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HomeMy WebLinkAbout2016-09-13 CC Packet Enclosure Oak Park Heights Request for Council Action Meeting Date September 13th,2016 Time Required: 10 Minutes Agenda Item Title: 5527 Oakgreen Place North—Storage Building Conditional Use Permit Agenda Placement New Bus". l • Originating Departmen - i - 'ric Johnson.City Administrator Requester's Signature Action Requested t' -ion.Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from City Planner Scott Richards: 1. Planning Report dated August 24th,2016 2. Pleasing Commission Resolution-Unsigned 3. Proposed City Council Resolution 91 of 200 City Council Agenda packet for 9-13-16 TP 3801 Thurston Avenue N,Since 100 Anoka, MN 56303 Phone:7113.331.111140 Facsimile:783.427.0520 ENCLOSURE 2 TPCCPIannirigCo.00m MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: August 24, 2016 RE: Oak Park Heights—Request a Conditional Use Permit for a Storage Building—5527 Oakgreen Place North TPC FILE: 236.05— 16.01 BACKGROUND Scott and Christina Mitchell have made an application for a Conditional Use Permit to allow a storage building in the side yard setback at 5527 Oakgreen Place North. The applicants have indicated that there is no room in the back yard, and request to place the shed so that it is adjacent to the side yard driveway. The property is zoned R-1 Single Family Residential District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative • Exhibit 2: Air Photo of Property Exhibit 3: Building Permit Application with Certificate of Survey Exhibit 4: Building Specifications Exhibit 5: Elevation of Structure e Exhibit 6: Floor Plan Exhibit 7: Pictures of House and Shed Location PROJECT DESCRIPTION The property at 5527 Oakgreen Place North is constructed with a single family house with a three stall garage. There are no other detached accessory structures on the lot. There Is an erdeting raised driveway on the side of the house that was constructed prior 92 of 200 City Council Agenda packet for 9-13-16 to the current owners. The driveway was constructed with a retaining wall directly on the side lot line and within the five-foot drainage easement. The proposed accessory building will be placed on this driveway and will be setback one foot from the property line, The building is 122 square feet and will match the color and architectural style of the house. it would also be within the height requirements of the accessory building section of the Zoning Ordinance. The applicant has requested the Conditional Use Permit in that It is the owners desire to locate the shed on this side of the house with access to the driveway. The covered porch will be used for firewood storage. The back yard of the house in this area is not large enough to accommodate the shed. The shed could be placed on the other side of the lot, but that location would not be convenient for the home owner. Additionally, there are a number existing trees in the back yard. ISSUES ANALYSIS Comprehensive Plan: The property is designated as low density residential in the Comprehensive Land Use Map. The request for a shed is consistent with the Comprehensive policies related to low density land use. Zoning: The property is zoned R-1 Single Family Residential District. The accessory building requirements in Section 401.15. D of the Zoning Ordinance require that the structures be no more than 12 feet in.height, five or more feet from side lot lines, eight feet from the rear lot line and six feet from any other structure on the same lot. The proposed building will be less than 12 feet in height (proposed at nine feet), will be one foot from the side lot line, more than eight feet from the rear lot line and six feet from the house. A conditional use permit has been requested to vary from the side lot lot requirement. The criteria for reviewing the CUP request is reviewed later in this report. Drainage The City Engineer has reviewed the plans and visited the site. The garage is to be placed on existing hardcover and should not impact the existing drainage patterns of the driveway. The shed will be placed In the required five-foot drainage eassement. If for some reason the City will needs to utilize that drainage easement, the garage and possibly the raised driveway would need to be removed at the owner's expense. Accessory Building Requirements: Section 401.15.D provides a list of requirements for construction of an accessory building on a property. Please find a reviewof those that apply to this request: 2 93 of 200 City Council Agenda packet for 9-13-16 3.) The accessory building 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. The proposed garage will be nine feet in height. 