HomeMy WebLinkAbout2016-08-08 OPH Ltr to Applicant Forwarding Document for SignatureCity of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007. Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574
August 8, 2016
Ms. Lori Belz
Sunview 4 Condominium Association
14820 57th Street N
Oak Park Heights, MN 55082
RE: Conditional Use Permit - Detached Accessory Structure
Enclosed you will find three (3) copies of the above documents. Please have each of the three
copies executed and mail all ORGINIAL copies back to my attention at the above address when
completed.
Do not remove any pages or remove any staples as this will void ALL documents and will cause
delay.
Once these ar retumed, the City similarly sign and will submit one original copy for appropriate
recording ng on County, one will be placed on file at City Hall and a remaining original
you have any questions
Cc: // Julie Hultman, Planning Dept.
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT
FOR A DETACHED ACCESSORY STRUCTURE
File No.: 236.02-16.07
Legal Description: (Washington County Geo. Code: 04.029.20.14.0077)
See Attached Exhibit "A"
Owner: Sunview 01 Condominium Association
14820 5r St. North
Oak Park Heights, MN 55082
Applicant:Same
Site Address: 14820 57th Street North
Present Zoning District: R-2, Low and Medium density residential
Permitted uses set forth in Ordinance 401 Section 401.15.1)
Date Issued: July 26, 2016
I. Conditional use Permit.: The applicant is seeking permission to place a detached accessory storage
structure (10 x 12) upon the property
The permits and uses applied for are granted but shall be subject to the following conditions and/or restrictions
imposed by the June 26, 2016 Resolution of the City Council of the City of Oak Park Heights as follows:
1. The accessory structure shall be compliant with all building code requirements subject to the review and
approval of the Building Official.
2. The building material shall be metal with the color of the proposed shed matching the existing principal
structure as close as reasonably possible.
3. The applicant shall add screening gates to the front of the trash enclosure at such time as the driveway
and parking lot are resurfaced.
4. Drainage plans for the property with the new accessory structure shall be subject to the review and
approval of the city engineer.
IH. Reference Attachment:
The reports of the City Planner dated July 6, 2016 and site plan approved by the City Council are annexed
hereto by reference.
IV. Abandonment: This permit requires continuous use in order to preserve the Conditional Use granted by the
City under the terms hereof. Any discontinuation or abandonment of the uses permitted hereunder upon the
site for a period of 12 continuous months shall constitute abandonment and void the permit.
V. Annual review: Annual review is not imposed as a condition of this permit
Date:
Date:
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
CITY OF OAK PARK HEIGHTS
Mary McComber
Mayor
By
Eric Johnson
City Administrator
Sunview 4' Condominium Association
By
Permit Holder
EYJMIT "A"
LEGAL DESCRIPTION
Condo 24 Sun View No. 4
PID # 04.029.20.14.0077
EXHIBIT 'B"
PLANNERS REPORT AND SITE PLANS
Date & Time I August 3, 2016 Project I Norell Avenue Pond Outlet Retrofit
(00041-0263)
To I Ryan Sunram Contact info ryan@sunramconstructioninc.com
Cc I Karen Kill Contact info kkill@mnwcd.org
Cc I Contact info
Cc I Contact info
From I Derek R. Las`�0"'Y trontact info I dlash@eorinc.com
Regarding I Punchlist lnsp�ion Tusday
August 2, 2016
I. Punchlist Items
A. Remove construction stakes, markers, flags, etc. throughout the construction site.
B. Remove any loose debris, including, but not limited to rocks as observed adjacent to
Norell Avenue.
