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Home My WebLink About2020-09-10 PC Recommending Resolution A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY 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 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 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. J - lk IA r Timothy -e an, hair ir n IA 7 son, City Administrator 3 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. ATTACHMENT B t .3 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)