HomeMy WebLinkAbout2019-09-06 OPH Document Recording Request to CA Julie Hultman
From: Julie Hultman
Sent: Friday,September 6,2019 12:04 PM
To: Kevin Sandstrom
Cc: Eric Johnson
Subject: Carol Johnson CUP-Recording Request
Attachments: SKMBT C55419090610530.pdf
Hi Kevin,
Attached is the CUP for Carol Johnson's garage project. Kindly record at your earliest convenience.
Thanks,
Julie
From:bizhubC554@cityofoakparkheights.com<bizhubC554@cityofoakparkheights.com>
Sent:Friday,September 6,2019 11:56 AM
To:Julie Hultman<jhultman@cityofoakparkheights.com>
Subject:Message from KMBT_C554
1
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
Accessory Structure for a Multiple Family Dwelling
At
6165 Beach Road, N.
(Carol Johnson, Owner/Applicant)
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 document within the files of the City of Oak Park
Heights.
WITNESS my hand and the seal of the City of Oak Park :i t :, this 6th day of
September, 2019.
•
irrit .�itson
Ci y As inistrator
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT FOR
ACCESSORY STRUCTURE FOR A MULTIPLE FAMILY
DWELLING AT 6165 BEACH ROAD NORTH
Planners File No.236.02-19.07 Date Issued:July 23,2019
Legal Description: (Washington County Geo.Code:34.030.20.33.0143)
SEE ATTACHED EXHIBIT A
Owner:Carol D.Johnson,6165 Beach Road North
Oak Park Heights,MN 55082
Applicant:same
Site Address:6165 Beach Road North,Oak Park Heights
Present Zoning District:R-2,Low and Medium Density Residential
Conditional use required as set forth in Ordinance Chapter 401 Section 401.15.D;401.26.E.3
I. CONDITIONAL USE PERMITS: The property has a four-unit residential dwelling structure.
The City of Oak Park Heights received a request for a Conditional Use Permit from Carol
Johnson to build a replacement garage accessory structure. An existing garage of 468 square feet
will be replaced with a new 768 square foot accessory detached garage structure. Due to the
unique shape and layout of the lot and existing structures,the accessory garage will not be totally
within the rear yard,as it will extend in front of the principle structure. The accessory structure
will comply with side yard setbacks,but is proposed to be placed at 2.4 feet from the rear lot
line,whereas an 8-foot rear line setback is required. The CUP is required to allow a replacement
accessory structure for a multiple family dwelling unit,for the rear yard setback variance,and for
placement of the accessory structure not entirely in the rear yard.
The Planning Commission held a public hearing,reviewed the application,and recommended
approval on July 11,2019. The City Council reviewed the matter at its meeting on July 23,
2019.
The justification for the reduced setback and partial placement in the front yard, which the
Council found compelling,is that the lot is an odd shape,that the front yard abuts Upper 61'
Street North,resulting in a rear lot line to the north,and the location of the existing principal
structure on the lot leaving no other available area for building an accessory structure in
compliance with the zoning code requirements without a CUP variance to the requirements. The
1
City Council determined to grant the permits requested subject to the terms expressed below.
The City approves the requested conditional use, subject to the following conditions and restrictions imposed by the
July 23, 2019 Resolution of the City Council of the City of Oak Park Heights as follows:
1 . The City Engineer shall review the drainage for the site. The final grading for the proposed
structure shall be subject to review by and approval of the City Engineer.
2. Any exterior mechanical equipment associated with the accessory structure shall be screened.
3. The exterior of the accessory structure shall be finished with siding and in a color to match the
current principal building exterior.
4. The upper level of the accessory structure shall be used for storage and not for habitable space.
5. The height of the accessory structure 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 accessory structure. All
applicable Building Code requirements shall be met.
II. Reference Attachment:
The report of the City Planner dated July 2, 2019 and Owner's site plan approved by the City Council are
annexed hereto as "Exhibit B" by reference.
III. Abandonment: This permit requires continuous use in order to preserve the Conditional Uses 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.
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
CITY OF OAK P HEIGHTS
Date: `'/ --; 7 — / �. c, �._..—
� By ��
/ A • Mc • ber, Mayor
Date: By 401,77
c son, City Administrator
2
Carol D.Johnson,Owner
Date: o`n- 1 By Isi6 W.th-, CCA--
Carol D.Johnson
3
EXHIBIT "A"
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 ON
FILE AND OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS IN AND FOR SAID COUNTY
AND STATE; EXCEPT PARCEL 6 OF WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO
177-CSAH 23,RECORDED AS DOC.NO.4054395,WASH. CO. RECORDS.
4
EXHIBIT "B"
PLANNERS REPORT AND SITE PLAN
5
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Fcttimile: 7e3b417,06,20
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TPCOPIenningCc.own
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 466
square feet which will be removed. The proposed garage will be placed in the same
location and vAll 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 010 Street North
Exhibit 7: View from East of Existing Garage
Exhibit 8: On Site Parking Plan — June 21, 2019
Exhibit 0: 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 4pliex 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 packed, uneven end some loose chunks are
coming up. In addflIon,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 lirrdted.
The location of the proposed garage simply expands the footprint of the existing garage
6 feet to the west and 6 feat 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 Y
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 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 81sT
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 81st 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
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 401.16.,).13 of
this Ordinance.
