HomeMy WebLinkAbout2003-01-23 WC Recorded Document #11228164 1
STATE OF MINNESOTA
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
Variance and Conditional Use Permits
for
Steve and Lynn Thron
,i/E,Z/ d
Judy'Hols
Acting City Administrator
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with the original thereof on file at the offices of the City of Oak Park Heights, and that
the same is a full, true and complete copy of said document within the files of the City
of Oak Park Heights.
WITNESS my hand and the seal of the City of Oak Park Heights, this 12th day of
December, 2002.
1, the undersigned, being duly qualified and acting as City Administrator for the
City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that 1 have compared the
attached document:
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Cindy Unman('
Registrar of Titles
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Office of the
Registrar of Titles
Washington County, MN
Certified flied and/or recorded on:
NOTICE OF CERTIFICATION 2003/01/23 1:17:00 PM
1122816
Certificate #: 51143
Book #: 163
Page #: 62
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CITY OF OAK PARK HEIGHTS
VARIANCE AND CONDITIONAL. USE PERMITS
FOR
Steve and Lynn Thron
Planners File No. 798.02 -02.15 Date Issued August 27, 2002
Legal Description: (Washington County Plat - Parcel No. 6 (.4 9- Jo- 006, )
Owner: Steve and Lynn Thron
Address: 16707 Square Lake Trail
Stillwater, MN 55082
Present Zoning District: R-2
TRACT J of Registered Land Survey No 76,
according to the plat thereof on file in the office of the
Registrar of titles, Washington County Minnesota
Permitted uses set forth in Ordinance 401 Section 401.26
I. VARIANCE AND CONDITIONAL USE PERMIT FOR:
Construction of Detached Garages on subject property.
Description of variances and conditional use granted
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
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 comer of the proposed accessory building.
A five foot side yard setback is required; and
�.
ADDITIONAL RESTRICTIONS AND PROVISIONS.
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 if required 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 the portion removed shall be
sufficient to leave 3 parking spaces in the area with the balance of the current excess paved area being
restored to green space by the applicants.
IN WITNESS wHEREOF, the parties have set forth their hands and seals.
Date:
Date: °
Date: / 0'"0 '°" g-
By
Date: l
By
David : eadet, Mayor
Kim K
Acting City Administrator
Ste T e Thron
ir/
Lynn Thron
RESOLUTION NO. Q - P-
OF THE
CITY COUNCII,
CITY OF OAK PARK HEIG33TS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDThGS OF FACT AND
RESOLUTION OF TRE CITY COUNCIL ThAT TJJE
REQUEST BY STEVE AID LYNN THRON FOR
CONDITIONAL USE PERMITS /VARIANCES TO CONSTRUCT
AN ACCESSORY BUThDING 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, /Iron 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 g
blic hearing un. relative thereto,
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 Enditi gs
of fact:
. 1. The real property affected by said application is legally described as
follows, to wit: .
and
and
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 13
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 builds - ng; and
and
SEE ATTACHMENT A
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 -plea 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 Jul) 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 P1a ni g Commission, at their August 8, 2002 meeting, took
continents 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 TIT THE CITY COUNCIL APPROVES 'ME
FOLLOWING:
A. The application submitted by Thron Apartments for conditional use pen ,ts 1 variances to
construct a four stall ara g e upon the property located at 143 86 58 Street North; and
g g p on p rop�
affecting the real property as follows:
Be and the sane as hereby approved by the City Council of the City of Oak Park Heights based
upon the following findings: • .
l The lot, with 10,800 square feet and constructed with a four plea multiple family unit,
was constructed prior to the current mninimmu 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 funding of undue hardship for a property.
3, The requested variance is the minimum variance necessary to accomplish the intended
purpose of th.e 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.
20 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 remova 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
r
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per, Acti t Administrator
D vid Beaudet, Mayor
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Attachment A
Track J, Registered Land Survey No. 76
RLS # 076
PID # R04.029.20.21.0069
For:
Pre-Application Meeting
'Required Approvals:
Planning Commission 3/5
City Council 4/5
Variance Application Process
Thron Apartment Buiicling Addition
Application Materials
O Application Form
O Fees
• Plan Sets (3 Large Scale Sets/20 11)07 Sets)
O Written and Graphic Materials Explaining .Proposal
O Mailing List from Washington County (350/150)
O Proof of Ownership or Authorization to Proceed
• Property Tax Statement •
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 nottess than thirty (30) days
before the expiration of said approval, (401,03-4
follows, to wit:
and
and
A RECOMMENDING RESOLUTION
OF T� `
PLANNING COMMISSION ..
CITY OF OAK PARK J I IGH1 S
WASHINGTON COUNTY, S O 1 A
A RESOLUTION ESTABLISHIPIG FINDINGS OF FACT AND
RECQMNENDtNG TO THE CITY COUNCIL THAT THE
REQUEST BY STEVE AND LYNN TJIRON FOR
CONDITIONAL USE PERM[TS /VARIANCES TO CONSTRUCT
AN ACCESSORY BUThDThG AT 14356 58 STREET NORTH
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Steve and
Lynn moron for conditional use permits 1 variances to construct a four stall garage on property
located at 14386 5 8 Street North; and after having conducted a public hearing relative thereto,
the Planning Commission of Oak Park Heights makes the following Endings of fact:
.. The real property affected by said application is legacy 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 13
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
and
A.
6 Variances are required for the following reasons:
ae 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. . .
co The ,fouraplex 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 comer 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;
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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
CONEMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNENIG
COMMISSION RECOMMENDS. THE FOLLOWING:
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 IMO() square feet and constructed with a four. Alex 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 rn ini mum variance necessary to accomplish the intended
purpose of the applicant.
2
4. The parking garage will result in the renmova l of tenant parking on the public right-of-
way, improving the safety and appearance of the streets and neighborhood.
And sub� ect to the following conditions:
19 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 Planriiiig Commission. of the City of Oak Park Heights this 8 t11 day
of August 2002.
ATTEST:
berly drip &r, Acting City Administrator
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Attachment A
Track J, Registered Land Survey No. 76
RLS # 076
PID # R04.029.20.21.0069
For:
Pre-Application Meeting
Application Materials
• Application Form
• Fees
Variance Application Process
Thron .Apartment Buiiding Garage Addition
• Plan Sets (3 Large Scale Sets/20 11X17 Sets)
• Written and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350/150)
a Proof of Ownership or Authorization to Proceed
• Property Tax Statement
Required Approvals:
Planning Commission 3/5
City Council 4/5
Attachment B
572 0 42. 5 az
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).
MEMORANDUM
NOR31 `LEST ASSOCIATED C 4SUL7ANTS, INC.
5775 Wayzata Boulevard; Shits ,555, t4 Louis Park, MN 55416
Telephone: 952595636 Facsimile: 952.595 9837 planners @nacplanning.corm
TO: Kimberly Kamper
FROM: Scott Richards
DATE: August 8, 2002
RE: Oak Park Heights — Thron Apartments Conditional Use Permit/
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 58th Street. Alternative ore. features an 180 s storage area . uare foot stora
g g g
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. Misting 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:
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.
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.
3e The four -plex is a non - conformity in that it does not comply with minimum lot
standards.
4 The side yard setback would be 41 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.
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