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HomeMy WebLinkAbout2020-09-02 TPC Planning Reporte►. 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