HomeMy WebLinkAbout2020-09-22 CC Packet Enclosure Oak Park Heights
Request for Council Action
Meeting Date September 22, 2020
Time Required: 5 Minutes
Agenda Item Title: Carol Johnson—Amended Conditional Use Permit—6165 Beach Road.
Agenda Placement New Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester's Signature //it—
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 as presented to the Planning Commission;
2. Planning Commission Resolution(unsigned)
3. Proposed City Council Resolution.
Page 37 of 110
end.", 2
T P C 3601 Thurston Avenue N,Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 783.42 7.0520
TPC@PIanningCo.com
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:
Page 38 of 110
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 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-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:
1. Putting a new pitched roof on the 4-plex 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-plex. 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
Page 39 of 110
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 401.03 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
Page 40 of 110
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 401.03 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
401.03 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.
4
Page 41 of 110
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.
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 requested Amended Conditional Use Permit. The
5
Page 42 of 110
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.
1. Any conditions of the Planning Commission or City Council.
PC: Julie Hultman
6
Page 43 of 110
CAROL D. JOHNSON
6165 Beach Road North
Oak Park Heights,MN 55082
(651)253-28789 Cell
(651)439-9260 Residence
e-mail: carold55082CAOL.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-plea"). 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:
1.Putting a new pitched roof on the 4-plex 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
Page 44 of 110
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 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.
1 would sincerely appreciate your consideration and approval of my request for an
amended CUP.
Yours truly,
Li IA I 1* ktyt
Carol D.Johnson
Page 45 of 110
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I. The City Engineer shall review the mage for the este. The &al grading for the proposed
structure shall be subject to review by and approval of the City Engineer.
2. Any exterior mechanical equipment associated with the accessory structure shall be screened.
3. The exterior of the accessory structure shall be finished with siding and in a color to match the
current principal building exterior.
4. The upper level of the accessory structure shall be used for storage and not for habitable space.
'1111,1 S. The height of the accessory structure shall not exceed the height of the principal stmcture.
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 cast side of the new accessory structure to enclose all
trash and r cycling containers.
8. The applicant shall apply for end receive a building permit for the accessory structure. All
applicable Building Code requirements shall be met.
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Page 46 of 110
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• 3. CAROL JOHNSON NEW l3ARAGE
i fir' ' -Q I • VARIAPICE REQUEST Sti E PLAN
•' �- - --- - --.-_. --_ r FaDRori• _ ieYf D�� . 6185 Beach Road North
ous°"�" "" °"1-0R'° su TOR.w sxeslw. Oak Park Heights, MN 55082 &
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RESOLUTION NO.19. 07_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
Page 48 of 110
1
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
f 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
13e 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
Page 49 of 110
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 4
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 23"1 day of
{ July 2019.
♦ 0 - 2
/ I!
M: iii, omber,Mayor
A ► ST:
1 /: .
ifJ' '.on, City Administrator
7/
3
Page 50 of 110
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 seventy-
five
hundredths(17.75)feet of said Lot Thirteen (13), all in Block Nineteen (19), Elfelt's Add '
( to Oak Park, according to the Plat thereof and on file and of record inter
of Deeds in and for said County and State. the office of the Register
Page 51 of 110
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 Statement(s)/Legal Description(s)
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)
Page 52 of 110
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Page 57 of 110
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 CAROL JOHNSON FOR A CONDITIONAL USE
PERMIT TO ALLOW AN AMENDMENT TO THE CONDITIONAL
USE PERMIT GRANTED JULY 23, 2019 RELATED TO THE
HEIGHT OF THE PRINCIPAL STRUCTURE AT 6165 BEACH
ROAD NORTH SHOULD BE APPROVED
WHEREAS,the City of Oak Park Heights has received a request from Carol Johnson
(Applicant) for a Conditional Use Permit to allow an amendment to the Conditional Use
Permit granted July 23, 2019 to remove Condition 5 as it relates to the height of the
principal structure at 6165 Beach Road 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 multiple family dwellings of four units and less and accessory detached
structures are an allowed conditional use; and
4. The Applicant is requesting an Amended Conditional Use Permit to allow
a change to the conditions of the July 23,2019 Conditional Use Permit approvals related
to the height of the principal structure and a newly constructed accessory building; and
Page 58 of 110
5. Section 401.15.D.3 of the Zoning Ordinance states that"accessory
buildings shall not exceed twenty (20) feet in height or exceed the height of the principal
structure on the lot"; and
6. Section 401.15.D.10 of the Zoning Ordinance requires that"the exterior
appearance of the accessory building including the roof pitch and style is not at variance
with the principal building from an aesthetic and architectural standpoint"; and
7. The Conditional Use Permit approved by the City Council July 23,2019
included Condition 5 that stated "The height of the accessory structure shall not exceed
the height of the principal structure"; and
8. The Applicant constructed the accessory building with a 12/12 pitched
roof that exceeds the height of the principal structure, which has a flat roof; and
9. The Applicant had intended to place a pitched roof on the principal
structure that would match the pitch and exceed the height of the accessory structure but
realizing the structural difficulties of the principal structure, the mass and scale that the
pitched roof would add to the structure, and drainage issues that the added pitch could
create has asked for an amendment to the conditions of the July 23, 2019 Conditional Use
Permit that would remove Condition 5; and
10. City staff prepared planning reports dated September 2, 2020 and
September 9, 2020 reviewing the request; and
11. Said September 9, 2020 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.D, and Section 401.03.A.7 of the Zoning Ordinance; and
12. The Planning Commission held a public hearing at their September 10,
2020 meeting, took comments from the applicants and public, closed the public hearing,
and recommended that Condition 5 of the Conditional Use Permit approved July 3, 2019
be removed, based upon the following:
a. The property and principal building are unique in that the principal
structure is a flat roofed structure in which the first level is partially below
grade.
b. There are few flat or pitched roofed single family or multiple family
dwellings in the City of Oak Park Heights in which the accessory structure
would exceed the height of the principal structure.
c. Adding a gable roof to the existing flat roofed multiple family structure
would add to the mass and scale and would be at odds with the
existing single-family character of the neighborhood and not consistent
with the Conditional Use Permit criteria found in Section 401.03.A.7 of
the Zoning Ordinance.
