HomeMy WebLinkAbout2019-02-14 Thiets Setback Reduction CUP - 5655 Peller Ave. N. - DF2019-01.01 09- 114, 19
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 TOM AND LISA THIETS FOR A CONDITIONAL
USE PERMIT TO ALLOW A REAR YARD SETBACK AT PELLER
AVENUE BETWEEN 56TH AND 57TH STREET NORTH SHOULD BE
APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request by Tom and Lisa
Thiets(Applicant)for a Conditional Use Permit to allow a 10-foot rear yard setback at
Peller Avenue between 56th and 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-1 Single Family Residential District in which
single family dwellings and accessory structures are a permitted use;and
4. The Applicant created this lot by the minor subdivision process,approved
on June 19,2018,resulting in two lots,the subject lot bordering on 56th Street which is
30,000 square feet and the lot on 57th Street which is 15,000 square feet;and
5. Section 401.15.C.1.d of the Zoning Ordinance requires a 30-foot front
yard setback,10-foot side yard setback and 30-foot year yard setback in the R-1 Single
Family Residential District;and
b 2,019–01,0
6. Section 401.02.B of the Zoning Ordinance provides a definition of lot,
front that specifies that the front lot line of the subject property is 56th Street and the rear
lot is the line abutting the lot to the north. Peller Avenue is not considered the front, but
would require a 30-foot setback; and
7. The Applicant has proposed a 10-foot setback for the single-family
dwelling to the north property line where a 30-foot setback is required; and
8. The Applicant has provided justification for the reduced setback stating
that the lot is unique in that the rear lot line is to the north and not opposite Peller
Avenue, there is a significant slope and an existing stand of trees preventing the house
from fronting on 56th Street, and the dwelling to be constructed on the lot to the north will
likely be fronting on Peller Avenue, which would provide consistency on this block; and
9. Section 401.15.C.1.c.5 of the Zoning Ordinance allows for a required yard
on a lot to be reduced by a Conditional Use Permit if conditions are met; and
10. City staff prepared a planning report dated February 7, 2019 reviewing the
request; and
11. 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.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 February 14, 2019
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 Torn and Lisa Thiets for a Conditional Use Permit
to allow a 10-foot rear yard setback at Peller Avenue between 56th and 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 grade and tree cover at the south west corner of the subject property
shall be preserved.
2
2. The setback of the proposed house to the north property line shall be at
least 10 feet.
3. 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.
Recommended by the Planning Commission of the City of Oak Park Heights this
14th day of February 2019.
1/�
imothy Fre: a,, C .it
ATTEST:
Eric i •n, City Administrator
3
ATTACHMENT A
iii11
Conditional Use Permit
For Setback Reduction of North Lot Line
For
Proposed Construction of a Single-Family Residential Dwelling
Located at 5655 Peller Ave. N.
(South of 15405 57th St.N.)
Physical Address: 5655 Peller Ave., N.
Washington County Parcel Identification Number: 03.029.20.24.0044
Legal Description: Lots 6, 8, 10 & 12, Block 5, Beaches Addition
ATTACHMENT B
•
Conditional Use Permit
For Setback Reduction of North Lot Line
For
Proposed Construction of a Single-Family Residential Dwelling
Located at 5655 Peller Ave. N.
(South of 15405 57th St. N.)
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Conference With City Staff Upon Application Submittal: January 29, 2019
Planning Commission Review & Recommendation: February 14, 2019