HomeMy WebLinkAbout2020-05-06 TPC Planning MemorandumTPC3601 Thurston Avenue N. Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@DP1annin9Co.com
MEMORANDUM
TO:
FROM:
DATE:
RE:
TPC FILE:
BACKGROUND
Eric Johnson
Scott Richards
May 6, 2020
Oak Park Heights — Request for a Conditional Use Permit for
Replacement of a Garage at 5714 Penrose Avenue North
236.06 — 20.01
Lucy and Irwin Turner have made an application for a Conditional Use Permit to allow
for the replacement of a garage at 5714 Penrose Avenue. The Applicants have
requested the Conditional Use Permit in that the square footage of the new garage, in
combination with the existing garage space, will exceed the allowance for accessory
buildings.
The property is zoned R-1 Single Family Residential District.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Aerial Photo of Site
Exhibit 2: Site Plan with Proposed Garage
Exhibit 3: Garage Elevations
Exhibit 4: Storm Drainage Picture
Exhibit 5: Rear Yard Access to Alley Allowance — 5703 and 5715 Peller Avenue
PROJECT DESCRIPTION
The applicants have submitted the following narrative:
I am submitting this application for a building permit of a garage to be built on our land
at 5714 Penrose Avenue North, Oak Park Heights, MN. The garage will be built in our
back yard, it will be 24 feet by 24 feet, there will be no windows only a double car
garage door and a service door on the north side of the house. The building will match
the house with the same color, style of siding and two -foot eves as the house. We
already have a back garage attached to the house so will not need another driveway.
ISSUES ANALYSIS
Comprehensive Plan:
The property is designated as low density residential in the Comprehensive Land Use
Map. The request for the garage is consistent with the Comprehensive Plan policies
related to low density land use.
Zoning:
The property is zoned R-1 Single Family Residential District. The accessory building
requirements in Section 401.15. D of the Zoning Ordinance require that "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 approval of a Conditional Use Permit." The garage area that exists as part of
the principal structure is 947 square feet. The new detached garage will be 576 square
feet for a total of 1,523 square feet.
A review of the criteria for accessory buildings is as follows:
401.15.D. Accessory Buildings Uses and Equipment.
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 principal building will be approximately 23 feet from the
proposed garage.
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: The proposed garage will be placed in the rear yard.
3. HeighUSetbacks. 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 structure on the same lot. Accessory buildings may be closer
than six (6) feet to other buildings 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: The proposed garage will be compliant with the height and
setback requirements. The garage is proposed at 10 feet from the
side property line. The Applicant shall provide a survey or boundary line
marked by a registered surveyor indicating the location of the side yard
prior to obtaining a building permit.
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 shall occupy approximately 11 percent of the rear
yard.
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: There will be only one detached structure on the property.
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: As indicated the proposed garage and the existing garage
space as part of the principal structure will occupy 1,523 square feet,
requiring a Conditional Use Permit.
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: The existing garage will be torn down and the new garage will
be built in its place. There are no other accessory buildings on the
property.
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: Not applicable unless proposed as part of the new garage.
10. Compatibility. The same or similar quality exterior material shall be used
in the accessory building and in the principal building except as allowed as
a temporary structure in Section 401.15.D.11 of this Ordinance. 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 Applicants have indicated that the design and building
materials of the proposed garage will match the existing house.
Conditional Use Permit Criteria:
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. There should be no
negative neighborhood issues with this request. Most of the garage area is within the
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principal structure. The proposed detached garage is a normal sized two stall garage.
City Staff does not see any issues with the request.
Drainage:
The Applicants shall provide a drainage plan for the garage including proposed floor
elevation of the new structure, elevation of the existing drainage grate and drainage
patterns. 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.
Access to Alley:
The current garage and proposed garage are accessed from a rear alley adjacent to the
property. This is not public right of way and it appears as though the access is through
the rear of the neighbor's property. The City cannot guarantee this access to the
Applicants. Statements from the adjacent property owners at 5703 and 5715 Peller
Avenue have been provided allowing access.
CONCLUSION/RECOMMENDATION
Upon review of the request for the Conditional Use Permit to allow for the replacement
of a garage at 5714 Penrose Avenue, our office would recommend the garage
construction with the following conditions:
1. The existing garage shall be removed, and the new garage shall not exceed
1,550 square feet.
2. The Applicants shall provide a drainage plan for the garage including proposed
floor elevation of the new structure, elevation of the existing drainage grate, and
drainage patterns. 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.
3. All setback requirements of the Zoning Ordinance shall be complied with.
4. Any exterior mechanical equipment associated with the garage shall be
screened.
5. The exterior of the proposed garage shall be finished with siding and painted to
match the current home exterior.
6. The applicant shall apply for and receive a building permit for the structure.
7. Any other conditions of the Planning Commission, City Council and City Staff.
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To: Oak Park Heights Planning Consultant
I will allow my neighbors use of private back alley to access their backyard Garages.
NAME: 3/ -PP, G,re I
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To: Oak Park Heights Planning Consultant
I will allow my neighbors use of private back alley to access their backyard Garages.
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