HomeMy WebLinkAbout2018-11-13 WC Document 4175217 - CUPReceipt:# 414493
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4844 North 300 West
Suite 202
Provo UT 84604
4175217
111111 VIII VIII VIII IIII VIII VIII IIII IIII
Certified Fi led and/or recorded on:
11,13/2018 3 08 PM
Office of the County Recorder
Washington County, Minnesota
Jennifer Wagenius, County Recorder
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
For
Garage Addition to Detached Garage
At
5 73 7 Peller Ave. 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 docwnent within the files of the City of Oak Park
Heights.
WITNESS my hand and the seal of the City of Oak Park Heights, this 5th day of
November, 2018.
CONDITIONAL USE PERMIT TO ALLOW ADDITION
TO DETACHED GARAGE AT 5737 PELLER AVENUE NORTH
File No.: Date Issued: September 25, 2018
Legal Description: See Attached Exhibit "A" (Geo. Code 03.0029.20.24.0014)
Owner: Russell A. & Jacquelyn Patrick
5737 Peller Avenue N.
Oak Park Heights, MN 55082
Applicant: Russell Patrick
5737 Peller Avenue N.
Oak Park Heights, MN 55082
Site Address: 5737 Peller Avenue N., Oak Park Heights MN
Present Zoning District: R-1 Single Family District
Permitted uses set forth in Ordinance 401 Section 441.15.D
1. CUP PERMIT: The property is zoned R-1 Single family and has a prior existing detached garage
measuring approximately 28' x 28' (784 square feet), to which Owner requests to build an addition of 28' x 12',
bringing total square footage to 1,120 square feet. Section 401.15.D.4 of the Zoning Ordinance requires a
Conditional Use Permit for detached accessory structures that cover more than 25 percent of the rear yard. The
proposed garage of 1,120 square feet would cover 37 percent of the rear yard, and is allowable only by
conditional use permit. The size of the subject lot is 6,009 square feet which is an unusually small lot size in
Oak Park Heights, and thereby limiting the size of otherwise reasonable accessory structures. The proposed
garage with addition will comply with all the other standards for accessory structures in Section 401.15.D of the
Zoning Ordinance.
IL CONDITIONS:
The City Council of the City of Oak Park Heights approves the Conditional Use Permit for construction
of an addition to and use of a detached garage to a total size of 1,120 square feet on the subject site, subject to
the following conditions:
1. Any exterior mechanical equipment associated with the garage shall be screened.
2. The exterior of the proposed garage shall be finished with siding to match the current house and
garage.
3. The applicant shall apply for and receive a building permit for the structure.
4. The garage shall be placed at the same distance from the north property line as the existing
garage or maintain at least a five-foot setback.
III. REFERENCED ATTACHMENT(S):
The reports of the City Planner dated September 6, 2018 and Owner's application materials 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.
Date:
Date:
Date'' 1
CITY OF OAK PA
ByG
Russell
HEIGHTS
Administrator
By
EXHIBIT "A"
LEGAL DESCRIPTION
BEACH'S ADDITION, Lot 4, Block 2
EXCEPT SOUTHERN 10 FT THEREOF, SUBJ TO EASEMENTS OF BEACH'S ADDITION.
Map for Deference ONLY
C#L
EXHIBIT "B"
PLANNERS REPORT AND SITE PLANS
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@Plannin9Co-com
MEMORANDUM
TO:
FROM:
DATE:
RE:
TPC FILE:
BACKGROUND
Eric Johnson
Scott Richards
September 6, 2018
Oak Park Heights — Conditional Use Permits for Rear
Yard Coverage - Garage Addition at 5737 Peller Avenue North
236.05 —18.01
Russel Patrick has made an application for a Conditional Use Permit (CUP) to allow a
garage addition at 5737 Peller Avenue North. The application is to allow an accessory
structure that exceeds 25 percent of the rear yard area. There is an existing detached
garage of 784 square feet and an additional 336 square feet of garage is proposed.
The proposed lot coverage is 37 percent of the rear lot area.
