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HomeMy WebLinkAbout2020-07-28 CC Packet Enclosure Oak Park Heights Request for Council Action Meeting Date July 28th, 2020 Time Required: 5 Minutes Agenda Item Title: Conditional Use Permit— 15242 64th Street—Front Yard Setback Reduction Agenda Placement New Business Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature /;10/4—.. 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 7/16/20 as presented to the Planning Commission; 2. Planning Commission Resolution(unsigned) 3. Proposed City Council Resolution. Page 37 of 114 TPC3601 Thurston Avenue N, Suite 100 ��� � � Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@PlanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: July 16, 2020 RE: Oak Park Heights - Conditional Use Permit-- New Attached Garage and House Addition, Front Yard Setback at 15242 64th Street North TPC FILE: 236.02—20.05 BACKGROUND Rick Nelson has made an application for a Conditional Use Permit to allow construction of an attached garage and house addition at 15242 64th Street North. The Conditional Use Permit is required to vary from the front yard setback standards. An existing garage on the property will be removed and replaced with a garage and upper living space that will be attached to the house. The property is zoned R-2 Low and Medium Density Residential District. Single-family and two-family dwellings and their accessory structures are permitted uses In that District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Air Photo of Property Exhibit 3: Certificate of Survey Exhibit 4: Site Plan (A1) Exhibit 5: First Floor Plan (A2) Exhibit 6: Second Floor Plan (A3) Exhibit 7: Building Section (A4) Exhibit 8: South and West Exterior Elevations (A5) Exhibit 9: North and East Exterior Elevations(A6) Exhibit 10: Site Pictures Page 38 of 114 PROJECT DESCRIPTION The project description and justification for the Conditional Use Permit from Rick Nelson is as follows: We would like to build a garage that we can actually use. Our current garage and driveway are too small for any of our vehicles to fit into. We want to build a garage that can fit our vehicles into and be a useable space. Due to city ordinance there is no on street parking overnight in the winter. Our driveway is too small for our three vehicles. We have the lot room to build a garage and connect it to our house. Our family is growing, and the additional space is what we need. The link between the garage and house will be our new front entry and mud room. The two-bedroom ADU/Apartment above the garage will be for guests and or visiting family members. We do have a few older family members that my wife would like to be able to move into the space if needed, if they need assisted living. ISSUES ANALYSIS Comprehensive Plan The property is designated as Low Density Residential in the Comprehensive Land Use Map. The request for the house addition 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. Single-family and two-family dwellings and their accessory structures are permitted uses in that District. The existing garage will be removed, and a 1,200 square foot garage will be attached to the house. The garage will be two story with a living unit above for use by family. If the unit is rented, it will need to comply with all zoning requirements for a two-family unit. The only access to the new upper unit is from the outside of the house, at the rear of the structure. The front yard setback requirement for the R-2 District is 30 feet. The existing dwelling was constructed at 6.2 feet from the right of way of 64th Street. The garage and addition to the house is proposed at 22.7 feet from the right of way line. As per section 401.15.A.10 of the Zoning Ordinance, if the garage and addition had been proposed at 30 feet, an administrative approval could have been granted. In that the addition is proposed at less than the 30-foot setback, a Conditional Use Permit is required as per Section 401.15.1.e.5). The request is being made in that based upon the original structure and where the addition and garage are being placed, the plan provides the best interior design layout for the house and garage connection. 2 Page 39 of 114 All other setback requirements are complied with. The criteria for reviewing the Conditional Use Permit request is reviewed later in this report. Subdivision/Lot Combination The Applicant has requested a lot combination in that the existing garage is located on a separate property. The Zoning Ordinance requires the properties to be combined in that the garage will be placed over the existing property line. These properties can be administratively combined by the City. All utility and drainage easements required by the City will be provided. The lot combination approval will need to be filed with Washington County. Drainage/Utilities The City Engineer has reviewed the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. The drainage easements as required by the Subdivision Ordinance shall be dedicated. Conditional Use Permits Application for a setback Conditional Use Permit shall be regulated by Section 401.15.1.e.5). of the Zoning Ordinance. A Conditional Use Permit may be granted provided that: 5) A required yard on a lot may be reduced by a conditional use permit if the following conditions are met: a) 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 original house was constructed prior to the requirement for a 30- foot front yard setback. The garage and addition had been designed to integrate the interior flow of the house. A request such as this is not common in the City and should not set a precedence. b) Property line drainage and utility easements as required by the City's Subdivision Ordinance are provided and no building will occur upon this reserved space. Comment: The City shall require the dedication of drainage and utility easements. c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. Comment: Moving the garage and addition will preserve more useable back yard space. 3 Page 40 of 114 d) If affecting a north lot fine, the reduction will not restrict sun access from the abutting lots. Comment: The structure should not impact sun access for abutting lots. e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 401.15.B.6 of this Ordinance. Comment: The addition will not impact traffic visibility (Section 401.15.8.6) and will not create any public safety concerns. 