HomeMy WebLinkAbout2020-09-10 Planning Commission Meeting PacketCITE' OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING AGENDA
Thursday, September 10, 2020
6:00 P.M.
I. Call to Order/Pledge of Allegiance
II. Approval of Agenda
III. Approve August 13, 2020 Planning Commission Meeting Minutes (1)
IV. Department / Commission Liaison / Other Reports
V. Visitors/Public Comment
This is an opportunityfor the public to address the Commission with questions or concerns on or not
upon the agenda. Please limit comments to three minutes.
VI. Public Hearings
A. Carol Johnson CUP Amendment: Review and consider application from Carol
Johnson for a Conditional Use Permit Amendment to July 23, 2019
Conditional Use Permit to allow the newly constructed garage to exceed the
height of the principal structure at 6165 Beach Rd. N. (2)
VII. New Business
VIII. Old Business
IX. Informational
A.
Upcoming Meetings:
•
Tuesday, September 22, 2020
City Council
6:00 p.m./City Hall
•
Thursday, October S, 2020
Planning Commission
6:00 p.m./City Hall
•
Tuesday, October 13, 2020
City Council
6:00 p.m./City Hall
•
Tuesday, October 27, 2020
City Council
6:00 p.m./City Hall
•
Tuesday, November 10, 2020
City Council
6:00 p.m./City Hall
•
Thursday, November 12, 2020
Planning Commission
6:00 p.m./City Hall
•
Tuesday, November 24, 2020
City Council
6:00 p.m./City Hall
B.
Council Representative
•
Tuesday, September 22, 2020 —
Commissioner Van Denburgh
•
Tuesday, October 27, 2020 — Commissioner — White
•
Tuesday, November 24, 2020 -- Commissioner Freeman
X. Adjourn.
&claw" 9,
CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING MINUTES
Thursday, August 13, 2020 — Oak Park Heights City Hall
I. Call to Order/Pledge of Allegiance:
Chair Freeman called the meeting to order @ 6:00 p.m.
Present: Commissioners Van Denburgh, VanDyke and White; City Administrator Johnson,
City Planner Richards, and City Councilmember Liaison Representative Liljegren.
II. Approval of Agenda:
Commissioner VanDenburgh, seconded by Commissioner White, moved to approve the
Agenda as presented. Carried 4-0.
III. Approval of July 23, 2020 Meeting Minutes:
Commissioner White, seconded by Commissioner VanDyke, moved to approve the Minutes
as presented. Carried 4- 0.
IV. Department/Commission Liaison / Other Reports:
City Councilmember Representative Liljegren updated the Commission as to recent
meetings, including interviews of Police Chief candidates to fill the position when Chief of
Police DeRosier retires at the year end.
City Administrator Johnson noted that the first meeting of the Allen S. King Plant
Decommissioning & Reuse Advisory Panel was coming up.
V. Visitors/Public Continent: None.
VI. Public Hearings:
A. Minnehaha Prouerties LLC: Review and consider application from Minnehaha
Properties LLC for a Conditional Use Permit to allow outside school bus storage and
maintenance at 5280-5288 Stagecoach Trail N.
City Planner Richards reviewed the August 6, 2020 Planning Report to the request
seeking a Conditional Use Permit to allow outside school bus storage and maintenance.
Richards provided an issue analysis and discussed the same.
Brief Commission discussion ensued as to parking adequacy, no parking upon
Stagecoach Trail and whether or not the use was being planned for and ongoing or a
temporary capacity.
Chair Freeman invited the Applicant to speak.
Planning Commission Minutes
August 13, 2020
Page 2 of 4
Idiris Mohamud introduced lumselt as the applicant and owner of Minnehaha
Properties. Mr. Mohamud noted some of the improvements that have been undertaken
at the site to the trees and light shielding and described the general plan of use proposed
for the site. He indicated that he had no issues with the conditions of the planning
report.
Pete Mikhail of LeVander, Gillen & Miller, P.A. introduced himself, as Council for
ISD #834, and others in the audience from and on behalf of the school district and made
himself and them available for questions.
