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Home My WebLink About1980 CUP - 3plex to 4plex - Johnson 1 Case No. 11 CITY OF OAK PARK HEIGHTS, MINNESOTA APPLICATION FORM Comprehensive Plan Amendment X Conditional Use Permit Zoning District Amendment Variance Text Amendment Subdivision Planned Unit Development AppI icant20dd/3 7• VOiit fA/ 4/65- Are,' 06. VJ?/y50 (Name) Address) no_reoe (Phone) Owner ..04-.1,-rte ' (Name) (Address) (Phone) Property Location (Street Address and Legal Description): G /G s ,4ele•oa..", Description and/or Reason for Request (Cite Ordinance Sections): e4M/~r Ode eF -! ?EE 04,4944e ?d ?Wo A) . --rormies do. oa I7r0,41,4cTIS z 441 re-arm/43 4/d € -%€" 720 4 L/,‘//!'3' Tea Trot. .SG , F re-7- st"Pr t /r,„. s,F 4,//440/4/ /6 a? 90,0 Sd-1 ct tr' Zogeoticeic f is , cso a7 Ka, SO ote In signing this application, I hereby acknowledge that I have read and fully understand the ' applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional application expense. • II/Wee Signature of Appl i nt (Date) (Please attach supportive documentation and plans) { { G C) (o01/e a,d• s to Lowe r!ilo ar NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM TO: Oak Park Heights Mayor and City Council FROM: David Licht DATE: November 6, 1980 RE: Dennis P. Johnson Conditional Use Permit (6165 Beach Road) FILE NO: 798.02 - 80.21 Since the last meeting of the City Council, I have met with Mr. and Mrs. Johnson to tour the multiple family structure which they wish to further subdivide and discussed their plans with them in detail . The structure in question presently has two small apartments on the lower level and one very large unit on the second level . The building is in very good repair and well maintained . At present, the large second floor level is occupied by Mr. and Mrs. Johnson as their home. They are, however, moving in the near term future to a new home . As a result, the second floor unit will be rented . Because of the size of the second floor unit, the Johnsons propose to divide the apartment into two units. The argument in our opinion has been justifiably made that the size and resulting cost of renting the second floor unit as it presently exists will likely result at minimum in three or possibly four occupants. If allowed to divide the unit, Mr. Johnson has verbally indicated his willingness to commit to a maximum occupancy of three persons for the second floor units. By agreeing to this limited occupancy, the City is provided with assurance of maximum utilization of the property which would not be the case under the present situation. As a consequence, it is recommended that the City Council, at their 10 November, meeting grant Mr. and Mrs. Johnson a variance to divide the second level apartment into two units contingent upon the occupancy of these two units being limited to a maximum of three adults. In taking this action, concern does exist that a poor precedent will be established for similar type situations in the future. In order to assure that future requests receive careful and equal treatment, it is recommended that the City amend the nonconforming use section of the zoning ordinance to allow such requests to be handled through the conditional use permit process. 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 Oak Park Heights Mayor and City Council November 6, 1980 Page Two The following amendment is offered for consideration: 401 .03 A. 10 Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units in size or volume of the building. The number of dwelling units in a nonconforming use may be increased upon approval of a conditional use permit by the City Council provided that the intensity of overall use and property utilization is not increased, the size of the structure is not increased, and there is adequate yard space and parking. Should the Council concur with this proposed amendment, a public hearing should be scheduled for formal consideration of the matter. cc: LaVonne Wilson Lyle Eckberg Frank Leier Brad Lemberg Mr. & Mrs. Dennis Johnson NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM TO: Oak Park Heights Mayor and City Council FROM: Gordon Anderson/David Licht DATE: September 29, 1980 RE: Dennis P. Johnson Conditional Use Permit FILE NO: 798.02 - 80.21 BACKGROUND • Dennis P. Johnson, 6165 Beach Road, has filed an application for a conditional use permit to increase the number of units in his apartment building from 3 to 4 units at the above address. This additional unit would be created by converting an existing apartment on the second level to two apartments. The apartment building is located on the northeast corner of Beach Road and Upper 61st Street and is zoned R-2. Multiple dwelling structures up to 4 units are, a conditional use in an R-2 zone. EVALUATION In analyzing what is permitted in an R-2 zone and what criteria need to be met, the follow- ing issues arise: 1 . Lot Size - The existing lot size is 10,950 square feet. Considering the three existing apartments, this averages out to 3,650 square feet of lot per unit which conforms to ordinance requirements of 3,500 square feet of lot per dwelling unit. With the addition of the 4th unit, the average lot size would be 2,738 square feet per dwelling unit. This would make the structure a nonconforming use . 