HomeMy WebLinkAbout2019-07-11 Planning Commission Meeting Packet CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING AGENDA
Thursday, July 11, 2019
6:00 P.M.
I. Call to Order/Pledge of Allegiance
II. Approval of Agenda
III. Approve May 9, 2019 Planning Commission Meeting Minutes (1)
IV. Department/Commission Liaison/ Other Reports
V. Visitors/Public Comment
This is an opportunity for the public to address the Commission with questions or concerns on or not
upon the agenda. Please limit comments to three minutes.
VI. Public Hearings
A. Stillwater Area High School C.U.P. Amendment: Review and consider a
Conditional Use Permit Amendment to allow light pole signs and a Pony
Activity Center wall sign in excess of sign ordinance allowances at Stillwater
Area High School—5710 Stillwater Blvd. N. (2)
B. Carol Johnson—6165 Beach Rd., N.: Review and consider a request for a
Conditional Use Permit for a property line setback reduction for proposed garage
construction at 6165 Beach Rd.N. (3)
VII. New Business
VIII. Old Business
IX. Informational
A. Upcoming Meetings:
• Tuesday, July 23, 2019 City Council 6:00 p.m./City Hall
• Thursday, August 8, 2019 Planning Commission 6:00 p.m./City Hall
• Tuesday, August 27, 2019 City Council 6:00 p.m./City Hall
• Tuesday, September 10, 2019 City Council 6:00 p.m./City Hall
• Thursday, September 12, 2019 Planning Commission 6:00 p.m./City Hall
• Tuesday, September 24, 2019 City Council 6:00 p.m./City Hall
B. Council Representative
• Tuesday, July 23, 2019—Commissioner Kremer
• Tuesday, August 27, 2019—Commissioner Giovinazzo
• Tuesday, September 24, 2019—Commissioner VanDyke
X. Adjourn.
enctiaums
CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING MINUTES
Thursday, May 9, 2019—Oak Park Heights City Hall
Call to Order/Pledge of Allegiance:
Chair Freeman called the meeting to order @ 6:00 p.m. Present: Commissioners
Giovinazzo, Kremer, VanDyke and White; City Administrator Johnson, City Planner
Richards, and City Councilmember Liaison Representative Dougherty.
II. Approval of Agenda:
Commissioner Kremer, seconded by Commissioner Giovinazzo, moved to approve the
Agenda as presented. Carried. 5-0.
III. Approval of April 11, 2019 Meeting Minutes:
Commissioner Giovinazzo, seconded by Commissioner White, moved to approve the
Minutes as presented. Carried 5- 0.
IV. Department/Commission Liaison/Other Reports: None.
V. Visitors/Public Comment: None.
VI. Public Hearings:
A. Central Automotive: Review and consider a request for a Conditional Use Permit to
allow auto repair in the B-2, General Business District, a Final Plat and Site
Plan/Design Guidelines Review related to the proposed development of a Central
Automotive to be located the corner of 59th St. N. & Osgood Ave. N.
City Planner Richards reviewed the May 2, 2019 Planning Report to the request,
providing an issue analysis and discussing the same.
Commission discussion ensued as to trees on the site, potential for a future lot split, and
location of site access with regard to traffic.
Chair Freeman opened the public hearing and invited comment from the applicant and
audience.
Chad Derrick of Derrick Building Solutions introduced himself as the General
Contractor to the project and briefly walked through the project, noting that the
structure would be all steel and that it would be an approximate four month build out.
Planning Commission Minutes
May 9, 2019
Page 2 of 6
Dave Triemert— Central Automotive owner/operator stated that he did not have any
plans for a lot split at the time and shared what he knew as to the easement at the site.
Mr. Triemert noted that his current location is a leased space and that the owner of the
building may be looking at going a different direction with the building other than
automotive repair. The proposed location keeps his business in town and beyond
ownership offers a number of site improvements.
Nick Fliggen introduced himself as a property manager for the St. Croix
Crossing Apartments, to the east of the proposed site and inquired as to tree removal
plans between the site and the apartment building.
There being no other visitors to the public hearing, Commissioner Kremer, seconded by
Commissioner Giovinazzo, moved to close the public hearing. Carried 5-0.
Discussion was had as to the building design in relation to the nature of the business,
conditions within the report as to the design, screening of residential properties and the
easement distances proposed in condition 2 of the planning report.