C. Repair eroded area adjacent to vinyl sheet piling weir at embedment location.
D. Reseed areas void of vegetation. These areas may need additional erosion control blanket,
mulch, and topsoil to aid in vegetation establishment
EOR is an Equal Opportunity Affirmative Action Emptoyer
Emmons & Olivier Resources, Inc. 651 Hale Ave N Oakdale, MN 55128 T/ 651.770.8448 F/ 651.770.2552 www,eorinc.corn
f 3801 Thurston Awnuc 14 5uhc l oo
I } f -••Q Anda. MN 86303
Ij\ Phomc 763.231.8890
_ 4 Facsimile: 763.427.0620
TO:
Eric Johnson
FROM:
Scott Richards
DATE:
July 8, 2018
RE:
Oak Park Heights - Request for a Conditional Use Permit for a
Exhibit 5:
Dsftdmd Structure 820
- Sunview 4 Association _ 14
Exhibit e:
57th Street Nory
TPC FILE:
238.02 --18.07
BACKGROUND
Lori Betz, on behalf of the Sunview 4 Association has made an application for a
Condftional Use Permit (CUP) to allow a detached accessory structure at 14820 571h
Street North. The application Includes a re4ueet for a CUP to allow the structure to be
placed In the front yard.
The property is zoned R-2, Low and Medium Density Residential District
EXHIBITS
The review Is based upon the following submittals:
Exhibit 1:
Project Narrative
ExtdbK 2:
Air Photo of Property Location
Exhibit 3:
Air Photo of Proposed Shad Location
Exhlbti 4:
Site Plan
Exhibit 5:
Picture of Proposed Acoeseory Structure
Exhibit e:
Specifkmtions of Proposed Accessory Structure
PROJECT DESCRIPTION
The Applicant has provided the following narrative:
We would Oke to buOd a wna0 shed, no larger than 10 Am by 12 Met and approdmafely
g feet at peak The slding and roof wl0 match fire exfati v bulkling. Thle abed wl0 be
Page 112 of 254
used to store equipment, such as fawn mowers, snow bbwars, rakes, shovels etc. to
maintain the building. Everybody in the assocraVon has agreed upon this storags shad,
The Applicant has requested the CUP to place a shad In the front yard of this property.
This will be the only accessory structure on the lot.
The shad will be metal In an egg shell color with coffee colored trim. The condo building
is a light brown with both white and brown trim and doors, The shed cannot be located
In the back yard because of the limited aide yard and year yard area for this property.
The frord yard Is the only reasonable place lbr a shed, it will be placed next to the trash
enclosure. The conditional use permit should include a condition that doors be added
to the trash enclosure.
ISSUES ANALYsIs
Comprehensive plan:
The property Is designated ss medium density residential In the Comprehensive Land
Use Map. The request for a detached accessory structure Is consistent with the
Comprehensive policies related to medium density land use.
Zoning:
The property is zoned R-2 Low and Medium Residential District. A conditional use
permit has been requested to allow the construction of the accessory structure In the
front yard. Section 401.1 SM requires construction of an accessory building only In the
rear yard unless a conditional use permit is requested.
The kriteria for reviewing the CUP requests Is found later In this report.
Setbacks:
An accessory structure Is required to be at least five feet from side lot lines and six feet
or more from any other building or structure on the same lot. The proposed structure
will be more than fere feet from the side yard and six feet from the condo building.
Drainage:
Drainage plans for the property with the accessory structure shall be approved by the
City Engineer,
Accessory Structure Requirements:
Section 401.15.13 provides a list of requirements for construction of an accessory
structure on a property. Please find a review of those that apply to this request:
3.) The accessory structure can be no more then 12 feet in height (midpoint
of the gabled roof] unless approved by the Building OitiGal to a total of 17 feet
Page 113 of 254
Comment: The proposed struchse will be nine feat In height.
4.) The Ordinance requires the coverage to be less than 25 percent in Me
rear yard.
Comment: The accessory structure will be constructed In the front yard. There
ere no other structures in the rear or side yard. The shed will occupy less then
25 percent of the front yard.
5.) One accessory structure Is atiowed per lot
Comment: This will be the only accessory structure on this lot.
8.) The total accessory structure area must be less than 1,000 square feet.
Comment: The accessory structure will be 120 square feet.
11.J The same or slmliar quality eidadar material shall be used in Me
accessory structure and the principal bullding.
Comment: The new structure will be metal but the colors are similar to the
door and trim color of the condo building. The condo structure Is primarily brick.
The Planning Commission should comment.
Conditional Use Permit CAtarts:
Section 401.15.13.13. provides criteria for review of placement of an accessory structure
and number of structures on a lot. A review of the crtteria Is as follows:
a) There Is a demonstrated need and potential for continued use of the sbuctwv
for the purpose stated,
The property does not have a storage area. The residents are looldng to place
yard equipment In a secure place out of view.
b) In the case of residential uses, no commercial or home occupation acm dies
are conducted on the property.