6.) The total accessory building area must be less than 1.000 square feet. The total with the existing garage is approximately 834 square feet. 11.) The same or similar quality exterior material shall be used in the accessory building and the principal building. The new shed has a gabled roof and siding that will match the house. Conditional Use Permit Criteria: Section 401.15.C.1.e.5) provides criteria for review of a reduction in a required lot in a yard. A review of the criteria is as follows: a) The reduction of setback requirements is based upon 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. Placement of a detached garage in the rear yard would conflict with existing significant trees and the drainage patterns. b) Property line drainage and utility easements as required by the City's Subdivision Ordinance are provided and no building will occur upon this reserved space. The existing drainage easement was already encroached upon by a raised driveway. The shed will be placed on this existing driveway. It will be the homeowner's responsibility to remove the shed and driveway if required by the City for drainage purposes. c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. Existing trees will be preserved by placing the shed on existing hardcover instead of the rear yard. d) if affecting a north lot line, the reduction will not restrict sun access from the abutting lots. The proposed shed will not impact sun access for the adjoining property. e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 401.15.B.8 of this Ordinance. The setback of the shed will not create safety issues. 3 94 of 200 City Council Agenda packet for 9-13-16 f) The conditions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. The conditions have been reviewed and City Staff does not see any conflict with this proposed shed. CONCLUSIONIRECOMMENDATION Upon review of the request for the Conditional Use Permit, City staff would recommend the shed construction with the following conditions: 1. The applicant shall be responsible to remove the shed and driveway if required by the City for drainage purposes. 2. The applicant shall apply for and receive a building permit for the structure. 3. Any other conditions of the Planning Commission, City Council and City Staff. 4 95 of 200 City Council Agenda packet for 9-13-16 # I Julie Hultman Subject: FW:5527 Oakgreen place N.Shed Narrative From:Scott Mitchell Sent Sunday,August 14,2016 1:50 PM To:Julie Hultman<jhukman@cityofoakparkheights.com> Subject:5527 Oakgreen place N.Shed Narrative The shed we would like to Said is a wood frame package from Menards the link to the materials is attached in the previous email,I would like to place it as shown in the CUP application on the parking pad to the east line of the said property. The color will be in the tans to closely match the existing house with white l x trim,soffit and shingles to match also. Best Regards Scott Mitchell 1 96 of 200 City Council Agenda packet for 9-13-16 #3 CITY OF Illi, OAK PARK HEIGHTS 14101 Oak Park 61.4 N•6a?OO J•bak Park hoghb,UN 5500?•Paws 0351)431-40f•Faa(051)43045)4 " BUILDING PERMIT APPLICATION Contractor: Applicants Name: Address: City/State/Zip: Phone#: Fax# State License#: City License# Lead Certification# E-Mail Project Supervisor: Phone#: E-Mail Owner: 3e" fi f' .AI1 Address: SSA 1 K6ecL• ) N City/State/Zip:[ K.�J4A -44e-4"t Phone Number: E-Mai , CLASS OF WORK: )( New Addition Remodel Repair Deck Demolition Brief Description of work: �X I of n l&� On _ 5•� SAL- ems' I F. t' � �-'v L.w+•- fja1�S E „ n .,,,.....,--41--1,, V on Skat- i tki BUILDING INFORMATION: Type of Construction Occupancy Number of Stories Square Footage Calculations: 1st Story 2•"d Story Basement Other Max.Occupant Load Fire Sprinklers Required?Yes/No Sprinkled yes/no Separate permits are required for electrical,plumbing,and heating. This permit becomes null and void If work or construction authorized has not commenced within 180 days,or if work Is suspended or abandoned for a period of 180 days. I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. Date: .8--s-at31 4. Applicant's Signature Project Address S-m.ce7 l(6 l LLl) . IJ. Valuation ' 66b, o' FOR OFFICIAL USE ONLY Building Permit$ Plan Review$ Surcharge$ SAC$ Meter$ _Utility Inspections$ Investigation Fee$ Other Fees$ TOTAL PERMIT FEE $ 97 of 200 City Council Agenda packet for 9-13-16 42, ,.... , , , jig! il.!/,4 11;1 ... '_ ' ' ;'';1,4 ,,,...... . ,, . i � , .. „ ..... .. , t _ t...,.t. ,. . „ , _....... . „t„-*.:. _ ,.... .i , , _ _., _ __...... ..,. t ..,. . _ . . .,.., N.. r 1 .:.r . 4 t - .' . .:, a it , ' = v 3.,Rgy. ,,- '''4... • a Q1 e+�_ * ra it N yyk ri « ""' •L. 1 S» R_ -4 ,00. ,, •-. , . .)...//: ‘,, , , % : 4* • . +y tfl 0,,,, $ off* ' * ,City Council Agenda pa'-' 9-13-16 IV ' APR-19-1993 13:14 FROM -th Surveying TO KROGAR) CONST P.01 — 'c`i.