Commissioner Kremer, seconded by Commissioner VanDyke, moved to recommend
City Council approval of the request, subject to the conditions of the May 2, 2019
Planning Report, as amended; specifically, that:
1. The final plat shall be subject to review and approval of the City Engineer and
City Attorney. Connection charges and park dedication shall be paid in
accordance with the provisions of the Development Agreement.
2. As part of the final plat approval, the 30-foot easement at the south property line
shall be reduced to 20-feet. A public hearing of the City Council shall be
conducted to consider the reduction of the easement width.
3. The access point is subject to review and approval of Washington County.
4. The grading, drainage and utility plans shall be subject to the review an approval
of the City Engineer. The drainage plans shall be subject to the review of the
Middle St. Croix Watershed District.
5. All lighting fixtures shall be full cut off and installed in compliance with the
lighting standards of the Zoning Ordinance.
6. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting. Any security lighting on the east elevation shall be
installed as a motion sensor fixture.
7. The landscape and removal/replacement plans are subject to review and
approval of the City Arborist.
Planning Commission Minutes
May 9, 2019
Page 3 of 6
8. All signage shall be subject to final review and approval of City Staff for
conformance with Zoning Ordinance standards.
9. All noise generated from the store shall be compliant with section 401.15.B.11
of the Zoning Ordinance. The service doors to the building shall be closed at all
times, except when vehicles are moved in and out of the service bays.
10. Mechanical equipment that is located on the roof or visible from street level or
from neighboring properties shall be screened with materials that blend
harmoniously with the building facade materials and in accordance with section
401.15.E.10.e of the Zoning Ordinance.
11. The Planning Commission is favorable to the building design and finds the
structure compatible with the Design Standards.
12. The Planning Commission was favorable to the building material selection and
colors.
13. There shall be no outside storage, including tires and auto parts. No storage
shall be allowed in trailers that are parked on the property.
14. The applicant shall be required to enter into a Development Agreement. The
development agreement shall be subject to the review and approval of the City
Attorney and City Council.
Carried 5-0.
B. Stillwater Crossing: Review and consider a request for a Variance from sign
regulations to allow two business signs at a single entry for a shared business
operation—Good Times Tattoo and Lace Salon at 14727 60th St. N.
City Planner Richards reviewed the May 2, 2019 Planning Report to the request,
providing an issue analysis and discussing the same. Richards noted that a variance,
rather than a conditional use permit is required due to the provisions within the zoning
ordinance for multi-tenant building signs.
Brief discussion was had as to the building design and joint business operation within a
single business space.
Chair Freeman opened the public hearing and invited comment from the applicant and
audience. There being none, Commissioner Kremer, seconded by Commissioner
Giovinazzo, moved to close the public hearing. Carried 5-0.
Commissioner VanDyke, seconded by Commissioner Giovinazzo, moved to
recommend City Council approval of the request, subject to the conditions of the May
2, 2019 Planning Report, specifically that:
Planning Commission Minutes
May 9, 2019
Page 4 of 6
1. All proposed signage shall require a sign permit and shall be in compliance with
section 401.15.G of the Zoning Ordinance for size and illumination.
Carried 5-0.
C. Taco Bell: Review and consider a request for a Conditional Use Permit
Amendment and Design Guidelines Review as they relate to interior and exterior
alterations to Taco Bell at 14529 60th St. N.
City Planner Richards reviewed the May 2, 2019 Planning Report to the request,
providing an issue analysis and discussing the same. Discussion was had as to the
existing freestanding sign and whether or not the Commission wishes to have it brought
into height compliance with the zoning ordinance.
Chair Freeman invited the applicant to address the Commission.
Brian Davies of Border Foods introduced himself, stating that they were excited to
freshen the store and site and responded to questions from the Commission. He noted
that the freestanding sign is estimated at 27 feet tall and that they would prefer to not
change it. They plan to replace the face with the new Taco Bell log. If required to
reduce the pole height, they will need to have engineering determine modifications to
the structure to make it work for the sign face.
Discussion ensued as to the logo design, other freestanding signs in the area and from
where the height criteria in the zoning ordinance evolved.
Chair Freeman opened the hearing for public comment. There being none,
Commissioner Giovinazzo, seconded by Commissioner White, moved to close the
public hearing. Carried 5-0.
