HomeMy WebLinkAbout2019-07-23 CC Packet Enclosure Oak Park Heights
Request for Council Action
Meeting Date July 23rd,2019
Time Required: 5 Minutes
Agenda Item Title: Conditional Use Permit—6165 Beach Road—Carol Johnson—Placement
of an Accessory Dwelling
Agenda Placement New Business
Originating Department/Reque ..r: E J .•.n,City Administrator
Requester's Signature
Action Requested —0scussion, ;•ssible • ction
i
Background/Justification(Pleas indicate if any previous action has been taken or if other public
bodies have advised):
Please see the following from Scott Richards,City Planning Consultant
1. Staff Report dated July 2nd 2019-as presented to the Planning Commission;
2. Planning Commission Resolution(unsigned)
3. Proposed City Council Resolution.
Page 85 of 122
3601 Thurston Avanuer N,Butte 100p T
3
Anoka, MN 66303
Phone:703.231.6840
Fatcbin R 763.427.05x20
TPC@PknninQCo.emm
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: 235.02—19.07
BACKGROUND
Carol Johnson has made an application for Condi Tonal use Permits (CUP)to allow for
replacement of a garage at 6185 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 488
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 81E Street North
Exhibit 7: View from East of Existing Garage
Exhibit 8: On Site Paridng Pian—June 21,2019
Exhibit 9: Site Pictures, Corner Locations and Parking(6 pages)
Page 86 of 122
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 resldentlal 4-plex because the existing garage is
approximately 50 years old and In very poor condltlon and too small. The roof is
sagging, and the concrete floors are sacked, 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 ner of the new garage. The other corners are marked with
an 'k".
3. Attached is a diagram showing the eight (8) parldng 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 tures 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
Page 87 of 122
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 61't 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,
Dralnage/Utllltles
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 Requiremt nta,
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
Page 88 of 122
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 shad not exceed twenty (20) feet in
height or exceed the height of the principal structure on the lot. Acces :ry
buildings shall be five (5) feet or more from side lot lines, eight (8) feet from the
rear lot line end shall be six(6) feet or more from any other building or structures
providing the requirements of the Building Code am 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 401.16.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
Page 89 of 122
8. 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 end 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 es 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 fix 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
Page 90 of 122
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 am conducted on the properly.
Comment: No home occupations are proposed for the property.
c. The building has an evident reuse or function related to the prindpal 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
Page 91 of 122
21 1. 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.
21j. Accessary 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 401.03A8 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 lend 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.
a The Impact upon existing public services end facilites including parks, schools, streets,
and unities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained herein (Le.,
ping,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
Page 92 of 122
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.
1. 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
Page 93 of 122
CAROL D. JOHNSON
P.O.BOX 551
Stillwater,MN 55082
Phone:(651)439-9260
e-m carold550820,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 Beads 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-plen address
in Oak Park Heights,Washington County,Minnesota
1.A new garage is needed at my residential 4-plea 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
coining 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 thele
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-pleas 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.wed 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 corner*
art marked with an .
Page 94 of 122
3.Attached is a diagram showing the eight(S)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.
1 i!.you for your consideration of my application.
Sincerely,
&I,NSi^h
Carol .Johnson
Enclosures(3)
Page 95 of 122
c.
Net.ee CERTIFICATE OF IIIIRVEY Intent
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4°E9'•1sAsDC T carol Johnson, 6165 Beach Road, oak Park Eeigt *, 156' 55063
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Page 108 of 122
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 CAROL JOHNSON FOR CONDITIONAL USE
PERMITS TO ALLOW A REPLACEMENT ACCESSORY
STRUCTURE FOR A MULTIPLE FAMILY DWELLING UNIT AT
6165 BEACH ROAD NORTH SHOULD BE APPROVED WITH
CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Carol Johnson for
three Conditional Use Permits to allow a replacement accessory structure for a multiple
family dwelling unit at 6165 Beach Road 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-2 Low and Medium Density Residential District
in which multiple family dwellings of four units and less and accessory detached
structures are an allowed conditional use; and
4. The Applicant is requesting a Conditional Use Permit to allow a
replacement accessory structure for a multiple family dwelling unit in the R-2 Low and
Medium Density Residential District,a Conditional Use permit for the rear yard setback
and a Conditional Use Permit for placement of the accessory structure not totally within
the rear yard; and
Page 109 of 122
5. Section 401.26.E.3 of the Zoning Ordinance requires a Conditional Use
Permit for multiple family structures of not more than four units. There is a four-unit
multiple family structure on the subject site and well as an existing accessory structure.
The Conditional Use Permit will allow replacement of the accessory structure; and
6. Section 401.15.D.3 of the Zoning Ordinance requires an eight-foot setback
to the rear property line. The proposed accessory structure is proposed to be setback 2.4
from the rear property line, consistent with the setback of the existing accessory structure;
and
7. Section 401.15.D.2 of the Zoning Ordinance requires a Conditional Use
Permit for the placement of the accessory structure in any yard other than the rear yard.
