HomeMy WebLinkAbout2017-04-05 Planning Memorandum Enc.l bsure. 2.
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: April 5, 2017
RE: Oak Park Heights — Request for Conditional Use Permits for a
Garage — 14151 60th Street North
TPC FILE: 236.05 — 17.01
BACKGROUND
Timothy Bockman has made an application for Conditional Use Permits (CUP) to allow
a garage at 14151 60th Street North. The application is for four Conditional Use
Permits, for the size of the new garage, for the size of the garage at it relates to the
house, for the height of the structure and for the placement of the structure in a side
yard. There is an existing single car attached garage of 272 square feet and an
additional 896 square foot detached garage is proposed. The lot size is 1.05 acres.
The property is zoned 0 Open Space Conservation District. Single family dwellings and
their accessory structures are permitted uses in that District.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Project Narrative and Justification for CUP
Exhibit 2: Air Photo of Property with Proposed Garage
Exhibit 3: Site Plan
Exhibit 4: East Elevation
Exhibit 5: West Elevation
Exhibit 6: North Elevation
Exhibit 7: South Elevation
Exhibit 8: Building Footprint
Exhibit 9: Site Pictures (6 pages)
PROJECT DESCRIPTION
The project description and justification for the CUPs from Timothy Bockman is as
follows:
I own the residential property at 14151 60th Street N in Oak Park Heights. I propose to
build a 28'x32' two car garage south of the current home. The house currently has a
single car attached garage that is 13'2"x20'8"for a total of 272.11 sq. ft. The proposed
garage totals 896 sq. ft. putting the total sq. ft. of accessory buildings at 1168.11 sq. ft.
This amount exceeds the maximum sq. ft. permitted, (1,000 sq. ft.) in Oak Park Heights
by 168.11 sq. ft. The proposed structure is well within the required setbacks. Access to
the building would be by the current driveway with an additional asphalt extension to
reach the new concrete pad on which the new garage will be constructed.
The building would have three garage doors, two on the east side for vehicle access
and one on the west side for yard equipment access. There would also be five
windows, two on the north side and three on the south side. One three-foot access
door would be on the north side also. Roof height would be 18' which is the height of
the main portion of the current home. The pitch of both the home and proposed garage
would be 6/12. The exterior of the garage would be finished with siding to match the
current home exterior. The current size of the lot after the MnDOT work is 1.05+/-
acres.
The current garage is too small for today's world. I have three vehicles I would like to
keep garaged. Add in a riding lawn mower, tiller, tools, and just general storage and I
found the need for a larger garage.
For years, I was uncertain that would happen to my home with the change in the service
road, so I held back adding anything until the road construction was complete. Now it is
finished and I have decided I like where I live and would like to make my home more
living friendly by adding garage space.
I looked at the option of enlarging my current garage by expanding it to the maximum of
1,000 sq. ft. This option did not work because my home has a well, (private well, city
sewer), which is located directly behind the current attached single car garage. Having
the well service company look at the situation, access to the well would be impaired by
the expansion of the current garage. Access to the well by a large truck is required
anytime you need major well service. After seriously considering this option I decided
that for this lot, a freestanding garage was the only viable option.
The current lot size is just over an acre, (1.05+-), so the proposed garage will not look
out of proportion. The garage will match the current home finish and height. I am
asking that the City grant a conditional use permit to construct this garage in the
summer of 2017.
ISSUES ANALYSIS
Comprehensive Plan
The property is designated as Business Residential/Transitional in the Comprehensive
Land Use Map. The request for the garage is consistent with the Comprehensive
policies related to low density land use.
2
Zoning
The property is zoned 0 Open Space Conservation District. Single family dwellings and
their accessory structures are permitted uses in that 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, be in a rear yard, be 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. Additionally, the limit for attached and detached accessory building size on a lot is
1,000 square feet and the accessory buildings cannot exceed 30 percent of the gross
floor area of the principal building. Exceptions to these provisions can be made by
CUP.
The proposed building will be greater than 12 feet in height and the additional five-foot
allowance is not permissible because of the shallow pitch of the roof. The total of all
garage space is proposed at 1,168 square feet, 168 square feet more than allowed.
Also, the gross floor area of the house is 1,624 square feet which would allow 487
square feet of detached accessory structure floor area. The proposed garage is 896
square feet.
The criteria for reviewing the CUP request is reviewed later in this report.
Setbacks
Due to the odd shape of the lot and how it relates to 60th Street North, the front yard is
the right of way of the street, which is to the west of the house and proposed garage.
The rear yard is to the east and the side yards to the north and south of the buildings.
The proposed garage will be placed in a side yard, requiring a Conditional Use Permit.
The garage will be placed 58 feet from 60th Street North, 97 feet from the south property
line and 44 feet from the rear property line. The setback distances are compliant with
the Zoning Ordinance.