Chair Freeman opened the public hearing at 6:23 p.m. and invited comment to the
public hearing. There being none, Commissioner VanDenburgh, seconded by
Commissioner VanDyke, moved to close the public hearing. Carried 4-0.
Discussion ensued as to the berm and tree screening, fueling plan and intention of use
being long term or short term.
Amy Monicken, MTN Transportation Sr. Contract Manager discussed the fueling and
above -ground tank placement plan. She noted that the plan is to have a 2,500 -gallon
fuel truck that stays on site, in the area where the former fuel tanks were and that they
plan to have two fuel tanks placed to the secure area where the former tanks were
placed. The pumps from the previous operation are still on site but are not functional.
The former tanks were also removed. She responded to questions regarding potential
fuel spill mitigation with the proposed fueling plan.
Pete Mickhail addressed the question of intended length of use at the site, noting that
the school district has significant investment at the Lake Elmo site and touch on the
status of activity that led to the site not being utilized and that the plan is stay as long as
needed to operate, while getting the Lake Elmo site approved for operation. They
currently have a one-year least with option for three additional one-year lease renewals.
City Planner Richards clarified that public notification of the hearing was mailed to all
property owners within a 500 -foot radius of the location. It was also clarified that ISD
#834 would be the sole renter of the entire site, giving them a larger area to operate than
the former bus garage operation had.
Commissioner White, seconded by Commissioner VanDyke, moved to recommend
City Council approval of the request, subject to the conditions of the August 6, 2020
Planning Report, specifically, that:
1. The number of buses allowed to be on site shall not exceed 100. No trucks or
semi -trailers shall be parked on site.
2. All employees dispensing fuel shall receive training for proper fueling
techniques, including emergency spill operations.
3. The Applicant shall submit a Stormwater Pollution Prevention Plan and
Notification for Above Ground Storage Tanks to the MPCA.
Planning Commission Minutes
August 13, 2020
Page 3 of 4
4. The Applicant shall submit a Spill Prevention and Control Countermeasure Plan
to the EPA and to the City, if required.
5. The Applicant shall receive and retain a Hazardous Waste Generators License
from Washington County for the maintenance operation.
6. The Applicant shall comply with all Building Code requirements for the fuel
tanks and installation of a paint booth. A Building Permit shall be required from
the City for the fuel tank and the paint booth installation.
7. Block heaters and heater plugs shall be installed on all buses operated out of the
facility at 5280 and 5288 Stagecoach Trail before commencement of operations.
8. An operations plan shall be developed and enforced, subject to the review
and approval of City Staff, requiring all buses shall be backed into their
respective parking spaces at the end of the day's operation.
9. A rapid entry lock box shall be installed at the entrance gate to provide
police, fire and emergency service access.
10. Any changes to the grading, drainage and utilities shall be subject to the
review and approval of the City Engineer.
11. All lighting fixtures shall be full cut off and provided with shields in
compliance with the lighting standards of the Zoning Ordinance.
12. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting.
13. The City Arborist should comment if there are any tree maintenance issues or
if additional trees should be added for screening and the Applicant shall take
appropriate corrective measures.
14. Signage shall be subject to review and approval of City Staff for
conformance with Zoning Ordinance standards.
15. All noise generated from the business shall be compliant with Section
401.15.B.11 of the Zoning Ordinance. No vehicle repair shall be conducted
outside. The service doors to the building shall be closed at all times, except
when vehicles are moved in and out of the service bays.
16. Mechanical equipment that is located on the roof or visible from street level
or from neighboring properties shall be screened with materials that blend
harmoniously with the building fagade materials and in accordance with
Section 401.15.E.10.e of the Zoning Ordinance.
17. There shall be no outside storage, including trash, recycling, tires and vehicle
parts unless enclosed with a screen.
Planning Commission Minutes
August 13, 2020
Page 4 of 4
18. Hours of operation shall be limited to 5:30 AM to 7:00 PM Monday through
Friday and from 7:00 AM to 6:00 PM Saturday and Sunday.
19. No vehicle parking shall be allowed on Stagecoach Trail.
20. Emergency vehicle access and business operations related to fuel dispensing
shall be subject to review of the Police Chief and the Fire Marshal.
