HomeMy WebLinkAbout2002-08-27 CC Resolution #02-08-4912ESOLUTION NO. Q - d �°
OF THE
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
WHEREAS, the City of Oak Park Heights has received a request from Steve and
Lynn Thron for conditional use permits 1 variances to construct a four stall garage on property
located at 14386 58 Street North; and after having conducted a public hearing relative thereto,
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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:
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 Comrnunity Development Department consisting of the following items:
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY STEVE AND LYNN THRON FOR
CONDITIONAL USE PERMITS / VARIANCES TO CONSTRUCT
AN ACCESSORY BUILDING AT 14386 58 STREET NORTH
SHOULD BE APPROVED WITH CONDITIONS
follows, to wit:
and
and
Residential in
as Alternative
SEE ATTACHMENT B
3. The subject property is zoned R -2, Low and Medium Density
which multiple family dwelling structures are a conditional use; and
4. The request is to build the four stall, 1,128 square foot garage, identified
2, upon the property within what is considered the rear and side yards; and
5. Conditional use permits are required for the following reasons:
a. The property is zoned R -2, Low and Medium Density Residential in which
multiple family dwelling structures are a conditional use.
b. The accessory buildings will exceed 30 percent of the gross floor area of
the principal building; and
and
6. Variances are required for the following reasons:
a. The accessory buildings are located in yard space other than the rear yard.
b. The total accessory building square footage exceeds 25 percent of the area
of the rear yard.
c. The four -piex is a non - conformity in that it does not comply with
minimum lot standards.
d. The side yard setback would be 4.7 feet at one corner of the proposed
accessory building. A five foot side yard setback is required; and
7. The City staff prepared a report dated July 2, 2002 reviewing the request;
8. The report dated July 2, 2002 recommended the request be denied; and
9. The Planning Commission held a public hearing at their July 11, 2002
meeting, took comments from the applicants and public, and continued the public hearing to their
August 8, 2002 meeting; and
10. The Planning Commission, at their August 8, 2002 meeting, took
comments from the applicant and recommended that the application be approved subject to
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 Thron Apartments for conditional use permits 1 variances to
construct a four stall garage upon the property located at 14386 58 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 based
upon the following findings:
1. The lot, with 10,800 square feet and constructed with a four plea multiple family unit,
was constructed prior to the current minimum lot standards of the Zoning Ordinance.
The current owner did not create the non - conformity.
2. Section 401.04.A of the Zoning Ordinance indicates that "insufficient area or shape of
property" is a condition that may result in a finding of undue hardship for a property.
3. The requested variance is the minimum variance necessary to accomplish the intended
purpose of the applicant.
2
4. The parking garage will result in the removal of tenant parking on the public right -of-
way, improving the safety and appearance of the streets and neighborhood.
And subject to the following conditions:
1. A landscape plan shall be submitted to the City Arborist for review and approval.
2. The applicant shall verify all easements and receive written approval from Xcel Energy
for relocation of the utility pole and construction of the garages as proposed, subject to
review and approval of the Building Official.
3. The applicant shall submit a plan for removal of a portion of the parking lot on public
right-of-way subject to review and approval of the Public Works Director.
2002.
ATTEST:
Approved by the City Council of the City of Oak Park (Heights this 27 day of gust
Kimberly K
{
per, Actin �r'C ity Administrator
D. vid Beaudet, Mayor
3
Attachment A
Track J, Registered Land Survey No. 76
RLS # 076
PID # R04.029.20.21.0069
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
REQUEST BY STEVE AND LYNN THRON FOR
CONDITIONAL USE PERMITS /VARIANCES TO CONSTRUCT
AN ACCESSORY BUILDING AT 14386 58 STREET NORTH
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Steve and
Lynn Thron for conditional use permits 1 variances to construct a four stall garage on property
located at 14386 58 Street North; 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
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:
and
SEE ATTACHMENT B
3. The subject property is zoned R -2, Low and Medium Density
Residential in which multiple family dwelling structures are a conditional use; and
4. The request is to build the four stall, 1,128 square foot garage, identified
as Alternative 2, upon the property within what is considered the rear and side yards; and
5. Conditional use permits are required for the following reasons:
a. The property is zoned R -2, Low and Medium Density Residential in which
multiple family dwelling structures are a conditional use.
b. The accessory buildings will exceed 30 percent of the gross floor area of
the principal building; and
For:
Pre- Application Meeting
Required Approvals:
Planning Commission 3/5
City Council 4/5
Attachment B
Variance Application Process
Thron Apartment Building Garage Addition
Application Materials
• Application Form
O Fees .
