HomeMy WebLinkAbout2020-05-14 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 LUCY AND IRWIN TURNER 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 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
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.D 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.D, 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
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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 Fre: ., , C
/AT nson, City Administrator
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ATTACHMENT A
4411)
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.
ATTACHMENT B
VIP
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)