2. Setbacks - The structure encroaches into the required front yard setback of 30 feet. Beach Road is also Washington Co. 23. The County has an ongoing program for improvements to County Road 23, and this doesn't rule out widening. The garage encroaches into the 10 foot interior side yard setback. 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 • Oak Park Heights Mayor and City Council September 29, 1980 Page Two 3. Garage Requirements - For multiple family structures to exist as permitted conditional uses in an R-2 zone, at least one garage space per unit should be provided. Two garage spaces are currently provided. No plans have been indicated to provide additional spaces (2). 4. Parking Requirements - Multiple family dwellings require two parking spaces per unit. Currently four parking spaces are available in the driveway to the garage and four more are located on the south side of the building abutting Upper 61st Street. This is in addition to the two spaces accommodated in the garage. Technically, this head-in parking directly off of and adjacent to a public street is prohibited for apartments, because it requires backing in to the public street. Off-street parking should be provided in the form of an off street lot with one curb cut for access/egress. Furthermore, off street parking should not be located in front or side yard setbacks in an R-2 district. The property is currently in violation of this requirement. 5. Minimum Floor Area - The building contains approximately 1,500 square feet per floor with a 100 square foot entry. This conflicts with the 2,400 square feet per floor stated in the application. It is assumed Mr. Johnson has checked State Building and Fire Codes to verify the feasibility of the conversion. RECOMMENDATION The site is inadequate to accommodate Mr. Johnson's intentions. Recommendation is made to deny the issuance of a conditional use permit due to the following issues: /0,44, cok-k,e it.iNG 1 . An additional dwelling unit would make the struct e a nonconforming use. / 2. Existing front and interior side yard setbacks are in violation. 3. Garage requirements are not met. 4. Parking accommodation is inadequate and is currently in violation of the ordinance. It is suggested further that the City Building Official check the acceptability of the size of the existing units within the structure. cc: LaVonne Wilson Lyle Eckberg Brad Lundberg Frank Leier Dennis P. Johnson . . .. .. 1 ..._1_1 ._ _11.______.____. ._____.__.. _ _._................. 11.11.._ ... ..-- 95 11T _ JIYSrzd 5T I I n u i� 23 I Il N I11 STILLWATER NP ,,.\ Q LPRER 63rd ST N II t E.63,a ..,:,ST N la W 2-11 1 ', r . \.,...,,___,\ r,\ • STILLWATER L,. r •'z M \ 62nd II �_.ST Nli, r '-`[§-4 \\ r-t 4 �� = a <I IVR E EZ9?FR'FV IN QUESTI� Vis: \ I T/ 6s ��s ail,^p 1 o (-'l4- \' '.1 :1'1:t''''' 212, � s 1 rn < b '�.ag, • "I_ =59STN 1x..20. Y 1.—, .. 7.- N 'r\ W 1:sr•20• < 1 .a.•,cJ._"_y� \\,... ,.�uP SN 56th ST r a ] r\ = 20N en, 12'uRKR 56th ST N . -s_1`STN S. 5`%TN� `<� \ 'r` i • 57th O1,__ v Sr .. 5 a c \O \ '� (�---� N1,1]n STN v .111 ..� I I/ y u •- 1 I '-R 56th STN ,_,„_,,u i.—.S, ,1�,� ,,\ 1.._�, �-\ycocR 5.03A T N^' 5 n T. t,56 MIS N / IY'r20. Q551.ST • 2'^' \ ® • 8 I i '95 \' BAYPORT N\ ,.r 1020•1 1 • • 1 i0 f THIS MAP IS FOR PLANNING PURPOSE l r� — ONLY AND SHOULD NOT BE USED WHE. J PRECISE MEASUREMENTS ARE REQUIRED OAK PARK HEIGHTS SITE LOCATION MAP SCALE 800 0 800 1600 Dennis P. Johnson - 6165 Beach Road Aiirt Conditional Use Permit Request Will . 1 ie I t t \' I t;tJ 1) 141: tiire0i , CAG4_pC Lilt! • I 17 . 71, ' fI et ` of said Lot 13 . • v ' .f.t t.‘,,- girl easei,ient' fel- roa ,.,purposes `"tiic + z ?ter'4y 1inc them ,-, � 8� .inr r v, : th the'` west half of the vacated al ley RECEIVED '' z i ill i,' said lots . co-S 1✓yl c� ;'cry_j t / is'c:-L. / t I '✓ p, - / rrS(fb-e �r.0per' y 4 • • ,•� �.�� ! 1. , I of • `' �. ��Ivices ,r1 . Vaca' c� - r t0 04 ' - ti 1$-So c r ,, 1 4 , r ' I I j !, , G t •.4 +PPPPPP\, . .....---, _ "/ _ . • ,•--s..�-- ---------........r, .)' , i • + i # i q i.SMI \, ,;. l'''. Y. y ' 1 ^ 1 r. 9999 j `\ \�•r`�`j� ` t,O T /1 i -1, i t i 0 j, ...4: .., ,.. J � �) b UPPE R. ::;:+ i .� r- \ I. 1.\ I _ _____ , \ L C' 1\ • ,. 1 • .l-• , 1. iP�•r._. t .. 1.,.. :A// /. F, `, `.Ible i_,rtcroachm?.-nts 7r-0-i+I or on said protjeri,y . Exhibit B •