Commissioner Kremer, seconded by Commissioner VanDyke, moved to recommend
City Council approval of the request, subject to the amended conditions of the May 2,
2019 Planning Report, specifically that:
1. The applicant shall provide a revised photometric and lighting plan that
complies with the provisions of section 401.15.B.7.d of the Zoning Ordinance.
All light fixtures shall be full cut off and compliant with the Zoning Ordinance.
The parking lot lighting shall not exceed 25 feet from ground level.
2. All mechanical equipment on the roof or on the site shall be fully screened in
accordance with the provisions of the Zoning Ordinance.
3. All noise generated from the store shall be compliant with section 401.15.B.11
of the Zoning Ordinance.
4. All grading, drainage, erosion control, and utility plans are subject to review and
approval of the City Engineer. Stormwater plans are also subject to review and
approval of the Middle St. Croix Watershed District.
Planning Commission Minutes
May 9, 2019
Page 5 of 6
5. The Planning Commission was favorable to the building design and building
materials.
6. The plans should be revised to indicate details and locations of any directional
signage.
7. Outdoor lighting for the parking areas shall be turned off one hour after closing,
except for approved security lighting.
8. No strip lighting of the building, canopy or freestanding sign shall be allowed.
9. All signs shall be designed to comply with the Zoning Ordinance requirements
for illumination. The spot fixtures and LED strips may be used if the lighting is
directed at the sign and designated so that the light source is not visible. Staff
will review the lighting specifications at the time of permitting.
10. The landscape plan shall be subject to the review and approval of the City
Arborist.
11. A bike rack shall be placed on site.
Carried 5 —0.
VII. New Business: None.
VIII. Old Business:
A. Comprehensive Plan/Metropolitan Council:
1. Metropolitan Council Review.
City Planner Richards noted March 27, 2019 response received from
Metropolitan Council and that he and City Engineer, Lee Mann were both
working on their responses for resubmittal. Richards asked the Commission
if they wanted to review the revised materials prior to its being resubmitted.
Commission consensus was that Richards should simply resubmit the plan to
Metropolitan Council when he was ready.
2. Planning Commission Letter to Metropolitan Council Review.
Chair Freeman noted the letter prepared by Commission Kremer and edit
suggestions received from Commissioner White, to Metropolitan Council
regarding Metropolitan Council's Comprehensive Plan updating process.
Freeman stated that he agreed with the content of the letter. Discussion was
had as to the final drafting of the letter, when to send it and having City
Council review it prior to sending. The letter will be brought back to the
Commission after the current Comprehensive Plan update is done.
Planning Commission Minutes
May 9, 2019
Page 6 of 6
IX. Informational:
Commissioner Kremer noted attending the Spring Clean Up and that two city staff members
man the event as well as the Fall Clean Up event, basically processing folks through and
checking identification. He suggested that perhaps this could be a volunteer activity, with
folks from the Planning and Parks Commissions volunteering, along with other who may be
interested in helping out. Commissioner VanDyke suggested that a Community Clean Up
may be a good event to sync with the drop off clean up event. Commission consensus was
favorable and the possibilities will be discussed with City Administrator Johnson.
A. Upcoming Meetings:
• Tuesday, May 28, 2019 City Council 6:00 p.m./City Hall
• Thursday, June 13, 2019 Planning Commission 6:00 p.m./City Hall
• Tuesday, June 25, 2019 City Council 6:00 p.m./City Hall
• Thursday, July 11, 2019 Planning Commission 6:00 p.m./City Hall
• Tuesday, July 23, 2019 City Council 6:00 p.m./City Hall
B. Council Representative
• Tuesday, May 28, 2019—Commissioner White
• Tuesday, June 25, 2019—Commissioner Freeman
• Tuesday, July 23, 2019— Commissioner Kremer
X. Adjourn.
Commissioner Kremer, seconded by Commissioner Giovinazzo, moved to adjourn at 7:10
p.m. Carried 5 —0.
Respectfully submitted,
Julie Hultman
Planning& Code Enforcement
Approved by the Planning Commission:
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC(aPlanningCo.corn
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: July 2, 2019
RE: Oak Park Heights — Stillwater Area High School — Signage
Conditional Use Permit— 5701 Stillwater Boulevard North
TPC FILE: 236.02 — 19.06
BACKGROUND
Carissa Keister of the Stillwater Area Schools has made application for an Amended
Conditional Use Permit (CUP) to allow signage on a total of five light poles and a Pony
Activity Center wall sign that exceeds size requirements at the Stillwater Area High
School located at 5701 Stillwater Blvd North. Each pole sign would display a red
directional message and a black pony logo. The proposed Pony Activity Center sign
would measure 150 feet by 75 feet.