Comment A Conditional Use Permit has been requested to allow the garage
sure partially In the side yard. 9
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 ftp. Accessory buildings shall not exceed twenty (20) feet in
height or exceed the height of the principal stricture on the
buildings shall be five (5) feet or more from side lot linlotAccessory
rear lot line and shall be six (6) feet or more tram e"e' eight {8} feet from the
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 condltlonal 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 g 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
pmt according to the provisions of Section 401.03 and Section 401.151113 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, al, Industrial, public or Institutional building except b '
approval of a conditional use
permit according to the provisions of Sedion
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
2 a two
on the lot so that at least' located
be located on said lot.
� ) car garage, either attached or detached, can
Comment: Only one detached structure is proposed for this lot,
4
Page 89 of 122
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 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 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 essodated with the garage will
need to be screened.
10.Compatibility. The same or similar qualify exterior materiel 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
activfdes are conducted on the properly.
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 seta 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
2r f. 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.
291 Accessory buildings or detached garages or combination thereof within a
residential district shall not occupy more than twenty-!flue (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. Reiationship to the specific policies and provisions of the municipal comprehensive plan.
2. The conformity with present and future lend uses M 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.
8 The demonstrated need for such use.
7. Traffic generation by the use in relation to capabfities of streets serving the property.
B. The Impact upon existing public services end facilities including parks, schools, streets,
and utilities, and the Cny's service capacity.
9. The proposed use's conformity with all performance standards contained herein (Le.,
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
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.
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
Page 93 of 122
CAROL D. JOHNSON
P.O.BOX 551
Stillwater,MN 55082
Phone:(651)439-9260
csrold55082 l 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-pier address
in Oak Park Heights,Washington County,Minnesota.
1.A new garage is needed at my residential 4-pier because the existing garage is
approxhnately 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-pler 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 oufficient to meet the necessary storage
requirements of the property.Storage space in the main 4-piear structure itself is
very limited.
The location of the proposed new garage simply a il: the footprint ads est
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 login
since at least the early 1970s.
Attacked are picture*of the subject yard marked up to highlight the proposed
locations of the cornets of ;e new garage.The blue reflector marker is the
approrbnate location of tie southwest comer of the new garage The other comers
are marked with an
Page 94 of 122
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$1000 escrow account requested for
this application.
S.I will initial the first page of the original application submitted to City Hall as
soon as possible.
If any additional information is needed to complete my application,please advise.
Thank you for your consideration of my application.
Sincerely,
416
Carol D.Johnson
Enclosures(3)
Page 95 of 122
Notes: CERTIFICATE OF SURVEY 1gae
• Searing aortae it an a xnaioatee monument
aaeu aetun. mieinetivi,srriac
•lt.• Indicates measured value. fxi*At ,mfe.ism o .ieten te as.mOtaa.. '
o is shown f13.7:'/.i : Net.
Cnder�onrR or avaz$ead, public or ar0epllgms Offsets shown fo-existing at:ootarae
private utilities, as or adjacent the LB1Uua axe are henflnked to the outside bldp,. wall
parcel, were not located in conjuration 4 lines u8laee noted otheivsaa.
• k thin
iite fey,uunless.shown otherwise. The azitting-garage ant abed,, as•shove.,
ecorded value. Bre propbled to be replaced.
• YIWDk, Carol Johnson, 6165 Beach Road, Ott Park nti9tte, »' 5500
Bk nuppliaei, (per boo. No. 5670112, Yash. Co. Bemordtl
a ;cloven 111) Twelve (121 and Thirteen (197' .asolpt the Northerl�yr sayentear apid -rt,.
$� bm�nrdtha (17.75) feet of nein bo£Thirteen (13). all in sleet *llata,Be
fill., Eifelt'a-Addcti n to Oak Park,
d
in the °nice of the 1lrgiiter of Deeds and ox, !aid CoUtorfba plat Y anti Stith..hereof file a of redoi
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EtiPtsrlrt.t.ekti.k:otarrt Mama includes the weitarly 1/2 of the vtotted.Alley:,,• an noted.
Percel does not include Parne1 6 nt With. C8. BW¢;, 11W Plat'Bo. 177,
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CAROL D. JOHNSON
6165 Beach Road North,#4
Oak Park Heights,MN 55082
(651)439-9260(Home)
(651)253-2878(Cell)
e-mail:carold55082*AOL.com
September 4,2019
Ms.Julie Hultman
Planning&Code Enforcement
City of Oak Park Heights,MN
(651)351-1661/(651)439-0574
email address:jhultmaniicityofoakparkheights.com
Re:Garage(.6165 Beach Road North,OPH
Letters/emails to Carol Johnson dated September 3 and 4,2019
Dear Julie:
This letter is in response to the above-referenced letters/emails from you to me
dated September 3 and September 4,2019.
It is my plan,as previously discussed at various past meetings with the Oak Park
Heights City officials,to comply fully with the City Ordinance and Conditional Use
Permit approval conditions regarding the new garage such that the height of the
main 4plex apartment/residence building roof will be modified to match the height
of the new garage by December 31,2020.
Thank you for your assistance and attention to this matter.
Sincerely,
Carol D.Johnson,Owner