21. All Conditional Use Permits previously issued by the City of Oak Park
Heights for 5280 and 5288 Stagecoach Trail North shall be deemed revoked
and cancelled as part of an in consideration of the grant of this new
Conditional Use Permit.
Carried 4- 0.
VII. New Business: None.
VIII. Old Business: None.
IX. Informational:
A. U-pcoming Meetings:
• Tuesday, August 25, 2020
• Tuesday, September 8, 2020
• Thursday, September 10, 2020
• Tuesday, September 22, 2020
• Thursday, October 8, 2020
• Tuesday, October 13, 2020
• Tuesday, October 27, 2020
City Council
City Council
Planning Commission
City Council
Planning Commission
City Council
City Council
B. Council Representative
• Tuesday, August 25 — Commissioner VanDyke
6:00 p.m./City Hall
6:00 p.m./City Hall
6:00 p.m./City Hall
6:00 p.m./City Hall
6:00 p.m./City Hall
6:00 p.m./City Hall
6:00 p.m./City Hall
• Tuesday, September 22, 2020 — Commissioner Van Denburgh
• Tuesday, October 27, 2020 — Commissioner — White
X. AAd'o_urn:
Commissioner VanDyke, seconded by Commissioner White, moved to adjourn at 6:40 p.m.
Carried 4-0.
Respectfully submitted,
Julie Hultman
Planning & Code Enforcement
Approved by the Planning Commission:
e►. z
TPC3801 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone. 763.231.5840
Facsimile, 783.427.0520
TPC§P1annlngCo.00m
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: September 2, 2020
RE: Oak Park Heights — Amended Conditional Use Permit for Principal
Building Height — 6165 Beach Road Street North
TPC FILE: 236.02 —19.07
BACKGROUND
Carol Johnson has made an application for an Amended Conditional Use Permit (CUP)
to the approvals granted July 23, 2019 at 6165 Beach Road North. The approvals in
2019 allowed 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. The Amended Conditional Use Permit
has been requested to allow a change to the conditions of the 2019 approvals related to
the height of the principal structure.
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 —August 11, 2020
Exhibit 2:
Exhibit A to August 11, 2020 Letter
Exhibit 3:
Site Plan (Aerial Photo)
Exhibit 4:
Resolution 19-07-32 — July 23, 2019
Exhibit 5:
Site Pictures — (5 pages)
PROJECT DESCRIPTION
The project description and justification for the Amended CUP from Carol Johnson is as
follows:
This letter is submitted for consideration by the City of Oak Park Heights in support of
my application for an amendment to a Conditional Use Permit (CUP) issued for
construction of a new garage which has now been built on the above referenced
property.
1 am asking the City to waive one (1) requirement of the CUP: "5. The height of the
accessory structure shall not exceed the height of the principal structure."
The principal structure is a multifamily residential building (hereafter referred to as "the
4 Alex') Several current pictures of the buildings are attached to this letter for reference.
Some of the reasons 1 am requesting a waiver are the following:
I. Putting a new pitched roof on the 4 Alex building would place enormous stress on
the existing structure which was constructed in the 1960's when the upper and lower
floors of a two story home were separated and moved to the current location. They
were then joined together side by side to create the existing 4 Alex. In 1979, the two
halves separated where they had been joined at the ceiling resulting in extensive water
damage to the entire building believed due to the stresses caused by the settling of the
soil under the building. We also still have some visible cracks in the walls and ceilings
resulting from the construction activity on the Hwy. 36/St. Croix River Bridge and also
from the City water and sewer system construction projects.
2. The appearance of the property is esthetically pleasing as is. Putting a huge pitched
roof on the principal structure would be visually overwhelming and unattractive. The
balance presently achieved with the existing trees and landscaping on the property
would likely be lost.
3. There is no practical benefit to make any changes to the existing roof. The spaces
created by a new roof design would be useless. We already have had to redo much of
the wiring and plumbing in the principal building within the current configuration by
tearing out floors and ceilings in the building.