The site is zoned 0, Open Space Conservation District in which the High School has
been permitted as a conditional use. Any changes to the site or the uses require a
CUP. The original CUP for the High School was approved December of 1991.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Letter from Carissa Keister— June 6, 2019
Exhibit 2: Picture of Fine Arts/Pony Logo Banner
Exhibit 3: Picture of Athletics/Pony Logo Banner
Exhibit 4: Picture of Welcome/Pony Logo Banner
Exhibit 5: Picture of Go Ponies/Pony Logo Banner
Exhibit 6: Pony Activity Center Sign
Exhibit 7: Elevation of Pony Activity Center Sign
Exhibit 8: Elevation Length and Location of Pony Activity Center Sign
PROJECT DESCRIPTION
The letter from Carissa Keister is found as Exhibit 1 describes the project:
The Stillwater Area Public School District is seeking approval from the City of Oak Park
Heights to place directional signs around the Stillwater Area High School campus. This
signage would help visitors find their way to the various entrances, including the main
entrance as well as entrances to the fine arts, athletics and Pony Activity Center (PAC).
The signage would also display our "Pony"logo to help promote Pony Pride and build a
sense of community with students, staff and visitors to our campus.
Specifically, we are seeking approval from the city for the following items:
Light pole banners:
10 two-sided banners (22.5"x48") to be mounted on a total of five light poles near the
building. Each pole would display a red "directional" banner and a black "pony logo"
banner. See attached images for banner mock-ups and location detail:
• 2 light poles on either side of main entrance
• 1 light pole near the Fine Arts entrance
• 1 light pole near the Athletics entrance
• 1 light pole near the PAC entrance
Wall sign:
1 PAC (Pony Activity Center) wall sign measuring 150" by 75". The sign would be
mounted to the exterior of the building on a wall measuring 469 feet long and 32 feet
tall. The sign itself would not be lighted, however, we may add directional lighting at
some point to illuminate the sign. Please see the attached image for a sign mock-up
and location detail.
Should approval be granted, it is our plan to install the new signage in August, so it is in
place for the start of the 2019-2020 school year.
ISSUES ANALYSIS
Comprehensive Plan. The property is designated as School Facilities on the
Proposed Land Use Map of the Comprehensive Plan. The proposed signage at the
High School will be consistent with this land use designation.
Zoning. The site is zoned 0, Open Space Conservation District in which the High
School has been permitted as a conditional use. Any changes to the site or variations
to signage that would normally require a CUP, must follow the amendment process. The
criteria found in Section 401.03.A.7 of the Zoning Ordinance must be considered when
reviewing a request for this type.
2
Within the 0 District, the following sign provisions would apply for the High School:
Other non-residential uses permitted or conditionally permitted in the 0 District
shall be allowed one monument sign, not to exceed eight (8) feet in height and
one (1) wall sign, the aggregated square footage of sign space shall not exceed
forty (40) square feet.
Additionally, the following provision also applies in the 0 District:
Exceptions in numbers of, height, or size of signs may be allowed for the signs
indicated in Section 401.15.G.8 of this Ordinance by conditional use permit, as
provided in Section 401.03 of this Ordinance.
The High School currently has one monument sign and one wall sign above the main
front entrance. The overall signage square footage and number of signs has been
exceeded, but the Ordinance would allow the additional proposed signage by CUP.
The request is for the 10 signs on the light poles, each approximately 7.5 square feet
and the requested PAC sign which is approximately 78 square feet. The CUP would be
reviewed based upon the following criteria.
Conditional Use Permit. The Planning Commission should consider the following
issues and impacts of the proposed project in making its recommendation.
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 use is consistent with the Comprehensive Plan and in conformity with
present and future land uses. There should be no environmental issues or impact to
surrounding property owners. Most of the signage will not be visible from outside of the
school grounds. There is no impact upon public services and facilities. City Staff sees
no issues with the signage as proposed in that currently the high school has very little
3
signage and much of what is proposed will provide directional information to students
and visitors.
