS
Conditional Use Permit.
Site Plan
Project Description
Proposed Accessory Building Elevation
R -2 District Standards (Section 401.26.E). The property is zoned R -2 District in which
multiple family dwelling structures of not more than four units are a listed conditional
use. The ordinance requires that multiple family units in the R -2 District comply with the
following conditions:
3. Multiple family dwelling structures of not more than four (4) units, provided that:
a. The proposed site contains at least three thousand five hundred (3,500)
square feet per dwelling unit.
b. The proposed site is located adjacent to a collector or minor arterial street.
c. At least one (1) garage space is provided for each dwelling unit.
d. The proposed site is landscaped and screened with planting materials in
compliance with Section 401.15.E of this Ordinance.
e. The proposed structure design is reasonably compatible with its low
density residential environment, as determined by the City Council.
f. The provisions of Section 401.03.A.8 of this Ordinance are considered
and satisfactorily met.
The lot, with 10,800 square feet, does not meet the minimum standards for a four -plex
in an R-2 District. The lot would need to be at least 14,000 square feet to be
conforming. A variance, as discussed below, is required to deviate from this standard
and to allow improvements on a lot that is non - conforming. Additionally, the lot is not
adjacent to a collector or minor arterial street.
A conditional use permit is required to make site plan changes for a listed conditional
use in the R -2 District.
Size_ Limit Section 40 „1.15.D The ordinance requires that accessory buildings
(other than for single family dwellings) shall not exceed 30 percent of the gross floor
area of the principal building. The accessory buildings total 1,152 square feet. The
gross floor area of the apartment building is 3,696 square feet. The accessory buildings
are 31.2 percent of the total gross floor area of the four -plex. A conditional use permit
would be required to deviate from this standard.
2
Numbers of Structures (Section 401.15.D.8). The ordinance requires a conditional use
permit for the construction of more than one accessory building on a lot. With two
accessory buildings proposed, the request requires a conditional use permit.
Conditional Use Permit Criteria (Section 401.15.D.13 The ordinance provides criteria
for evaluating conditional use permits under the accessory building section. A list of the
conditions are as follows:
The proposal for the subject property is generally in compliance with the criteria
provided for evaluation of accessory building allowances.
Variances.
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.3 of this Ordinance shall be
considered and a determination made that the proposed activity is in
compliance with such criteria.
Location (Section 401.15.D.2). The ordinance requires that no accessory building shall
be erected or located within any required yard other than the rear yard. The two
accessory buildings would be totally or partially within a side yard, thus requiring a
variance.
Lot Coverage (Section 401.15.D.4). The ordinance requires that accessory buildings
shall not exceed more than 25 percent of the area of a rear yard. By ordinance
definitions, the rear yard for this property would be 1,008 square feet. The total square
feet of the proposed buildings would be 1,152 square feet, thus requiring a variance.
Non - Conformity (Section 401.15.A). The four -plex is a non-conformity in that it does
not comply with the minimum lot standards for four- plexes in the R -2 District. The non-
conformity section of the Zoning Ordinance does not allow for significant expansion or
construction of new buildings on multiple family lots that are non - conforming. A
variance from the non - conformity section of the ordinance is required for this project.
Setbacks (Section 401.15.D.3). The Building Official has indicated that an eight foot
separation must be maintained between the apartment building and the proposed
accessory buildings for Building Code compliance. The northerly accessory building
must be moved two feet back, thus encroaching on the rear yard setback by two feet. A
variance would be required to vary from the eight foot rear yard setback.
3
Variance Criteria (Section 401.04.A.5). The Zoning Ordinance states that a variance
from the terms of the 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.
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, structures
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.
g 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.
The variances for location and lot coverage are not significant and a hardship could be
justified based upon the fact the four -piex was originally constructed on a conforming
lot. The City changed its ordinance to require additional lot area. It was not the current
4
property owner that created the need for the variances. On the other hand, the non-
conformity issue is significant when considering the intent of the ordinance is not to
encourage the continuation, expansion, or new construction on a non - conforming lot.
The ordinance is clear in its intent to allow for legal non - conforming properties to
continue and allow for routine maintenance, but improvements to the property that
increase the non - conformity are not allowed. The variance should not be approved
based upon the non - conformity issue.
Other Issues.
Height/Setbacks (Section 401.15.D.3). The following table illustrates the required
height and setbacks and indicates that the proposed accessory buildings are compliant
except for the rear yard:
Compatibility (Section 401.15.D.3). The ordinance requires that the accessory
buildings be constructed of the same or similar quality exterior materials. The roof pitch
and the siding materials /color for the accessory buildings would be the same as the
principal building.