• Plan Sets (3 Large scale Sets/20 11X17 Sets)
• Written and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350/150)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement
/ 2/z 5 2a/
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. 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 -7).
and
6. Variances are required for the following reasons:
a. The accessory buildings are located in yard space other than the rear yard.
b. The total accessory building square footage exceeds 25 percent of the area
of the rear yard.
c. The four -plex is a non-conformity in that it does not comply with
minimum lot standards.
d. The side yard setback would be 4.7 feet at one corner of the proposed
accessory building. A five foot side yard setback is required; and
7. The City staff prepared a report dated July 2, 2002 reviewing the request;
8. The report dated July 2, 2002 recommended the request be denied; and
9. The Planning Commission held a public hearing at their July 11, 2002
meeting, took comments from the applicants and public, and continued the public hearing to their
August 8, 2002 meeting; and
10. The Planning Commission, at their August 8, 2002 meeting, took
comments from the applicant and made the following findings of fact and 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 Thron Apartments for conditional use permits 1 variances to
construct a four stall garage upon the property located at 14386 58 Street North; and
affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for
approval based upon the following findings:
1. The lot, with 10,800 square feet and constructed with a four piex multiple family unit,
was constructed prior to the current minimum lot standards of the Zoning Ordinance.
The current owner did not create the nonconformity.
2. Section 401.04.A of the Zoning Ordinance indicates that "insufficient area or shape of
property" is a condition that may result in a finding of undue hardship for a property.
3. The requested variance is the minimum variance necessary to accomplish the intended
purpose of the applicant.
2
4. The parking garage will result in the removal of tenant parking on the public right-of-
way, improving the safety and appearance of the streets and neighborhood.
And subject to the following conditions:
1. A landscape plan shall be submitted to the City Arborist for review and approval.
2. The applicant shall verify all easements and receive written approval from Xcel Energy
for relocation of the utility pole and construction of the garages as proposed, subject to
review and approval of the Building official.
3. The applicant shall submit a plan for removal of a portion of the parking lot on public
right -of --way subject to review and approval of the Public Works Director.
Recommended by the Planning Commission of the City of Oak Park Heights this 8 day
of August 2002.
ATTEST:
J
Kimberly Kamper, Acting City Administrator
3
Attachment A
Track J, Registered Land Survey No. 76
RLS # 076
' I D # R04.029.20.21 .0009
For:
Pre-Application Meeting
Required Approvals:
Planning Commission 3/5
City Council 4/5
Attachment B
„tip .sl'
++rrY
Variance Application Process
Thron Apartment Building Garage Addition
Application Materials
® Application Form
• Fees
O Plan Sets (3 Large Scale Sets /20 11X17 Sets)
• Written and Graphic Materials Explaining. Proposal
O Mailing List from Washington County (350/150)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement
512.o/oz 5 2
0
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. An application to extend the approval of a conditional
use permit shalt be submitted to the Zoning Administrator not less than thirty (30) days
before the expiration of said approval. (40t03 -7).
MEMORANDUM
NORTHWEST A TE CONSULTANTS, INC.
5776 Wayzata Boulevard, Suite 655, St. Louis Park, M N 65416
Telephone: 952.595,9636 Facsimile: 952.595.9837 planners@nacplarining.com
TO: Kimberly Kamper
FROM: Scott Richards
DATE: August 8, 2002
RE: Oak Park Heights — Thron Apartments Conditional Use Permit I
Variances for Two Two -Stall Garages
FILE NO: 798.02 — 02.15
As you are aware, the Throns have submitted two alternate plans for the proposed
garages at 14386 58 Street. Alternative One features an 180 square foot storage area
that connects the two garages. Alternative Two places the two garages together
without the storage shed. Elevations for the structures have not been submitted by the
applicant. The plans do not address if the structures are to be placed within a utility
easement or how the roofs will be affected by the overhead utility issues. Alternative
One indicates that a utility pole would need to be relocated to place the garage
structures as proposed. The Public Works Director will verify if there are any
easements in place that would prevent construction of the garages as proposed.
The two alternative plans do not significantly affect the need for conditional use permits
and variances. A listing of the required conditional use permits and variances for each
alternative is as follows:
Alternative One (with '180 square foot shed)
Conditional Use Permits Required:
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.
Variances Required:
t 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.
The side yard and rear yard setbacks would be complied with in this proposal. The
proposal submitted in June required a rear yard setback variance.
Alternative Two
Conditional Use Permits Required:
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.
Variances Required:
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 side yard setback would be 4.7 feet at one corner of the proposed accessory
building. A five foot side yard setback is required.
The two alternatives do not, and cannot address, the issue of an increase to the non-
conformity. By allowing the garage or garages to be constructed, a significant
investment is being made to a property that is non - conforming in terms of lot size. Staff
recommends that these conditional use permits /variances be denied for all of the
proposals.
2
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