Sign Lighting. The pole signs will be lit by the existing light fixtures above the
mounted signage. The narrative indicates that the PAC sign will not be lit but may be at
a later date. If any lighting is added the City shall be notified and it will need to comply
with the provisions of the Zoning Ordinance.
CONCLUSION / RECOMMENDATION
Upon review of the request for an Amended Conditional Use Permit (CUP) to allow
signage on a total of five light poles and a Pony Activity Center wall sign that exceeds
the allowed number and size requirements at the Stillwater Area High School located at
5701 Stillwater Blvd North, City Staff would recommend the project with the conditions
as follows:
1. Any signage to be installed on site shall be in compliance with Section
401.15.G of the Zoning Ordinance, the Amended CUP and will require a
sign permit.
2. Any sign lighting proposed for the PAC signage shall be in compliance
with the lighting requirements 401.15.G.4 of the Zoning Ordinance.
Pc: Julie Hultman
4
- frici
St i llwat e r Independent School District 834
18(5 South Greeley Street I Stillwater,Minnesota 55082
fel:651.351 : f ax' k,,��r"+
AREA PUBLIC SCHOOLS
ww.stillwatersc 005.org ED
JUN 1 0 2019
June 6, 2019
City of Oak Park Heights
PM PM
To Whom It May Concern,
The Stillwater Area Public School District is seeking approval from the City of Oak Park Heights to place
directional signs around the Stillwater Area High School campus.This signage would help visitors find
their way to the various entrances, including the main entrance as well as the entrances to the fine arts,
athletics and Pony Activity Center(PAC).The signage would also display our"Pony" logo to help promote
Pony Pride and build a sense of community with students, staff and visitors to our campus.
Specifically, we are seeking approval from the city for the following items:
Light pole banners:
10 two-sided banners (22.5" x 48") to be mounted on a total of five light poles near the building. Each
pole would display a red "directional" banner and a black "pony logo" banner. See attached images for
banner mock-ups and location detail:
• 2 light poles on either side of main entrance
• 1 light pole near the Fine Arts entrance
• 1 light pole near the Athletics entrance
• 1 light pole near the PAC entrance
Wall sign:
1 PAC(Pony Activity Center) wall sign measuring 150" by 75".The sign would be mounted to the exterior
of the building on a wall measuring 469 feet long and 32 feet tall. The sign itself will not be lighted,
however, we may add directional lighting at some point to illuminate the sign. Please see the attached
image for a sign mock-up and location detail.
Should approval be granted, it is our plan to install the new signage in August so it is in place for the start
of the 2019-2020 school year.
Please feel free to contact Carissa Keister at keistercPstillwaterschools.org or Tony Willger at
willgert@ stillwaterschools.org for additional information.
Thank you for consideration of this request.
` _
Carissa Keister, APR
Community Engagement Manager
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TPC3601 Thurston Avenue N, Suite 100 3
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.com CrIcitzums
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: July 2, 2019
RE: Oak Park Heights — Request for Conditional Use Permits for a
Garage — 6165 Beach Road Street North
TPC FILE: 236.02 — 19.07
BACKGROUND
Carol Johnson has made an application for Conditional Use Permits (CUP) to allow for
replacement of a garage at 6165 Beach Road North. The application is for three
Conditional Use Permits, to allow a replacement accessory structure for a multiple
family dwelling unit, for the rear yard setback, and for placement of the structure not
totally within the rear yard. There is an existing detached garage in the rear yard of 468
square feet which will be removed. The proposed garage will be placed in the same
location and will be 768 square feet.
The property is zoned R-2 Low and Medium Density Residential District. The principal
structure is a four-unit multiple family dwelling. Multiple family dwellings of four units or
less and their accessory structures are an allowed conditional use in that District.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Letter from Carol Johnson — June 21 , 2019
Exhibit 2: Survey
Exhibit 3: Site Plan (Aerial Photo)
Exhibit 4: Front View Proposed Garage Elevation
Exhibit 5: Street View 6165 Beach Road North
Exhibit 6: Street View Upper 61st Street North
Exhibit 7: View from East of Existing Garage
Exhibit 8: On Site Parking Plan — June 21, 2019
Exhibit 9: Site Pictures — Corner Locations and Parking (6 pages)
PROJECT DESCRIPTION
The project description and justification for the CUPs from Carol Johnson is as follows:
This letter is in response to your letter to me dated June 19, 2019 regarding my
application for construction of a new garage at the above referenced 4-plex address in
Oak Park Heights, Washington County, Minnesota.
