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HomeMy WebLinkAbout2019-07-11 PC Recommending Resolution 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 fally 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 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 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 l Ph day of July 2019. y Timothy Fre . Cha' ATT :T: , ' 1611 . (_,,2„,,,,..---- /l / � i "o son, Ci C ty Administrator 3 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. 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(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)