2
Page 59 of 110
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 Carol Johnson (Applicant) for a Conditional Use
Permit to allow an amendment to the Conditional Use Permit approval granted July 23,
2019 to remove Condition 5 as it to the height of the principal structure at 6165 Beach
Road North 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 by the Planning Commission of the City of Oak Park Heights this
10th day of September 2020.
Timothy Freeman, Chair
ATTEST:
Eric A. Johnson, City Administrator
3
Page 60 of 110
ATTACHMENT A
Conditional Use Permit
Allowing Amendment to July 23, 2019 Conditional Use Permit
Related to Height of Principal Structure
At
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 seventy-
five hundredths (17.75) feet of said Lot Thirteen (13), all in Block Nineteen (19), Elfelt's Addition
to Oak Park, according to the Plat thereof and on file and of record in the office of the Register
of Deeds in and for said County and State.
Page 61 of 110
ATTACHMENT B
4.141
Conditional Use Permit
Allowing Amendment to July 23, 2019 Conditional Use Permit
Related to Height of Principal Structure
At
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 Statement(s)/Legal Description(s)
Planning Commission Public Hearing & Recommendation: September 10, 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 62 of 110
RESOLUTION NO.
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 A CONDITIONAL USE
PERMIT TO ALLOW AN AMENDMENT TO THE CONDITIONAL
USE PERMIT GRANTED JULY 23, 2019 RELATED TO THE
HEIGHT OF THE PRINCIPAL STRUCTURE AT 6165 BEACH
ROAD NORTH BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Carol Johnson
(Applicant) for a Conditional Use Permit to allow an amendment to the Conditional Use
Permit granted July 23, 2019 to remove Condition 5 as it relates to the height of the
principal structure at 6165 Beach Road North; and after having conducted a public
hearing relative thereto, the Planning Commission of Oak Park Heights recommended
approval of the request. 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 an Amended Conditional Use Permit to allow
a change to the conditions of the July 23, 2019 Conditional Use Permit approvals related
to the height of the principal structure and a newly constructed accessory building; and
Page 63 of 110
5. Section 401.1 5.D.3 of the Zoning Ordinance states that"accessory
buildings shall not exceed twenty(20) feet in height or exceed the height of the principal
structure on the lot"; and
6. Section 401.15.D.10 of the Zoning Ordinance requires that "the exterior
appearance of the accessory building including the roof pitch and style is not at variance
with the principal building from an aesthetic and architectural standpoint"; and
7. The Conditional Use Permit approved by the City Council July 23, 2019
included Condition 5 that stated "The height of the accessory structure shall not exceed
the height of the principal structure"; and
8. The Applicant constructed the accessory building with a 12/12 pitched
roof that exceeds the height of the principal structure,which has a flat roof; and
9. The Applicant had intended to place a pitched roof on the principal
structure that would match the pitch and exceed the height of the accessory structure but
realizing the structural difficulties of the principal structure, the mass and scale that the
pitched roof would add to the structure, and drainage issues that the added pitch could
create has asked for an amendment to the conditions of the July 23, 2019 Conditional Use
Permit that would remove Condition 5; and
10. City staff prepared planning reports dated September 2, 2020 and
September 9, 2020 reviewing the request; and
11. Said September 9, 2020 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.D, and Section 401.03.A.7 of the Zoning Ordinance; and
12. The Planning Commission held a public hearing at their September 10,
2020 meeting,took comments from the applicants and public, closed the public hearing,
and recommended that Condition 5 of the Conditional Use Permit approved July 3,2019
be removed,based upon the following:
a. The property and principal building are unique in that the principal
structure is a flat roofed structure in which the first level is partially below
grade.
b. There are few flat or pitched roofed single family or multiple family
dwellings in the City of Oak Park Heights in which the accessory structure
would exceed the height of the principal structure.
c. Adding a gable roof to the existing flat roofed multiple family structure
would add to the mass and scale and would be at odds with the existing
single-family character of the neighborhood and not consistent with the
Conditional Use Permit criteria found in Section 401.03.A.7 of the Zoning
Ordinance.
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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 (Applicant) for a Conditional Use
Permit to allow an amendment to the Conditional Use Permit approval granted July 23,
2019 to remove Condition 5 as it to the height of the principal structure 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
with the following condition:
1. The conditions listed in the July 23, 2019 Conditional Use Permit approval
shall remain in effect except for Condition 5 which is hereby removed.
Approved by the City Council of the City of Oak Park Heights this 22nd day of September
2020.
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
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ATTACHMENT A
Conditional Use Permit
Allowing Amendment to July 23, 2019 Conditional Use Permit
Related to Height of Principal Structure
At
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 seventy-
five hundredths (17.75) feet of said Lot Thirteen (13), all in Block Nineteen (19), Elfelt's Addition
to Oak Park, according to the Plat thereof and on file and of record in the office of the Register
of Deeds in and for said County and State.
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ATTACHMENT B
•
Conditional Use Permit
Allowing Amendment to July 23, 2019 Conditional Use Permit
Related to Height of Principal Structure
At
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 Statement(s)/Legal Description(s)
Planning Commission Public Hearing & Recommendation: September 10, 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)
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