1. A new garage is needed at my residential 4-plex because the existing garage is
approximately 50 years old and in very poor condition and too small. The roof is
sagging, and the concrete floors are cracked, uneven and some loose chunks are
coming up. In addition, the existing garage does not have space available to meet the
general storage requirements for a 4-plex of this type and size, especially since it will
also be my own primary residence beginning in July. In order to resolve these issues,
the proposed new garage will be 6 feet longer, 6 feet wider with a workshop on the
ground level and attic space sufficient to meet the necessary storage requirements of
the property. Storage space in the main 4-plex structure itself is very limited.
The location of the proposed garage simply expands the footprint of the existing garage
6 feet to the west and 6 feet to the south. I believe this is the best and most logical
location on the property for the new garage and would improve the aesthetic impact to
the surrounding neighborhood. The existing garage has been in the same location
since at least the early 1970's.
2. Attached are pictures of the subject yard marked up to highlight the proposed
locations of the corners of the new garage. The blue reflector marker is the approximate
location of the southwest corner of the new garage. The other corners are marked with
an "x".
3. Attached is a diagram showing the eight (8) parking spaces on the property, not
including spaces inside the proposed garage.
ISSUES ANALYSIS
Comprehensive Plan
The property is designated as low density residential in the Comprehensive Plan
Proposed 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-2 Low and Medium Density Residential District. Multiple family
dwellings of four units or less and their accessory structures are an allowed conditional
use 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 or
exceed the height of the principal structure, be in a rear yard, be five or more feet from
2
side lot lines, eight feet from the rear lot line and six feet from any other structure on the
same lot, unless requirements of the Building Code are addressed. 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 total area of the rear yard.
Exceptions to these provisions can be made by CUP.
The proposed building will be constructed at the same height as the principal structure.
The rear lot line is the north line in that by Ordinance, the front yard is on Upper 61ST
Street North. The proposed garage will not be totally within the rear yard in that it will
extend in front of the rear of the principal structure. The proposed structure will comply
with side lot lines but will be placed at 2.4 feet from the rear lot line. An eight-foot
setback is required for the rear setback, although the new garage will not be any closer
than the existing structure. The new garage will be placed five feet from the principal
structure but will need to comply with Building Code requirements for construction. The
new garage will occupy 22.9 percent of the rear yard.
The CUP's are required to allow a replacement accessory structure for a multiple family
dwelling unit, for the rear yard setback, and for placement of the structure not totally
within the rear yard.
The criteria for reviewing the CUP request is reviewed later in this report.
Setbacks
Due to the odd shape of the lot, the front yard abuts Upper 61st Street North and the
rear is the north property line, there is justification for the rear yard setback CUP.
Placement of the garage in any other location on the property would also require a CUP
in that the rear yard space is limited.
The garage will be placed 23.5 feet from Beach Road North which is slightly forward of
the 30-foot setback for the principal structure. This is allowable in that the side yard
setback for an accessory structure is five feet.
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 partially in the side yard. The placement of the principal structure on
this lot provides a narrow rear yard that does not allow for a standard two stall
garage to be constructed.
3. Height/Setbacks. Accessory buildings shall not exceed twenty (20) feet in
height or exceed the height of the principal structure on the lot. Accessory
buildings 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 structures
providing the requirements of the Building Code are met. Accessory buildings
shall not be located within a utility and/or drainage easement unless written
approval is obtained from the easement holder. 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.
Comment: A Conditional Use Permit has been requested for the rear yard
setback. All other setback and height requirements will be met.
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 with a coverage of 22.9
percent.
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.
4
6. Size. No accessory building for single family dwellings or combination of
attached and detached accessory buildings shall exceed one thousand, two
hundred (1,200) 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 proposed structure is 768 square feet.
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. 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.
10. 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.
Comment: The exterior of the garage will need to be finished with siding and
colors to match the current principal building 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.
5
Comment: The detached accessory building shall 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: The shape of the lot and the placement of the principal
structure creates a narrow rear yard, not large enough for a two-stall
garage as proposed.
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: Two trees will be removed. The City Arborist shall review the
tree removal.
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 an adjacent
structure's driveway.
6
21 i. The building height of an accessory building shall not exceed twenty (20)
feet.