There are no home occupation activities being conducted on the property.
c) The building has an evident re -use or function related to Bre principal use.
A shed Is considered a reasonable accessory use for a single family structure.
d) Accessory buildings shall be malntalned In a manner that is compatible with
Me adjacent rvaVentlat uses and does not present a hazard to public health,
safety and general welfare.
The accessory structure will creed to be maintained and not present a hazard.
Page 114 of 254
e) The reduction of setback requirements is based upon a specific need or
circumstance which Is unique to the property in question and which, If approved,
wit not set a precedent which Is contrary to the Intent of this Ordinance.
The accessory structure cannot be placed In the rear of a side yard In that there
Is not adequate room. The property is unique In that the building Is placed so
dose to the side and rear yards.
r) Fidsting property line drainage and utility easements are provided for and not
building wit occur upon this reserved space unless approved in writing by the
easement holder.
The accessory structure shall not conflict with drainage or utility easements.
g) The reduction wifi work toward the preservation of frees or unique physical
features of the lot or area
No treses will be impacted,
h) if affecting a north lot line, the reduction will not restrict sun access from the
abutting lots.
Sun access will not be impacted to abutting lots
1) The building height of an aocessory building shat/ not exceed twenty-five (25)
feet.
The proposed structure will be nine feet In height.
J) Accessory buildings or detached garages or cwnbinatfon thereof within a
residential district shall not occupy mom than thirty -firs (35) percent of the rear yard.
The structure is proposed for the front yard.
k) The provisions of Section 40f.03.A.6 of this Ordinance shall be considered
and a determination made that the proposed activity is In compf/ance with such crterfa.
City Staff has determined that the proposed accessory structure masts the intent
of the c riterla found In Section 401.03.A.8 of this Ordinance.
CONCLUSIGNIRECOMMENDATION
Upon review of the requests for the Conditional Use Permits, City staff would
recommend the placement of the accessory structure with the following conditions:
1. The accessary structure shall be compliant with all Building Code requirements
subject to review and approval of the Building Qtficlel.
Page 115 of 254
Z The Planning Commission shall comment on the metal building material and
color or the proposed shed.
I The Applicant shall add screening gates to the pont of the trash enclosure.
4. Drainage plans for the property with the new accessory structure shall be
approved by the City Engineer.
5. Any other conditions of the Planning Commission, City Council and Ctty Staff,
Pc: Julie Hultman
5
Page 116 of 254
We would like to build a small shed no larger than 10it by 12ft and appraafrnafefy 9ft at peak
The siding and roof will match the existing building. This shed will be used to store equipment, such as
lawn mowers, snow blowers, rakes, shovels, etc, to malntaln the building. Everybody In the association
has agreed upon this storage shed
Page 117 of 254
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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 THE SUNVIEW 4 ASSOCIATION FOR A
CONDITIONAL USE PERMIT TO ALLOW A DETACHED
ACCESSORY STRUCTURE AT 14820 57TH STREET NORTH
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from the Sunview 4
Association for a Conditional Use Permit to allow a detached accessory structure in the
front yard at 14820 57"' 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:
SEE ATTACHMENT 13
and
3. The property is zoned R-2 Low and Medium Density Residential District
in which single fa wily uses and accessory detached structures are a permitted use; and
4. Section 401.15.D of the Zoning Ordinance requires a Conditional Use
Permit for the placement of the garage in the dont yard; and
5. City staff prepared a planning report dated July 6, 2016 reviewing the
request; and
6. Said report recommended approval of the Conditional Use Permit in that it
was in conformance with the criteria for issuance of Conditional Use Permits found in
Page 123 of 254
Section 401.15.D.13 and Section 401.03.A.7 of the Zoning Ordinance. Said
recommendation was subject to the fulfillment of conditions; and
7. The Planning Commission held a public hearing at their July 14, 2016
meeting, took comments from the applicants and 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 Sunview 4 Association for a Conditional Use
Permit to allow a detached accessory structure in the front yard at 14820 57th 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 with the fotlowing conditions:
1. The accessory structure shall be compliant with all Building Code requirements
subject to review and approval of the Building Official.