The proposed accessory structure will be partially placed in the side yard; and
8. City staff prepared a planning report dated July 2, 2019 reviewing the
request; and
9. Said report recommended approval of the Conditional Use Permits in that
they were in conformance with the criteria for issuance of Conditional Use Permits found
in Section 401.15.D.13,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 July 11,2019
meeting, took comments from the applicants and public, closed the public hearing, and
made the following recommendation based upon the odd shape of the lot,that the front
yard abuts Upper 61'Street North resulting in the rear lot line to the north, and the
location of the principal structure on the lot:
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 Carol Johnson for three Conditional Use Permits to
allow a replacement accessory structure for a multiple family dwelling unit at 6165
Beach Road 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 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
Page 110 of 122
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 Applicant will work with the City Arborist to preserve the ash and
maple trees shown to be removed on the site plan as well at the cedar tree
on the north property line.
7. An enclosure shall be constructed on the east side of the new accessory
structure to enclose all trash and recycling containers.
8. The applicant shall apply for and receive a building permit for the
structure. All applicable Building Code requirements shall be met.
Recommended by the Planning Commission of the City of Oak Park Heights this
11th day of July 2019.
Timothy Freeman, Chair
ATTEST:
Eric A. Johnson, City Administrator
3
Page 111 of 122
ATTACHMENT A
-
Conditional Use Permits
Accessory Structure for Multi-Family Dwelling Replacement
And
Rear Yard Setback
Carol Johnson
6165 Beach Road N.
Washington County Parcel Number:34.030.20.33.0143
Legal Description:
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 and on file and of record in the office of the Register
of Deeds in and for said County and State.
Page 112 of 122
ATTACHMENT B
Conditional Use Permits
Accessory Structure for Multi-Family Dwelling Replacement
And
Rear Yard Setback
Carol Johnson
6165 Beach Road N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County(3507150'from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing& Recommendation:July 11, 2019
Required Approvals: CUP
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)
Page 113 of 122
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 CAROL JOHNSON FOR CONDITIONAL USE
PERMITS TO ALLOW A REPLACEMENT ACCESSORY
STRUCTURE FOR A MULTIPLE FAMILY DWELLING UNIT AT
6165 BEACH ROAD NORTH BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Carol Johnson for
three Conditional Use Permits to allow a replacement accessory structure for a multiple
family dwelling unit at 6165 Beach Road 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-2 Low and Medium Density Residential District
in which multiple family dwellings of four units and less and accessory detached
structures are an allowed conditional use; and
4. The Applicant is requesting a Conditional Use Permit to allow a
replacement accessory structure for a multiple family dwelling unit in the R-2 Low and
Medium Density Residential District,a Conditional Use permit for the rear yard setback
and a Conditional Use Permit for placement of the accessory structure not totally within
the rear yard; and
Page 114 of 122
r €.
5. Section 401.26.E.3 of the Zoning Ordinance requires a Conditional Use
Permit for multiple family structures of not more than four units. There is a four-unit
multiple family structure on the subject site and well as an existing accessory structure.
The Conditional Use Permit will allow replacement of the accessory structure; and
6. Section 401.15.D.3 of the Zoning Ordinance requires an eight-foot setback
to the rear property line. The proposed accessory structure is proposed to be setback 2.4
from the rear property line, consistent with the setback of the existing accessory structure;
and
7. Section 401.15.D.2 of the Zoning Ordinance requires a Conditional Use
Permit for the placement of the accessory structure in any yard other than the rear yard.
The proposed accessory structure will be partially placed in the side yard; and
8. City staff prepared a planning report dated July 2, 2019 reviewing the
request; and
9. Said report recommended approval of the Conditional Use Permits in that
they were in conformance with the criteria for issuance of Conditional Use Permits found
in Section 401.15.D.13, 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 July 11,2019
meeting,took comments from the applicants and public, closed the public hearing,and
recommended the application based upon the odd shape of the lot,that the front yard
abuts Upper 61'Street North resulting in the rear lot line to the north, and the location of
the principal structure on the lot.
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 Carol Johnson for three Conditional Use Permits to
allow a replacement accessory structure for a multiple family dwelling unit at 6165
Beach Road 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
for approval 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
Page 115 of 122
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 Applicant will work with the City Arborist to preserve the ash and
maple trees shown to be removed on the site plan as well at the cedar tree
on the north property line.
7. An enclosure shall be constructed on the east side of the new accessory
structure to enclose all trash and recycling containers.
8. The applicant shall apply for and receive a building permit for the
structure. All applicable Building Code requirements shall be met.
Approved by the City Council of the City of Oak Park Heights this 23'1 day of
July 2019.
Mary McComber,Mayor
ATTEST:
Eric A.Johnson, City Administrator
3
Page 116 of 122
ATTACHMENT A
Conditional Use Permits
Accessory Structure for Multi-Family Dwelling Replacement
And
Rear Yard Setback
Carol Johnson
6165 Beach Road N.
Washington County Parcel Number:34.030.20.33.0143
Legal Description:
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 and on file and of record in the office of the Register
of Deeds in and for said County and State.
Page 117 of 122
ATTACHMENT B
z f
Conditional Use Permits
Accessory Structure for Multi-Family Dwelling Replacement
And
Rear Yard Setback
Carol Johnson
6165 Beach Road N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County(350'/150'from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing&Recommendation:July 11, 2019
Required Approvals: CUP
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)
Page 118 of 122