Comment: The building will be approximately 15 feet in height to the
midpoint of the gable roof and will not exceed the height of the principal
structure.
21 j. 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 building will comply.
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.).
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 principal structure 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 application for Conditional Use Permits (CUP) to allow for replacement of a garage
at 6165 Beach Road North with the following conditions:
7
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 and in a
color to match the current principal building exterior.
4. The upper level of the proposed garage shall be used for storage and not
for habitable space.
5. The height of the garage shall not exceed the height of the principal
structure.
6. The City Arborist shall review the proposed removal of the two trees and
add any applicable conditions.
7. The applicant shall apply for and receive a building permit for the
structure. All applicable Building Code requirements shall be met.
PC: Julie Hultman
8
e1'• i
CAROL D. JOHNSON
P.O.BOX 551
Stillwater,MN 55082
Phone:(651)439-9260
e-mail: caro1d55082(a AOL.com
June 21,2019
TPC
Attn: Mr. Scott D. Richards
3601 Thurston Avenue North, Suite 100
Anoka, MN 55303
Re: TPC File No. 236.02-19.07
6165 Beach Road North, Oak Park Heights, MN 55082
Letter to Carol Johnson dated June 19,2019
Dear Mr. Richards:
This letter is in response to your letter to me dated June 19,2019, regarding my
application for construction of a new garage at the above referenced 4-plex address
in Oak Park Heights,Washington County, Minnesota.
1. A new garage is needed at my residential 4-plex because the existing garage is
approximately 50 years old and in very poor condition and too small. The roof is
sagging and the concrete floors are cracked, uneven and some loose chunks are
coming up. In addition, the existing garage does not have space available to meet the
general storage requirements for a 4-plex of this type and size, especially since it
will also be my own primary residence beginning in July. In order to resolve these
issues,the proposed new garage will be 6' longer,6' wider with a workshop on the
ground level and add attic space sufficient to meet the necessary storage
requirements of the property. Storage space in the main 4-plex structure itself is
very limited.
The location of the proposed new garage simply expands the footprint of the existing
garage 6' to the west and 6' to the south. I believe this is the best and most logical
location on the property for the new garage and would improve aesthetic impact to
the surrounding neighborhood. The existing garage has been in this same location
since at least the early 1970s.
2. Attached are pictures of the subject yard marked up to highlight the proposed
locations of the corners of the new garage. The blue reflector marker is the
approximate location of the southwest corner of the new garage. The other corners
are marked with an "X".
3. Attached is a diagram showing the eight(8) parking spaces on the property, not
including spaces inside the proposed garage.
4. Enclosed are checks for the $400 base fee and $1000 escrow account requested for
this application.
5. I will initial the first page of the original application submitted to City Hall as
soon as possible.
If any additional information is needed to complete my application, please advise.
Thank you for your consideration of my application.
Sincerely,
(\ \\ \
Carol D. Johnson
Enclosures(3)
t42
Notes: CERTIFICATE OF SURVEY Notes:
Bearing system is an • Indicates monument
assumed datum. BARRETT M.STACK Found inplace as noted.
M." Indicates measured value. STILLWATER,MINN. 55082 o Indicates #13774 monument set.
Underground or overhead, public or MINNESOTA REGISTERED Offsets shown to existing structures
private utilities, on or adjacent the LAND SURVEYOR are measured to the outside bldg. wall
parcel, were not located in conjunction Tel.No.439-5630 lines, unless noted otherwise.
with this survey, unless shown otherwise. The existing garage and shed, as shown,
"R." Indicates recorded value. are proposed to be replaced.
SURVEY MADE EXCLUSIVELY FOR: Carol Johnson, 6165 Beach Road, Oak Park Heights, MN 55043
DESCRIPTION: As Supplied: (per Doc. No. 587989, Wash. Co. Records)
Lots Eleven (11), Twelve (12) and Thirteen (13), except the Northerly Seventeen and
seventy-five hundredths (17.75) feet of said Lot Thirteen (13), all in Block Nineteen
(19) , Elfelt's Addition to Oak Park, according to the plat thereof on file and of record
in the office of the Register of Deeds in and for said County and State.
Description Notes: Parcel includes the westerly 1/2 of the vacated Alley, as noted.
Parcel does not include Parcel 6 of Wash. Co. Hwy. R/W Plat No. 177,
recorded as Doc. No. 4054395, Wash. Co. records.
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