The property is zoned R-1 Single Family 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 from Russel Patrick
Exhibit 2:
Site Plan with Dimensions
Exhibit 3:
Proposed Elevations
Exhibit 4:
Garage Floor Plan
Exhibit 5:
Lot Dimensions
Exhibit 6:
Lot Dimensions with Electric Pole
Exhibit 7:
Picture with Property Line
Exhibit 8:
Lot with North Property Line
Exhibit 9:
Site Views (Three Photos)
PROJECT DESCRIPTION
The project description and justification for the CUP from Russel Patrick is as follows:
1 have an existing 28 foot by 28 foot garage which totals 784 square feet. The existing
garage has two 9 foot by 7 foot garage doors which do not allow much clearance for my
pickup truck when entering the garage. I would like to put a 12 foot by 28 foot addition
on to the existing garage that would allow me to put in a 10 foot wide garage door into
the addition. The 12 foot x 28 foot addition would put the overall square footage of the
garage at 1,120 square feet
ISSUES ANALYSIS
Comprehensive Plan
The property is designated as low density in the Comprehensive Land Use Map. The
request for the garage is consistent with the Comprehensive policies related to low
density land use.
Zoning
The property is zoned R-1 Single Family 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 20 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
1,200 square feet and the accessory buildings cannot exceed 25 percent of the area of
the rear yard. Exceptions to these provisions can be made by CUP.
Zoning Requirement
Proposed Garage
Building Height — 20 feet
13 feet, 1 inch
Side Yard Setback — 5 feet
5.2 feet from North Property Line
Rear Lot Line — 8 feet
15 feet
Separation from other buildings — 6 feet
18 feet
Lot Coverage in Rear Yard — 25 percent
37 percent
Size of Accessory Structures — 1,200
square feet
1,120 square feet
The proposed building will exceed the lot coverage requirement but comply with all
other standards. The criteria for reviewing the CUP request is reviewed later in this
report.
0)
Access
The front of the garage, side facing north, is provided access to Peller Avenue via land
owned by Xcel Energy. The Applicant is not aware of any written access agreements
with Xcel Energy to provide this access. If access is denied by Xcel Energy at some
time in the future, the Applicant has the option of access through the rear of the garage
to an alley/easement that accesses 57t�' Street North.
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.
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.
3
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: From the photographs provided by the Applicant, no trees will
be removed to accommodate the garage expansion.
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.
21 i. The building height of an accessory building shall not exceed twenty (20)
feet.
Comment: The building will be 13 feet, 7 inches to the mid -point of the
gabled roof.
21j. Accessory buildings or detached garages or combination thereof within a
residential district shall not occupy more than twenty-five (25) percent of
the rear yard.
Comment: The CUP has been requested to vary from this standard.
k. The provisions of Section 401.03.A.7 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.).
Comment: The Planning Commission should comment if any of these criteria
will be at odds with the Conditional Use Permit proposed for the site. The very
4
small lot (6,009 square feet) is unusual for Oak Park Heights. Most rear yards
would accommodate a large garage as proposed. The size of the garage, even
with the addition is less than the maximum size allowed. City Staff does not see
any issues with the request.
Upon review of the request for the Conditional Use Permit, City staff would recommend
the garage construction with the following conditions:
I Any exterior mechanical equipment associated with the garage shall be
screened.
2. The exterior of the proposed garage shall be finished with siding to match
the current house and garage.
3. The applicant shall apply for and receive a building permit for the
structure.
4. The garage shall be placed at the same distance from the north property
line as the existing garage or maintain at least a five-foot setback.
5. Any other conditions of the Planning Commission, City Council and City
Staff.
Pc: Julie Hultman
I have an existing 28 foot by 28 foot garage which totals 784 square feet. The existing garage has two 9
foot by 7 foot garage doors which do not allow much clearance for my pickup truck when entering the
garage. I would like to put a 12 foot by 28 foot addition on to the existing garage that would allow me to
put in a 10 foot wide garage door into the addition. The 12 x 28 foot addition would put the overall
square footage of the garage at 1120 square feet. Which is 120 square feet over the maximum amount
allowed.
Andersen
DATE: JOB:
V'C
610
150
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+
EXISTING OVERALL NORTH ELEVATION
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PROPOSED OVERALL NORTH ELEVATION
IN
40'-0"
35'6 9116"
T-6 9116"
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1
SCALE; 3/16" = V-0"
EXISTING DRIVEWA
EXISTING EASEMENT
PEELER AVENUE
SCALE: 7/20" m
9
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