Drainage/Utilities
The City Engineer will review the drainage for the site. The final grading for the
proposed structure shall be subject to approval of the City Engineer.
Accessory Building Requirements
Section 401.15.D provides a list of requirements for construction of an accessory
building on a property. Please find a review of those criteria:
1. Connection with Principal Building. An accessory building shall be
considered an integral part of the principal building if it is connected to the
principal building by a covered passageway.
Comment: The house and garage will not be attached.
3
2. Location. No accessory buildings shall be erected or located within any
required yard other than the rear yard except by approval of a conditional use
permit according to the provisions of Section 401.03 and Section 401.15.D.13 of
this Ordinance.
Comment: A Conditional Use Permit has been requested to allow the garage
structure in the side yard. The garage will be better screened by the house and
existing site conditions if placed in the location proposed.
3. Height/Setbacks. Accessory buildings shall not exceed twelve (12) feet in
height and shall be five (5) feet or more from side lot lines, eight (8) feet from the
rear lot line, and shall be six (6) feet or more from any other building or structure
on the same lot. Accessory buildings shall not be located within a utility and/or
drainage easement unless written approval is obtained from the easement
holder. Accessory building height may be increased an additional five (5) feet
with approval of the Building Official to match roof pitch or style of a principle
structure. The setback and height requirements under this provision may be
varied by approval of a conditional use permit as provided for in Section 401.03
and Section 401.15.D.13 of this Ordinance. Accessory buildings may be closer
than six (6) feet to other buildings or structures providing the requirements of the
Building Code are met.
Comment: The setbacks are complied with. The building is proposed to be over
the 12 foot-height limit and the shallow nature of the roof does not qualify it for
the additional five feet in height.
4. Lot Coverage. No accessory building or detached garage or combination
thereof within a residential district shall occupy more than twenty-five (25)
percent of the area of the rear yard except by approval of a conditional use
permit according to the provisions of Section 401.03 and Section 401.15.D.13 of
this Ordinance.
Comment: The garage will comply with this provision.
5. Number of Structures. No building permit shall be issued for the construction
of more than one (1) private garage or storage structure for each detached single
family dwelling, commercial, industrial, public or institutional building except by
approval of a conditional use permit according to the provisions of Section
401.03 and 401.15.D.13 of this Ordinance. Every detached single family
dwelling unit erected after the effective date of this Ordinance shall be so located
on the lot so that at least a two (2) car garage, either attached or detached, can
be located on said lot.
Comment: Only one detached structure is proposed for this lot.
6. Size. No accessory building for single family dwellings or combination of
attached and detached accessory buildings shall exceed one thousand (1,000)
4
square feet of floor area, except by conditional use permit as provided for in
Section 401.03 and Section 401.15.D.13 of this Ordinance.
Comment: The Applicant has requested a Conditional Use Permit to allow
1,168 square feet of attached and detached garage space.
7. Administrative Approvals. Storage buildings one hundred twenty(120) square
feet or less and in conformance with the provisions of this Ordinance may be
approved by the Building Official without a building permit, and may be in excess
of the number of structures allowable in Section 401.15.D.5. above.
Comment: Not applicable.
8. Building Permit. No building permit shall be issued for the construction of an
accessory building in a residential district when an existing detached garage or
other accessory building is located on the same lot, except by conditional use
permit as provided for in Section 401.03 and Section 401.15.D.13 of this
Ordinance.
Comment: Only one detached structure is proposed.
9. Size Limit. Except in the case of single family detached dwellings, accessory
buildings shall not exceed thirty (30) percent of the gross floor area of the
principal buildings. In those cases, where the standards are exceeded, a
conditional use permit as provided for in Section 401.03 and Section 401.15.D.13
of this Ordinance.
Comment: The gross floor area of the house is 1,624 square feet. Thirty
percent of the house floor area is 487 square feet which is the allowable
detached garage size. The proposed detached structure is 896 square feet. A
Conditional Use Permit has been requested.
10.Accessory Uses. No accessory uses or equipment such as air conditioning
cooling structures or condensers, swimming pools, and the like which generate
noise may be located in a side yard except for side yards abutting streets where
equipment is fully screened from view.
Comment: Any exterior mechanical equipment associated with the garage will
need to be screened.
11.Compatibility. The same or similar quality exterior material shall be used in the
accessory building and in the principal building. All accessory buildings shall
also be compatible with the principal building on the lot. "Compatible"means that
the exterior appearance of the accessory building including roof pitch and style is
not at variance with the principal building from an aesthetic and architectural
standpoint as to cause:
5
a. A difference to a degree to cause incongruity.
b. A depreciation of neighborhood values or adjacent property values.
c. A nuisance. Types of nuisance characteristics include unsightly building
exterior.
Comment: The Applicant has indicated that the exterior of the garage would be
finished with siding to match the current home exterior.
