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Home My WebLink About2016-09-09 OPH Ltr to CA Forwarding Document For Recording CITY OF OAK PARK HEIGHTS EIG TS 14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 si September 9, 2016 Mr. Mark Vierling Eckberg, Lammers, Briggs,Wolff&Vierling Attorneys at Law 1809 Northwestern Ave. Stillwater, MN 55082 Re: Sunview 4`1' Condominiums - CUP OPH File No.: 2016-06.07 TPC File No.: 236.02-16.07 Dear Mr. Vierling: Enclosed •.ewi • for filing with the Washington County Recorder's Office, please find a copy • 't • , .ov- referenced document. Notice of Certification has been attached. egar• , c � in ity ii .nistrator E ' closure Tree City U.S.A. NOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Conditional Use Permit Detached Accessory Structure Sunview 4th Condominium Association 14820 57`"St., N. 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 ' • Oak Park Heights. WITNESS my hand and the seal of the City of Oak P. igh :, this 9th day of Septemer, 2016. C ast I ri. • nson ' f Ci : dministrator t ' CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT FOR A DETACHED ACCESSORY STRUCTURE File No.: 236.02-16.07 Date Issued:July 26,2016 Legal Description: (Washington County Geo. Code: 04.029.20.14.0077) See Attached Exhibit "A" Owner: Sunview 4th Condominium Association 14820 57th 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.D 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. III. 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 IN WITNESS WHEREOF,the parties have set forth their hands and seals. CITY OF OAK P, : HEIGHTS 4 I Date: / —J c:2-a/ By Af L., I/ c. .ILLS mber 1 f:yo- Date: By /,�� .4 '/v ohnson Administrator Sunview 4th f � 1 dominium Association Date: (. d / By ~ .,IIP. / P; 't Hold EXHIBIT"A" LEGAL DESCRIPTION Condo 24 Sun View No.4 PID#04.029.20.14.0077 . EXHIBIT"B" PLANNERS REPORT AND SITE PLANS erittattuo 3e t Thurston Avenue N.Suite 100 Anoka, MN 68903 Mon*:763.231.5W Facsimile:783.427.0820 TF+CePlannfnpCo.corn MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: July 6, 2016 RE: Oak Park Heights - Request for a Conditional Use Permit for a Detached StAcc ► Structure - Sunvlew 4 Association - 14820 5t North TPC FILE: 236.02- 16.07 BACKGROUND Lori Betz, on behalf of the Surview 4 Association has made an application for a Conditional Use Permit (CUP) to allow a detached accessory structure at 14820. 5l Street North. The application includes a request 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 Exhibit 2: Air Photo of Property Location Exhibit 3: Air Photo of Proposed Shed Location Exhibit 4: Site Plan Exhbit 5: Picture of Proposed Accessory Structure Exhibit 6: Specifications of Proposed Accessory Structure, PROJECT DESCRIPTION The Applicant has provided the following narrative: We would like to build a small shed,no larger than 10 feet by 12 feet and approximately 9 feet at peak The siding and roof will match the existing building. This shed will be Page 112 of 254 • used to store equipment, such as lawn mowers, snow blowers, rakes, shovels etc to maintain the building. Everybody in the association has agreed upon this storage shed. The Applicant has requested the CUP to place a shed in the front yard of this property. This will be the only accessory structure on the lot. The shed 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 side yard and year yard area for this property. The front yard is the only reasonable place fora 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 es 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 401.15.D requires construction of an accessory building only in the rear yard unless a conditional use permit Is requested. The criteria 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 mons than five 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.D 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 accessary structure can be no more than 12 feet in height(midpoint of the gabled roof)unless approved by the Building Official to a total of 17 feet. 2 Page 113 of 254 Comment:The proposed structure will be nine feet In height. 4.) The Ordinance requires the coverage to be less than 26 percent in the rear yard. Comment: The accessory structure will be constructed in the front yard. There are no other structures in the rear or side yard. The shed will occupy less than 25 percent of the front yard. 5.) One accessory structure Is allowed per lot Comment This will be the only accessory structure on this lot. 6) The total accessory structure area must be less than 1,000 square feet. Comment: The accessory structure will be 120 square feet. 11.) The same or similar quality exterior material shall be used in the accessory structure and the principal building. Comment: The new structure will be metal but the cobra 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 Criteria: Section 401.15.D.13. provides criteria for review of placement of an accessory structure and number of structures on a lot. A review of the criteria is as follows: a) There Is a demonstrated need and potential for continued use of the abudure far the purpose stated. The property does not have a storage area. The residents are looking to place yard equipment in a secure place out of view. b) In the case of residential uses, no commercial or home occupation activities we 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 the principal use. A shed is considered a reasonable accessory use for a single family structure. d) Accessory buildings 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. The accessory structure will need to be maintained and not present a hazard. 