4. The current specifically designed water drainage system on the property would be
impacted and likely require additional accommodations for water runoff problems that
might arise with respect to neighboring properties. Our current design was focused on
avoiding any negative impact on the neighbors.
5. Regarding precedent which may be set by granting my request, this property is
unique in many ways which make the likelihood of opening the floodgates to other
requests for relief of building height requirements very low.
6. The cost of another $100,000 to building an empty shell roof would be an extreme
and unwarranted hardship. The building has been brought up to code with new egress
windows, wiring, plumbing to mention a few and I have complied with everything that
has been asked of me to build a new garage.
2
ISSUES ANALYSIS
Comprehensive Plan
The property is designated as low density residential in the Comprehensive Plan
Proposed Land Use Map.
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.10
(Compatibility) of the Zoning Ordinance require 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." Because of that requirement, a
condition was added to the original CUP conditions that read as follows:
5. The heights of the garage shall not exceed the height of the principal structure.
At the time the CUP was approved in 2019, it was evident that the new accessory
structure would exceed the height of the principal structure which is a flat roof building.
The Applicant had indicated at that time that a pitched roof was going to be added to the
principal structure to match the accessory structure.
A review of all the accessory building requirements is as follows.
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 are not attached.
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 409.03 and Section 401.15.D.13 of
this Ordinance.
Comment: A Conditional Use Permit was granted to allow the garage structure
partially in the side yard. The placement of the principal structure on this lot
provides a narrow rear yard that did not allow for a standard two stall garage to
be constructed.
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 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 409.03 and Section 401.15.D.13 of this
Ordinance.
Comment: A Conditional Use Permit was granted for the rear yard setback.
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 complied 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, commercial, industrial, public or institutional building except by
approval of a conditional use permit according to the provisions of Section
409.03 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 garages either attached or detached, can
be located on said lot.
Comment: Only one detached structure is located on this lot.
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 accessory structure is 768 square feet.
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.
El
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 located on this lot.
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 associated with the garage will
need to be screened.
10. Compatibility. The same or similar quality exterior material 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 was finished with siding and colors to
match the current principal building exterior. The original intent was to construct
a gable roof on the principal structure to match the garage. The current request
for the Amended CUP will alter the conditions so that the Applicant is not
required to do so.
Conditional Use Permit
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.
B. 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 requested Amended Conditional Use Permit. The
Applicant has provided reasons in their narrative why the gable roof should not
be required for the principal structure. The impact to surrounding neighbors
would be minimal if the height of the principal structure is not raised, in fact a
gable roof on the multi -family building would likely out of odds with the
neighboring properties. Staff does have some concern related to precedence,
but the fact that the principal structure has been in place for over 50 years as a
flat roof building would reduce the likelihood that this issue would arise again in
the City. If both structures were new construction, there would be no question
that the principal structure would need to exceed the height of the accessory
structure.
Setbacks
No changes to setbacks are required for this request
Drainage/Utilities
No changes to drainage and utilities are required for this request. If the principal
building is required, the drainage patterns may change and will require review by the
City Engineer.
CONCLUSION/RECOMMENDATION
The Planning Commission should consider the criteria for review of a Conditional Use
Permit discussed above and determine if the amendment is warranted. If the Planning
Commission recommends the request for an Amended Conditional Use Permit to the
approvals granted July 23, 2019 at 6165 Beach Road North related to height of the
principal building, it should consider it with any added conditions.
Any conditions of the Planning Commission or City Council
PC: Julie Hultman
2
4* 1
CAROL D. JOHNSON
6165 Beach Road North
Oak Park Heights, MN 55082
(651) 253-28789 Cell
(651) 439-9260 Residence
e-mail: rold55082 AOL.com
August 11, 2020
City of Oak Park Heights
ATTN: Mr. Eric A. Johnson
14168 Oak Park Blvd. No..
Oak Park Heights, MN 55082
Re: Development Application dated August 11, 2020
Dear Mr. Johnson:
This letter is submitted for consideration by the City of Oak Park Heights in
support of my application for an amendment to a Conditional Use Permit(CUP)
issued for construction of a new garage which has now been built on the above
referenced property.
