HomeMy WebLinkAbout2020-05-26 CC Meeting Packet Enclosure0
Oak Park Heights
Request for Council Action
Meeting Date
May 26th, 2020
Time Required:
5 Minutes
Agenda Item Title:
Conditional Use Permit - Replacement of a Garage at 5714 Penrose
Avenue N.
Agenda Placement
New Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester's Signature 40�1—
Action Requested Discussion, Possible Action
Background/Justification (Please 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 5/6/20 as presented to the Planning Commission;
2. Planning Commission Resolution (unsigned)
3. Proposed City Council Resolution.
Page 19 of 104
3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPCTPC@PlanningCo.wm
MEMORANDUM
TO:
FROM:
DATE:
RE:
TPC FILE:
BACKGROUND
Eric Johnson
Scott Richards
May 6, 2020
6-) z
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
Page 20 of 104
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. 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 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
Page 21 of 104
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.
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.
Page 22 of 104
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
Page 23 of 104
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.
5
Page 24 of 104
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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: Sae, G re f - DATE: O L /�Oao
ADDRESS: ") / z. Roller i �V e fv Omh O's
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Page 29 of 104
To: Oak Park Heights Planning Consultant
I will allow my neighbors use of private back alley to access their backyard Garages.
NAME:,,"DATE:"`'
ADDRESS: <1 15 P"Itt"'z- ' l✓i
Page 30 of 104
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 LUCY AND IRWIN TURNER FOR A CONDITIONAL
USE PERMIT TO ALLOW THE REPLACEMENT OF A GARAGE
THAT WILL EXCEED THE 19200 SQUARE FOOT TOTAL
ALLOWANCE FOR ACCESSORY BUILDING FLOOR AREA AT
5714 PENROSE AVENUE NORTH SHOULD BE APPROVED WITH
CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request by Lucy and Irwin
Turner (Applicants) for a Conditional Use Permit to allow the replacement of a garage
that will exceed the 1,200 square foot total allowance for accessory building floor area at
5714 Penrose Avenue; 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 Applicants have 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-1 Single Family Residential District in which
single family dwellings and accessory structures are a permitted use; and
4. The Applicants have removed an accessory building from the property and
propose a new 576 square foot garage in the same location; and
5. There are two garages within the principal structure, a lower level garage
of 441 square feet and an upper garage of 506 square feet for a total of 947 square feet;
and
Page 31 of 104
6. The total proposed floor area of the attached and detached accessory
building will be 1,523 square feet; and
7. Section 401.15.13 of the Zoning Ordinance requires the following: "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"; and
8. The Applicants have applied for a Conditional Use Permit to allow for the
additional garage space over what is allowed under Section 401.15.1) of the Zoning
Ordinance; and
9. City staff prepared a planning report dated May 6, 2020 reviewing the
request; and
10. Said report recommended approval of the Conditional Use Permit in that it
is in conformance with the standards and criteria for issuance of Conditional Use Permits
found in Section 401.15.13, and Section 401.03.A.7 of the Zoning Ordinance. Said
recommendation was subject to the fulfillment of conditions; and
11. The Planning Commission held a public hearing at their May 14, 2020
meeting, took comments from the applicants and public, closed the public hearing, and
made the following recommendation:
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 Lucy and Irwin Turner (Applicants) for a
Conditional Use Permit to allow the replacement of a garage that will exceed the 1,200
square foot total allowance for accessory building floor area at 5714 Penrose Avenue 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 new detached garage, in combination with the existing attached garage space
within the principal dwelling, 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
Page 32 of 104
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. The
south property line shall be verified and marked by a registered land surveyor.
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.
Recommended by the Planning Commission of the City of Oak Park Heights this
14th day of May 2020.
Timothy Freeman, Chair
ATTEST:
Eric A. Johnson, City Administrator
Page 33 of 104
ATTACHMENT A
Conditional Use Permit
For
Lucy & Irwin Turner
To Exceed Allowable Square Footage
For Accessory Structures
Washington County Property Identification Number: 03.029.20.23.0015
& 03.029.20.24.0018
Legal Description: Beach's Addition Lot 5, Block 2 — Part of Lot 5 002 being the S. 5 ft.
thereof Beach's Addition to Oak Park Heights
and Beach's Addition Lot 7, Block 2 — Lot 6 & N. 20 ft. of Lot 9 002 Oak
Park Heights
Physical Address: 5714 Penrose Ave. N.