2. The Planning Commission was favorable to the metal building material and the
color of the proposed shed shall match the existing building as close as reasonably
possible.
3. The Applicant shall add screening gates to the front of the trash enclosure at such
time as the driveway and parking lot are resurfaced.
4. Drainage plans for the property with the new accessory structure shall be
approved by the City Engineer.
Recommended by the Planning Commission of the City of Oak Park Heights this
4'h day of July, 2016.
ATTEST:
Eric A. Johnson, City Administrator
I � 01:111
2
Page 124 of 254
ATTACHMENT A
Site Plan Review &
Conditional Use Permit (CUP)
For
Accessory Building Placement
At
14820 571b St. N.
Legally described as:
Condo 24 Sun View No. 4
Washington County Property Identification Number.
04.029.20.14.0077
Page 126 of 254
ATTACHMENT B
Site Plan Review &
Conditional Use Permit (CUP)
For
Accessory Building Placement
At
14820 57th St. N.
Application Materials
• Application Form
• Fees
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Public Hearing: July 14, 2016
Required Approvals: C.U.P.
City Council
4/5
Conditional Use Permit - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the conditional use permit 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 the conditional use.
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.C.4.a and b)
Page 126 cf 254
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
REQUEST BY THE SUNVIEW 4 ASSOCIATION FOR A
CONDITIONAL USE PERMIT TO ALLOW A DETACHED
ACCESSORY STRUCTURE AT 14820 57TB STREET NORTH BE
APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from the Sunview 4
Association for a Conditional Use Permit to allow a detached accessory structure in the
front yard at 14820 57h Street North; 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 the City of Oak Park Heights makes
the following findings of fact and resolution:
I. 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:
SEE ATTACHMENT B
and
3. The property is zoned R-2 Low and Medium Density Residential District
in which single family uses and accessory detached structures are a permitted use; and
4. Section 401.15.13 of the Zoning Ordinance requires a Conditional Use
Permit for the placement of the garage in the front yard; and
5. City staff prepared a planning report dated July 6, 2016 reviewing the
request; and
Page 127 of 254
6. Said report recommended approval of the Conditional Use Permit in that it
was in conformance with the criteria for issuance of Conditional Use Permits found in
Section 401.15.D.13 and Section 401.03.A.7 of the Zoning Ordinance. Said
recommendation was subject to the fulfillment of conditions; and
7. The Planning Commission beld a public hearing at their July 14, 2016
meeting, took comments from the applicants and public, closed the public hearing, and
recommended the application with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL
RECOMMENDS THE FOLLOWING:
A. The application submitted by the Sunview 4 Association for a Conditional Use
Permit to allow a detached accessory structure in the front yard at 14820 571b 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
with the following conditions:
1. The accessory structure shall be compliant with all Building Code requirements
subject to review and approval of the Building Official,
2. The Planning Commission recommended and the City Council was favorable to
the metal building material, and the color of the proposed shed shall match the
existing building as close as reasonably possible.
3. The Applicant shall add screening gates to the front of the trash enclosure at such
time as the driveway and parking lot are resurfaced.
4. Drainage plans for the property with the new accessory structure shall be
approved by the City Engineer.
Approved by the City Council of the City of Oak Park Heights this 261 day of
July, 2016.
ATTEST:
Eric A. Johnson, City Administrator
Mary McComber, Mayor
2
Page 128 of 254
ATTACHMENT A
Site Plan Review &
Conditional Use Permit (CUP)
For
Accessory Building Placement
At
14820 571° St. N.
Legally described as:
Condo 24 Sim View No. 4
Washington County Property Identification Number:
04.029.20.I4.0077
Page 129 of 254
ATTACHMENT B
Site Plan Review &
Conditional Use Permit (CUP)
For
Accessory Building Placement
At
14820 57th St. N.
Application Materials
• Application Form
• Fees
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Public Hearing: July 14, 2016
Required Approvals: C.U.P.
City Council
4/5
Conditional Use Permit - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the conditional use permit 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 the conditional use.
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.C.4.a and b)
Page 130 of 254