I am asking the City to waive one(1) requirement of CUP: "5. The height of the
accessory structure shall not exceed the height of the principal structure."
The principal structure is a multifamily residential building (hereafter referred to
as " the 4-plex"). Several current pictures of the buildings are attached to this letter
for reference.
Some of the reasons I am requesting a waiver are the following:
I. Putting a new pitched roof on the 4 Alex building would place enormous stress on
the existing structure which was constructed in the 1960s when the upper and lower
floors of two story home were separated and moved to the current location. They
were then joined together side by side to create the existing 4-plex. In 1979, the two
halves separated where they had been joined at the ceiling and resulting in extensive
water damage to the entire building believed to be due to the stresses caused by the
settling of the soil under the building. We also still have some visible cracks in the
walls and ceilings resulting from the construction activity on the Hwy. 36/St. Croix
River Bridge and also from the City water and sewer system construction projects.
2. The appearance of the property is esthetically pleasing as is. Putting a huge
pitched roof on the principal structure would be visually overwhelming and
unattractive. The balance presently achieved with the existing trees and landscaping
on the property would likely be lost.
I There is no practical benefit to make any changes to the existing root The spaces
created by a new roof design would be useless. We already have had to redo much of
the wiring and plumbing in the principal building within the current configuration
by tearing out floors and ceilings in the building
4. The current specially designed water drainage system on the property would be
impacted and likely require additional accommodations for water runoff problems
the might arise with respect to neighboring properties. Our current design was
focused on avoiding any negative impact on neighbors.
5. Regarding precedent which may be set by granting my request, this property is
unique in many ways which make the likelihood of opening the floodgates to other
requests for relief of building height requirements very low.
6. The cost of another $100,000 to build an empty shell roof would be an extreme
and unwarranted hardship. The building has been brought up to code with new
egress windows, wiring, plumbing to mention a few and I have complied with
everything that has been asked of me to build the new garage.
I would sincerely appreciate your consideration and approval of my request for an
amended CUP.
Yours truly,
�U
Carol A Johnson
Utz
f Pax ti;16 it A
1. The City Enginm shall mview the drnimage for the site. The fma) gmdWg far the propmed
MMm shall be subjad to re"m by and approver of the City F.ngimew.
2. Any extanor mmbanicai equips asmxieW with the armory SUUCWm dWI be acmena
3. The ea edGr of the acoessay str wWc shall be hnubed with skiing and is a color to mark fire
current prhu# al buildh* exte iar.
4. The ttppt�r levet of the accessory smzcmm shall be used for storage and not for habit4bte spam.
5. Mm light of the aeceaory SMictm shalt rxrt exceW the Wghht of the principal sftwtttr+e.
f. The Applicant wall WO t with the City Arborist to prewve Ic a& and maple tis shown to be
remved on "site plan as well at the cedar irea on the nodh pmparty line.
7. An etrctosm s}iaii be ccmmucted on dwOf the new SCCONMY structure to mckm all
trash and r ucyc ing contains.
S. Tlrc applicant " apply for and r+eceive a buUd g prmat for the aecessoxy Wxram All
applkable DWJ& g Code requirmwts OW be mat.
C*RoI P Jqoo
' ! • as
gm�`
} I qs
v
#� € ulq
Z x
u
g O
lu
x
LU a
AU $
J r - � ,, t � �sx€ff has � t;
tl � LL I -� i �W� Z
CL �I �� b
_ I_. Sz �JJ
LU
CO LL11 :5
i
i i .... .I. ;jag ¢k
m
2.
c�
-- _ w gg G��rc 4u O O
i
(a Ho
(U
pp �CL
jww•o- _ -_- E
D m
�� S� ..+'"' n' ,� -�`,»'• '�: i s;r�,ws,,.'�l+r..s Y,�%'d �'.: a .4.,* ..:
�� �r;.,, �• "" � s { � �
-"F� "` ":'"' ��+tt si y �`� _��+• ' �' ren ..
r i �� i I'�- �°i��+„'"n ? x +`4��y. /u by y, ��U tis � ��•��"^"'� �4e � }�'t .�� .-fit.
h �'!'�' '-' �• �' � � A fit: � -� }s � 4Pi+.