Conditional Use Permits
Application for a Conditional Use Permit shall be regulated by Section 401.03 of this
Ordinance. Such a Conditional Use Permit may be granted provided that:
a. There is a demonstrated need and potential for continued use of the
structure for the purpose stated.
Comment: A detached accessory building is assumed to be used for
storage to eliminate the need for exterior storage of vehicles and
equipment.
b. In the case of residential uses, no commercial or home occupation
activities are conducted on the property.
Comment: No home occupations are proposed for the property.
c. The building has an evident re-use or function related to the principal use.
Comment: The use will be related to the principal use.
d. Accessory building 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.
Comment: There should be no hazard to public health, safety and
welfare.
21 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.
Comment: No reduction of setback requirements is requested.
6
21 f. Existing property line drainage and utility easements are provided for and
no building will occur upon this reserved space unless approved in writing
by the easement holder.
Comment: There is no encroachment of existing easements.
21 g. The reduction will work toward the preservation of trees or unique physical
features of the lot or area.
Comment: One ornamental tree will be removed which is allowed by the
tree ordinance.
21 h. If affecting a north lot line, the reduction will not restrict sun access from
the abutting lots.
Comment: The building will not restrict sun access to abutting properties.
21L The building height of an accessory building shall not exceed twenty-five
(25) feet.
Comment: The building will be 18 feet in height to the ridge line.
21]. 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.
Comment: The building will not occupy the rear yard.
k. The provisions of Section 401.03.A.8 of this Ordinance shall be
considered and a determination made that the proposed activity is in
compliance with such criteria.
Comment: The criteria are reviewed below.
The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning
Ordinance, are found as follows:
1. Relationship to the specific policies and provisions of the municipal comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving the property.
8. The impact upon existing public services and facilities including parks, schools, streets,
and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained herein (i.e.,
parking, loading, noise, etc.).
7
Comment: The Planning Commission should comment if any of these criteria
will be at odds with the Conditional Use Permits proposed for the site. The
unique shape of the lot and placement of the existing home are factors that must
be considered when considering the application. City Staff does not see any
issues with the request.
CONCLUSION/RECOMMENDATION
Upon review of the request for the Conditional Use Permits, City staff would recommend
the garage construction with the following conditions:
1. The City Engineer will review the drainage for the site. The final grading
for the proposed structure shall be subject to approval of the City
Engineer.
2. Any exterior mechanical equipment associated with the garage shall be
screened.
3. The exterior of the proposed garage shall be finished with siding to match
the current home exterior.
4. The applicant shall apply for and receive a building permit for the
structure.
5. Any other conditions of the Planning Commission, City Council and City
Staff.
8
eri 01-
14151 60th St N Project Description
Name-Timm Bockman Owner/Applicant
I own the residential property at 14151 60th St N in Oak Park Heights. I
propose to build a 28' X 32' two car garage south of the current home. The
house currently has a single car attached garage that is 13'2" X 20'8" for a
total of 272.11 sq. ft. The proposed garage totals 896 sq. ft. putting the total
sq. ft. of accessory buildings at 1168.11 sq. ft. This amount exceeds the
maximum sq. ft. permitted, (1000 sq. ft.), in Oak Park Heights by 168.11 sq.
ft. The proposed structure is well within the required setbacks. Access to the
building would be by the current driveway with an additional asphalt
extension to reach the new concrete pad on which the new garage will be
constructed.
The building would have 3 garage doors, two on the east side for vehicle
access and one on the west side for yard equipment access. There would also
be five windows, two on the north side and three on the south side. One 3'
access door would be on the north side also. Roof height would be 18' which
is the height of the main portion of the current home. The pitch of both the
home and proposed new garage would be 6/12. The exterior of the garage
would be finished with siding to match the current home exterior.
The current size of the lot after the MNDOT work is 1.05+/- acres.
Justification for conditional use permit.
The current garage is too small for today's world. I have three vehicles I would like to
keep garaged. Add in a riding lawn mower, tiller, tools and just general storage and I
found the need for a larger garage.
For years, I was uncertain what would happen to my home with the change in the service
road, so I held back adding anything until the road construction was complete. Now it is
finished and I have decided I like where I live and would like to make my home more
living friendly by adding garage space.
I looked at the option of enlarging my current garage by expanding it to the maximum of
1000 sq.ft. This option did not work because my home has a well, (private well, city
sewer), which is located directly behind the current attached single car garage. Having
the well service company look at the situation, access to the well would be impaired by
the expansion of the current garage. Access to the well by a large truck is required
anytime you need major well service. After seriously considering this option I decided
that for this lot, a freestanding garage was the only viable option.
The current lot size is just over an acre, (1.05+-), so the proposed garage will not look out
of proportion. The garage will match the current home exterior finish and height.
I am asking that the city grant a conditional use permit to construct this garage in the
summer of 2017.
Thank You
Timm Bockman
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