Page 34 of 104
ATTACHMENT B
f"s
Conditional Use Permit
For
Lucy & Irwin Turner
To Exceed Allowable Square Footage
For Accessory Structures
5714 Penrose Ave. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Public Hearing & Recommendation: May 14, 2020
Required Approvals: CUP Amendment
City Council 415
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 35 of 104
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, NHNNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY LUCY AND IRWIN TURNER FOR A CONDITIONAL
USE PERMIT TO ALLOW THE REPLACEMENT OF A GARAGE
THAT WILL EXCEED THE 19200 SQUARE FOOT TOTAL
ALLOWANCE FOR ACCESSORY BUILDING FLOOR AREA AT
5714 PENROSE AVENUE NORTH BE APPROVED WITH
CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request by Lucy and Irwin
Turner (Applicants) for a Conditional Use Permit to allow the replacement of a garage
that will exceed the 1,200 square foot total allowance for accessory building floor area at
5714 Penrose Avenue; 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
2. The Applicants have submitted an application and supporting
documentation to the Community Development Department consisting of the following
items:
SEE ATTACHMENT B
MITI]
3. The property is zoned R-1 Single Family Residential District in which
single family dwellings and accessory structures are a permitted use; and
4. The Applicants have removed an accessory building from the property and
propose a new 576 square foot garage in the same location; and
Page 36 of 104
5. There are two garages within the principal structure, a lower level garage
of 441 square feet and an upper garage of 506 square feet for a total of 947 square feet;
and
6. The total proposed floor area of the attached and detached accessory
building will be 1,523 square feet; and
7. Section 401.15.D of the Zoning Ordinance requires the following: "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"; and
8. The Applicants have applied for a Conditional Use Permit to allow for the
additional garage space over what is allowed under Section 401.15.1) of the Zoning
Ordinance; and
9. City staff prepared a planning report dated May 6, 2020 reviewing the
request; and
10. Said report recommended approval of the Conditional Use Permit in that it
is in conformance with the standards and criteria for issuance of Conditional Use Permits
found in Section 401.15.13, and Section 401.03.A.7 of the Zoning Ordinance. Said
recommendation was subject to the fulfillment of conditions; and
11. The Planning Commission held a public hearing at their May 14, 2020
meeting, took comments from the applicants and public, closed the public hearing, and
recommended the application with conditions.
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 Lucy and Irwin Turner (Applicants) for a
Conditional Use Permit to allow the replacement of a garage that will exceed the 1,200
square foot total allowance for accessory building floor area at 5714 Penrose Avenue 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
with the following conditions:
1. The new detached garage, in combination with the existing attached garage space
within the principal dwelling, shall not exceed 1,550 square feet.
Page 37 of 104
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. The
south property line shall be verified and marked by a registered land surveyor.
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 perp it for the structure.
Approved by the City Council of the City of Oak Park Heights this 261 day of
May 2020.
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
Page 38 of 104
ATTACHMENT A
Conditional Use Permit
For
Lucy & Irwin Turner
To Exceed Allowable Square Footage
For Accessory Structures
Washington County Property Identification Number: 03.029.20.23.0015
& 03.029.20.24.0018
Legal Description: Beach's Addition Lot 5, Block 2 — Part of Lot 5 002 being the S. 5 ft.
thereof Beach's Addition to Oak Park Heights
and Beach's Addition Lot 7, Block 2 — Lot 6 & N. 20 ft. of Lot 9 002 Oak
Park Heights
Physical Address: 5714 Penrose Ave. N.
Page 39 of 104
ATTACHMENT B
Conditional Use Permit
For
Lucy & Irwin Turner
To Exceed Allowable Square Footage
For Accessory Structures
5714 Penrose Ave. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Public Hearing & Recommendation: May 14, 2020
Required Approvals: CUP Amendment
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 40 of 104