Building Code.
The Building Official has indicated that the four -plex has an existing correction notice for
installation of smoke detectors. The applicants should install the required detectors as
soon as possible.
CONCLUSION 1 RECOMMENDATION
Based upon the preceding analysis, especially related to the variance required for the
non - conforming, our office recommends denial of the request for the conditional use
permits and variances to allow for two accessory buildings to be constructed at 14386
58 Street North.
pc: Kris Danielson
5
Height
Side Yard
Rear Yard
Space
Between
Buildings
6 feet
Required
12 feet
5 feet
8 feet
Compliant?
Yes
Yes
No
Yes
property owner that created the need for the variances. On the other hand, the non-
conformity issue is significant when considering the intent of the ordinance is not to
encourage the continuation, expansion, or new construction on a non - conforming lot.
The ordinance is clear in its intent to allow for legal non - conforming properties to
continue and allow for routine maintenance, but improvements to the property that
increase the non - conformity are not allowed. The variance should not be approved
based upon the non - conformity issue.
Other Issues.
Height/Setbacks (Section 401.15.D.3). The following table illustrates the required
height and setbacks and indicates that the proposed accessory buildings are compliant
except for the rear yard:
Compatibility (Section 401.15.D.3). The ordinance requires that the accessory
buildings be constructed of the same or similar quality exterior materials. The roof pitch
and the siding materials /color for the accessory buildings would be the same as the
principal building.
Building Code.
The Building Official has indicated that the four -plex has an existing correction notice for
installation of smoke detectors. The applicants should install the required detectors as
soon as possible.
CONCLUSION 1 RECOMMENDATION
Based upon the preceding analysis, especially related to the variance required for the
non - conforming, our office recommends denial of the request for the conditional use
permits and variances to allow for two accessory buildings to be constructed at 14386
58 Street North.
pc: Kris Danielson
5
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THRON PROJECT
14386 58 Street N.
Oak Park Heights, MN
We are proposing to build two 2 -stall garages at the address mentioned above. It is my
understanding when working with Cornerstone Land Surveying, Inc, that we would need
a Conditional Use Permit.
401.15.D.13.
We would like to provide our tenants with shelter for their vehicle and also a place to
store additional belongings such as bikes, picnic coolers, outdoor chairs and other items
that may be considered more seasonal rather than household.
Not having a place for tenants to store such items as well as cover their vehicles in the
winter seasons makes the renting of the apartments much harder. The bikes need to stay
outside or somewhere else, making it inconvenient for them to grab a bike and enjoy the
paths near their home. Having the bikes outside is also not so appealing for the
neighborhood.
If there were garages available for the tenants, that would open the off-street parking up
to their visitors and reduce the vehicles parked on the street and in front of the neighbor's
houses.
The garages will be sided and roofed to match the current apartment structure.
401.15.D.2
Depending on what is considered the front yard, if the front is the parking lot, then both
garages are in the back and meet the required set backs from the existing building and the
property lines.
401.15.D.5
Because of the layout of the existing building and to accommodate providing each tenant
with a garage, we would need to build two separate garages.
Each garage would have a solid wall between the garage doors to provide security for
their own belongings.
EXHIBIT 2
Design # 7761 MENARDS® 6/20/2002
0
** *Take this sheet to the Building Materials counter to purchase your materials. * **
You selected a garage with these options:
24' Wide X 24' Deep X 9' Nigh
Gable roof w/ b/12 pitch truss construction
12" gable/12" save overhangs
1/2" Fir Plywood Wall Sheathing
5/8" OSB Roof Sheathing
Clay Vinyl 4" Double lap Siding
25 yr. Supreme, Chapel Gray Shingles
White Aluminum Soffit & Fascia
White Aluminum Regular Roof Edge
Whife vinyl overhead door jamb
2 - Garage Door Opener(s)
Front View
Back View
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W;th
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4
Today's cost for materials estimated in this design: $ 4261.17
Base garage Without options: $ 2131.50
rielch
*The base price includes: 0" Eave /O" Gable Overhangs, 2X4 Wall Studs,
7/16 OBS Roof Sheathing, 20 yr. Fiberglass Classic - 0
Pine Fascia, Galvanized Regular Roof Edge, 8" Textured ! EXHIBIT 3
No Service Doors, No Overhead Doors, No Windows, or A