0 The conditions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 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 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 Permit proposed for the site. The placement of the original home and need to make a reasonable addition to the 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 Permit for construction of an attached garage and house addition at 15242 64th Street North, City Staff would recommend the garage construction 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. 4 Page 41 of 114 2. All required utility and drainage easements will be provided with documentation to the City. The lot combination approval will need to be filed with Washington County. 3. If the unit is rented to non-family, it will need to comply with all Zoning Ordinance requirements for a two-family unit. 4. Any exterior mechanical equipment associated with the garage and addition shall be screened. 5. The exterior of the proposed garage and addition shall be finished with siding 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 42 of 114 Rick Nelson 15242 64th Street North Oak Park Heights Mn 55082 We Would like to build a garage that we can actually use.Our Current garage and driveway are too small for any of our vehicles to fit into.We want to build a garage that can fit our vehicles into and be a useable space. Due to city ordinance there is no on street parking overnight in the winter.Our drive way is to small for our three vehicles.We have the lot room to build a garage and connect it to our house. Our family is growing and the additional space is what we need.The link between the garage and house will be our new front entry and mud room.The two-bedroom ADU/Apartment above the garage will be for guests and or visiting family members.We do have a few older family members that my wife would like to be able to move into the space if needed, if they need assisted living. 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' - '* \-4:: . �,. -- --.','.-'s•,,..,,42.4,.,„;,,..0'--.-- _, �--.- of 114 �` Tom! .�i� 3 y 7 }- a. # , ie t T 3 Xi 4 t v.. -. Z. f 7 1: per ��. 111} N. . k'-- ./- ". i r *''.. , ' . .. `� .�� - # anti �t ,� �:n . .- ' ., " � ' • , ---- A.-!_-:;:--4.-r-i.-'.- if,_4- '4.44,;.';',,:i,----7t, .� : " ,� `"�a."> So.�yjr: i• ,y*a', -,,,--,1‘,!.; y� e3 .f ,r� T...13.--:-',,,.4'-'7:-.4. � "� 3 i ''-' i' 'IL-,4,''',,t st," 1.,..;?t,.-7.!,-,„)**,-,t„,:-4,tt„,-":.„, , . ,,,I. ,':,:',fr,. :::"!:11;17i. i �, . � a : . p ' ti •-#'7',7,,,..-....., , • it's w r- = 4 t' , rte#. '.. �' r• •' 'age • o • ATTACHMENT A Conditional Use Permit Front Yard Setback Reduction Rick & Tianna Nelson 15242 64th St. N. Washington County Parcel ID Number: 34.030.20.32.0001 Legal Description: Lot 1 thru 3, Block 1, McKenty's Addition to Stillwater Page 55 of 114 ATTACHMENT B Conditional Use Permit Front Yard Setback Reduction Rick & Tianna Nelson 15242 64th St. 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 23, 2020 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 56 of 114 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 RICK NELSON FOR A FRONT YARD SETBACK CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF AN ATTACHED GARAGE AND HOUSE AT 15242 64TH STREET NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request by Rick Nelson (Applicant) for a front yard setback Conditional Use Permit to allow construction of an attached garage and house at 15242 64th Street 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 single family and two-family dwellings and accessory structures are a permitted use; and 4. Section 401.15.C.1.d of the Zoning Ordinance requires a 30-foot front yard setback, 10-foot side yard setback and 30-foot year yard setback in the R-2 Single Family Residential District; and 5. The Applicant proposes to remove the existing garage, add a 1,200 square foot garage and house addition, as well as a living unit in the second story for use by family members; and Page 57 of 114 6. The existing house is set back 6.2 feet from the right of way of 64th Street and is a legal nonconforming structure. The Applicant has proposed that the garage will be 22.7 feet from the right of way of 64th Street. Section 401.15.A.10 of the Zoning Ordinance states that if the garage and addition had been proposed at 30 feet, an administrative approval could be granted but in that the addition is proposed at less than the 30 foot setback, a Conditional Use Permit is required; and 7. Section 401.15.C.1.e.5 of the Zoning Ordinance allows for a required yard on a lot to be reduced by a Conditional Use Permit if conditions are met; and 8. City staff prepared a planning report dated July 16, 2020 reviewing the request; and 9. Said report recommended approval of the Conditional Use Permit in that it was in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.C.1.e.5, 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 23,2020 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 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. All required utility and drainage easements will be provided with documentation to the City. The lot combination approval will need to be filed with Washington County. 3. If the unit is rented to non-family, it will need to comply with all Zoning Ordinance requirements for a two-family unit. 4. Any exterior mechanical equipment associated with the garage and addition shall be screened. Page 58 of 114 5. The exterior of the proposed garage and addition shall be finished with siding 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. Recommended by the Planning Commission of the City of Oak Park Heights this 23rd day of July 2020. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator Page 59 of 114 ATTACHMENT A Conditional Use Permit Front Yard Setback Reduction Rick & Tianna Nelson 15242 64th St. N. Washington County Parcel ID Number: 34.030.20.32.0001 Legal Description: Lot 1 thru 3, Block 1, McKenty's Addition to Stillwater Page 60 of 114 ATTACHMENT B Conditional Use Permit Front Yard Setback Reduction Rick & Tianna Nelson 15242 64th St. 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 23, 2020 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 61 of 114 THIS PAGE INTENTIONALLY LEFT BLANK r _5&\\ Page 62 of 114