%s as _a.Tu • '¢.'� �u/mw CERTIFICATE OF SURVEY FOR �o11.c- I C© i r- IHEg40TCERTIfYTHATY$12Suitk` PY. WI,,OAA;ppAT"tAYPALPMRCQ KURTH SURVEYING INC. 6r�+E OR uNOIEA MToiA SYp[RYI"IAN A t Ti w�A Doty • 4002 JEFFERSON STREET ICE. AEG STEREO LAND It) VEX° Willi• THE IAIM : C2-748-JA MEiOHTS MINNESOTA lia�IZ! -.� � AT[Of MINkfsQTA. 4I2-T04-494A t � �� DATE L r MINNESOTA REGIS :TION NO. I Cal I" • ' PROPOSED,- - SCALE "•f 4.1111111111 ,— GRADES ' Om IR ON MONUMENT BEAR#NO5 ARE ON AN • ASSUMED DATUM AtiARIARE 8I~A8 " cl5 •*II:0 Q SPIKE SET TOP OF BLOC}( ,RM1• '� #��" SPOT ELEVAT#O!t ��,. OASEMEKT' FLOOR gr�lQ;�a� �*�'7 PROPOSI40 EI.EV. /._. T. 3 ° �o` +Q ., qLi t.Qa 40'') ----„" DRr sARE ARROW - — .. __ �`i4 � A — ...---_____-- --p- ........--_---- Ifs- i3"� ..c.' (L V Co ' ). 1 1-1- 4- -----. x f. rA \ PRt.7?c . 1-. -IIP • 1+ ti • 1; \ as N ^' !--kD O 5cr. 4'I �, "- ill \ 17-p M CANT L to I• •Q „_. C ) ---- ) kk, • ,„,-N . meg'/ • $ (a A," , r- . 1 ] I �..-C_J c--.Y.----._ Jh ri I 1 M - I- ' .17? ,A,.,:Q \ 0 .-4 ,. qA 4.-D.` • i) + Oji I \ ` 1 • <2?, i 1 l J \ , 3 I • r' 0 1,...,, I S. 0 5521 Qom \ 3 f • �,a�l A , Q Q,�o C--`i 1 • r 99 of 200 City Council Agenda packet for 9-13- nf, 1 y2 Saline-Building Plans Only Page 1 of MENARDS DeOicated to Service e.Quality- lii �,.lAvr►► ; ;'';_..i .�- Saline - Building Plans Only R ' Product Specifications: Dimensions: 17'Wx 12'L x 9'H Online Pace ' Model Number:29015 $119.79 per plan 44iMenard SKU: 1001102 Building Size: 122 square foot "' 'f A' k-- - .moi: Overall Width: 17 foot 3 ti ` 1 I — Overall Length: 12 foot { ' Includes:Covered Overhang " ._ Online Availability Ship to Home-Freel Estimated arrival date 08/15/2016. Ship to Store-Free! Not eligible for Ship to Store Store Availability Product D scription The Saline is a single-story traditional storage shed that is built on slab foundation.This building also features an outdoor firewood storage area. This product only includes building plans and is not a fully assembled shed. This product does not include the lumber and materials for this project,which are sold separately. • 17'wide • 12'long • 9'high • 122 square feet • Building plans only • Building materials not included • For floor plans and elevations click"View Floor Plan"above or"view PDF file" below Brand Name: Advanced Designs Inc Please Note: Prices, promotions, styles and availability may vary by store and online. While we do our best to provide accurate item availability information, we cannot guarantee in-stock status and availability as inventory is sold and received continuously throughout the day. Inventory last updated 8/10/2016 at 5:00am EST. Online orders and products purchased in-store qualify for rebate redemption. Rebates are provided in the form of a merchandise credit check which can only be used in a Menards®store. Menards® 5106 Menard Drive Eau Claire, WI, 54703, USA custom erservice©menardsoc.com 100 of 200 city Council Agenda packet for 9-13-16 http://www.menards.com/main/skin/building-materials/books-buil Iding-plans/storage-building-plans/saline-building-pians-only/p-14... 8/10/201 i 41- 5 Page 1 of 2 29015-SALINE c• 4*411411%f`iir , , , _ gisi.icip , - �. �..'1'_r�`,`'�'�' CO's e. x '' ' L. E . 11 1 , F ' t'''',1.1..7. ro 101 of 200 City Council Agenda packet for 9-13-16 4(0 Page 2 of 2 29015-SALINE i F01. Shed irewood 14 Storage 4 4 11 '11 @C Advanced Designs Inc. 17,_a" FLOOR PLAN 102 of 200 City Council Agenda packet for 9-13-16 ,.} a . $ t 4 . 1 ,,-.1.41.-,V.. .--. 4 ; , .. I:* . - 01* i y4 �a :,-;,41'; 4744tiVN4 ..'' ' *7,-7-#.4* Yom'} # R c ~ . „ F• 4. . 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'sem • t s +i '''.4,::,,i..,,', t it‘,. . , 'M r 4 .t ,, - W { ,,, , 'i.il' .',.., „„,,,,. * i _X ell * 4�.4! i . 4 yK�F � µ f„ }fy k. it y�` ; �. ` . 7. q ♦ ` 'rt'� °? „.......:i. Council Agenda pick tar 9-13-16 III 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 SCOTT AND CHRISTINA MITCHELL FOR A CONDITIONAL USE PERMIT TO PLACE AN ACCESORY BUILDING IN THE SIDE YARD SETBACK AT 5527 OAKGREEN PLACE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Scott and Christina Mitchell for a Conditional Use Permit to allow a storage building in the side yard setback at 5527 Oakgreen Place 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-1 Single Family Residential District in which single family uses and accessory detached Structures are a permitted use; and 4. Section 401.15.D.2 of the Zoning Ordinance requires a Conditional Use Permit for the placement of the structure in the side yard; and 5. The 122 square foot structure is proposed at one foot from the side lot line; and 6. Section 401.15 D of the Zoning Ordinance require structures to be five