FI I
`4 Vit. � �".�` f r. $c� +'� z _:, c � `'�, �1 •' g��� c
4 X911
A 'r.'. ..
k i ' x
R r•+}-. it
_ . h' F f
Ir
ge
F i:�� µms;" ;t rr�•� .,;k � y� �n .�:� ei 7�� � �'��S °°.�t _ �
's arm ?'. - ,� � � Y t '.'�, �• \ � ,.
,� F1' P^, r• a '
- -g
RESOLUTION NO.LL-D7_ 32
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY CAROL JOHNSON FOR CONDITIONAL USE
PERMITS TO ALLOW A REPLACEMENT ACCESSORY
STRUCTURE FOR A MULTIPLE FAMILY DWELLING UNIT AT
6165 BEACH ROAD NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Carol Johnson for
three Conditional Use Permits to allow a replacement accessory structure for a multiple
family dwelling unit at 6165 Beach Road North; 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
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 multiple family dwellings of four units and less and accessory detached
structures are an allowed conditional use; and
4. The Applicant is requesting a Conditional Use Permit to allow a
replacement accessory structure for a multiple family dwelling unit in the R-2 Low and
Medium Density Residential District, a Conditional Use permit for the rear yard setback
and a Conditional Use Permit for placement of the accessory structure not totally within
the rear yard; and
5. Section 401.26.E.3 of the Zoning Ordinance requires a Conditional Use
Permit for multiple family structures of not more than four units. There is a four -unit
multiple family structure on the subject site and well as an existing accessory structure.
The Conditional Use Permit will allow replacement of the accessory structure; and
6. Section 401.15.D.3 of the Zoning Ordinance requires an eight -foot setback
to the rear property line. The proposed accessory structure is proposed to be setback 2.4
from the rear property line, consistent with the setback of the existing accessory structure;
and
7. Section 401.15.D.2 of the Zoning Ordinance requires a Conditional Use
Permit for the placement of the accessory structure in any yard other than the rear yard.
The proposed accessory structure will be partially placed in the side yard; and
8. City staff prepared a planning report dated July 2, 2019 reviewing the
request; and
9. Said report recommended approval of the Conditional Use Permits in that
they were in conformance with the criteria for issuance of Conditional Use Permits found
in Section 401.15.D.13, 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 11, 2019
meeting, took comments from the applicants and public, closed the public hearing, and
recommended the application based upon the odd shape of the lot, that the front yard
abuts Upper 61' Street North resulting in the rear lot line to the north, and the location of
the principal structure on the lot.
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 Carol Johnson for three Conditional Use Permits to
allow a replacement accessory structure for a multiple family dwelling unit at 6165
Beach Road North 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
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
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 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
structure. All applicable Building Code requirements shall be met.
Approved by the City Council of the City of Oak Park Heights this 23Td day of
July 2019.
3
ATTACHMENT A
Conditional Use Permits
Accessory Structure for Multi -Family Dwelling Replacement
And
Rear Yard Setback
Carol Johnson
6165 Beach Road N.
Washington County Parcel Number: 34.030.20.33.0143
Legal Description:
Lots Eleven (11), Twelve (12) and Thirteen (13), except the Northerly Seventeen and s
five hundredths (17.75) feet of said lot Thirteen (13), all in Block Nineteen (19Elf
elt's Addition
eventy-
).
to Oak Park, according to the Plat thereof and on file and of record in the office of the R '
of Deeds in and for said County and State. eg�ster
ATTACHMENT B
Conditional Use Permits
Accessory Structure for Multi -Family Dwelling Replacement
And
Rear Yard Setback
Carol Johnson
6165 Beach Road 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 Statements)/Legal Descriptions)
Planning Commission Public Hearing & Recommendation: July 11, 2019
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)
0
I
, p6s�-
jj�
I 1L
2
r -r
16
V A
.All
IL
4b Ak
I
I
kJ: I
di
jP
I r
0
1F -P
'A lid
cr
C