3 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, will 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 close to the aide and rear yards. 0 Existing property line drainage end utility easements ere provided for and not building will 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 will work toward the preservation of frees or unique physical features ofthe lot or area No trees will be impacted. h) if effecting 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 accessory building shall not exceed twenty-five (25) feet. The proposed structure will be nine feet In height. j) Accessory buildings or detached garages or combination Thereof within a residential district shall not occupy more than thirty-five (35)percent of the rear yard. The structure is proposed for the front yard. k) The provisions of Section 401.03A.8 of this Ordnance shall be considered and a determination made that the proposed activity is in compliance with such criteria. City Staff has determined that the proposed accessory structure meets the intent of the criteria found In Section 401.03A8 of this Ordinance. CONCLUSION/RECOMMENDATION 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 accessory structure shall be compliant with all Building Code requirements subject to review and approval of the Building Official. 4 Page 115 of 254 2. The Planning Commieslon shall comment on the metal building material and color of the proposed shed. 3. The Applicant shall add screening gates to the front 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 City Staff. Pc: Julie Hultman 5 Page 116 of 254 We would like to build a small shed no larger than XOR by 12ft and approximately 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 maintain the building.Everybody in the association has agreed upon this storage shed. Page 117 of 254 ,V INC-1.11.01..................,..-.- 11 , . ______7 ....„..._ -.--- .„,..„ e-%. 0 2- • aa- 11 -- - - ,, 1) . - s'i .0 . , - , : - g 11 in .- • ,,,, ' ;) .,- If: .. # • --- f',#,.' tifiN . .,,. 4, * ',,;,:.;„- --:':17,!*-,':fi* r"ht '''' ' -4- - '''6•#;".'-,T.....'1 .____ ---fi '. 1°. 11/4.4'''''' ' ffr; '' t 'V - -4.4" -.„-:::#;, ,-4-. tii•# !ti ii„..•-"' ?...' ,,,-,7..„.!.. --_--- -_-,-,_ , -: - - - •.4.,,,_, ' o'Iit1 . , _---,,,,'_-.... it . ....' , , . ......, . , . . I i '., -* , ', :' ''''''' ..,,,,..,,,,-tykf-T-, .4 • ,. A .. , _..._. . . i .. i, , _ V - :_- , .4144t4, ACIIMMA,''', Irielni t ____,A,-,.---, , ,1 ,,i*".-. ... ,.., . 4 . . ..., ..s' . ._ ! ...iii Iie;,.:,' ..,, t ',,p,.:.7 1 ;1 k ° '':"4.::' , •.„,,,.. 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"t; _. !t / Of I a t ent iltfite .5 A S ',EIS \i-A,,9. . . __sr,____ r, ... .. ..... _ ,,,,... ... 0.'0 Page 422 of 254 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 57th 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 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.D 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 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 I 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 COMIVIISSION 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 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 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 14th day of July,2016. Jim Kremer, Chair ATTEST: Eric A.Johnson,City Administrator 2 Page 124 of 254 • ATTACHMENT A Site Plan Review& Conditional Use Permit(CUP) For Accessory Building Placement At 14820 576 St,N. Legally described as: Condo 24 Sun View No.4 Washington County Property Identification Number: 04.029.20.14.0077 Page 125 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 of 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 SUNY EW 4 ASSOCIATION FOR A CONDITIONAL USE PERMIT TO ALLOW A DETACHED ACCESSORY STRUCTURE AT 14820 57TH 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 57th 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: 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 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.D 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 held a public hearing at their July 14,2016 meeting,took comments front the applicants and public, closed the public hearing,and recommended the application with conditions. NOW,THEREFORE,BE IT RESOLVED BY THE CTTY 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 57th 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 26°'day of July,2016. Mary McComber,Mayor ATTEST: Eric A.Johnson, City Administrator 2 Page 128 of 254 ATTACHMENT A • , Site Plan Review & Conditional Use Permit (CUP) For Accessory Building Placement At 14820 57"'St.N. Legally described as: Condo 24 Sun View No.4 Washington County Property Identification Number: 04.029.20.14.0077 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