feet from the side lot line; and 108 of 200 City Council Agenda packet for 9-13-16 7. The structure will also be placed within a five-foot drainage easement. The City Engineer has reviewed the property and structure placement and indicated there should be no drainage issues created by the accessory building and 8. City staff prepared a planning report dated August 24,2016 reviewing the request;and 9. Said report recommended approval of the Conditional Use Permit in that they were in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.C.1.e.5 and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions;and 10. The Planning Commission held a public hearing at their September 1, 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 Scott and Christina Mitchell for a Conditional Use Permit to allow a storage building in the side yard setback at 5527 Oakgreen Place 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 applicant shall be responsible to remove the shed and driveway if required by the City for drainage purposes. 2. The applicant shall apply for and receive a building permit for the structure. Recommended by the Planning Commission of the City of Oak Park Heights this Day of September,2016. Jim Kremer, Chair ATTEST: Eric A.Johnson, City Administrator 2 109 of 200 City Council Agenda packet for 9-13-16 ATTACHMENT A • Site Plan Review& Conditional Use Permit(CUP) For Accessory Building PIacement At 5527 Oakgreen Place,N. Legally described as: Lot 3, Block 1,Valley Point 2°d Addition Washington County Property Identification Number: 04.029.20.23.0073 110 of 200 City Council Agenda packet for 9-13-16 ATTACHMENT B v Site Plan Review& Conditional Use Permit(CUP) For Accessory Building Placement At 5527 Oakgreen Place,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: September 1,2016 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) 111 of 200 City Council Agenda packet for 9-13-16 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 SCOTT AND CHRISTINA MITCHELL FOR A CONDITIONAL USE PERMIT TO PLACE AN ACCESORY BUILDING IN THE SIDE YARD SETBACK AT 5527 OAKGREEN PLACE NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Scott and Christina Mitchell for a Conditional Use Permit to allow a storage building in the side yard setback at 5527 Oakgreen Place 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-1 Single Family Residential District in which single family uses and accessory detached structures are a permitted use; and 4. Section 401.15.D.2 of the Zoning Ordinance requires a Conditional Use Permit for the placement of the structure in the side yard;and 5. The 122 square foot structure is proposed at one foot from the side lot line; and 6. Section 401.15 D of the Zoning Ordinance require structures to be five feet from the side lot line;and 112 of 200 City Council Agenda packet for 9-13-16 7. The structure will also be placed within a five-foot drainage easement. The City Engineer has reviewed the property and structure placement and indicated there should be no drainage issues created by the accessory building;and 8. City staff prepared a planning report dated August 24,2016 reviewing the request; and 9. Said report recommended approval of the Conditional Use Permit in that it is in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.C.1.e.5 and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their September 1, 2016 meeting,took comments from the applicants and public,closed the public hearing, and recommended the application be approved with 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 Scott and Christina Mitchell for a Conditional Use Permit to allow a storage building in the side yard setback at 5527 Oakgreen Place 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 applicant shall be responsible to remove the shed and driveway if required by the City for drainage purposes. 2. The applicant shall apply for and receive a building permit for the structure. Approved by the City Council of the City of Oak Park Heights this 13th day of September,2016. Mary McComber,Mayor ATTEST: Eric A. Johnson, City Administrator 2 113 of 200 City Council Agenda packet for 9-13-16 ATTACHMENT A Site Plan Review& Conditional Use Permit(CUP) For Accessory Building Placement At 5527 Oakgreen Place,N. Legally described as: Lot 3,Block 1,Valley Point rd Addition Washington County Property Identification Number: 04.029.20.23.0073 114 of 200 City Council Agenda packet for 9-13-16 ATTACHMENT B wroll Site PIan Review& Conditional Use Permit(CUP) For Accessory Building Placement At 5527 Oakgreen Place,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: September 1,2016 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) 115 of 200 City Council Agenda packet for 9-13-16