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HomeMy WebLinkAbout2020-11-16 WC Recorded Document 4276304 - CUP AmendmentReceipt:# 505348 USE $46.00 Return to: E - SIMPLIFILE 4844 North 300 West Suite 202 Provo UT 84604 4276304 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Certified Fi led and/or recorded on: 11116/2020 8 00 AM CyX WIZI! Office of the County Recorder Washington County, Minnesota Debra Ledvina, County Recorder NOTICE OF CERTIFICATION STATE OF MINNESOTA } COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS } I, the undersigned being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Conditional Use PermitAmendment For Accessory Structure For A Multiple Family Dwelling At 6165 Beach Road N. Carol D. Johnson with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a full, true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City November, 2020. Heights, this 5th day of Johnson - Administrator m . a 9 � �.. � � �'`�) $ � A J I r If1 .' w V. .114 Iry . I DI Lei 1 rQ1130 1�:. :u1 1" 0 l R IRMA] Legal Description: (Washington County Geo. Code: 34.030.20.33.0143) f Owner: Carol D. Johnson, 6165 Beach Road North Oak Park Heights, MN 55082 Applicant: same Site Address: 6165 Beach Road North, Oak Park Heights 1 rI '' Ma _0 -r r 1 i Present Zoning District: R-2, Low and Medium Density Residential Conditional use required as set forth in Ordinance Chapter 401 Section 401.15.1); 401.26.E.3 I. CONDITIONAL USE PERMITS: The property has a four -unit residential dwelling structure. The City of Oak Park Heights received a request for a Conditional Use Permit from Carol Johnson to build a replacement garage accessory structure. An existing garage of 468 square feet will be replaced with a new 768 square foot accessory detached garage structure. Due to the unique shape and layout of the lot and existing structures, the accessory garage will not be totally within the rear yard, as it will extend an front of the principle structure. The accessory structure will comply with side yard setbacks, but is proposed to be placed at 2.4 feet from the rear lot line, whereas an 8 -foot rear line setback is required. The CUP is required to allow a replacement accessory structure for a multiple family dwelling unit, for the rear yard setback variance, and for placement of the accessory structure not entirely in the rear yard. The Planning Commission held a public hearing, reviewed the application, and recommended approval on July 11, 2019. The City Council reviewed the matter at its meeting on July 23, 2019. The justification for the reduced setback and partial placement in the front yard, which the Council found compelling, is that the lot is an odd shape, that the front yard abuts Upper 61' Street North, resulting in a rear lot line to the north, and the location of the existing principal structure on the lot leaving no other available area for building an accessory structure in compliance with the zoning code requirements without a CUP variance to the requirements. The City Council determined to grant the permits requested subject to the terms expressed below. Amendment 9122120: Owner applied to amend the CUP for the removal of condition #5, which required Owner to add a gabled roof to the existing flat roof 4-plex structure based upon city zoning code requiring an accessory structure must not exceed the height of a primary structure. Applicant submits that the existing structure may not adequately support the weight of a pitched roof, and will create a larger structure that is out of character for the neighborhood. The City approves the requested conditional use, subject to the following conditions and restrictions imposed by the July 23, 2019 Resolution of the City Council of the City of Oak Park Heights, and approves the amendment as amended by the September 22, 2020 Resolution of the City Council of the City of Oak Park Heights, as follows: 1. The City Engineer shall review the drainage for the site. The final 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. [DELETED] T4@ height of theaeeesser-y .,+,..,, twe s ,n Rat e*eeed the l,o;& of the ,,r4aeipa fie. 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. The applicant shall apply for and receive a building permit for the accessory structure. All applicable Building Code requirements shall be met. II. Reference Attachment: The report of the City Planner dated July 2, 2019 and Owner's site plan approved by the City Council are annexed hereto as "Exhibit B" by reference. The report of the City Planner dated September 2, 2020 for the amendment is annexed hereto as "Exhibit C" by reference. III. Abandonment: This permit requires continuous use in order to preserve the Conditional Uses granted by the City under the terms hereof, Any discontinuation or abandonment of the uses permitted hereunder upon the site for a period of 12 continuous months shall constitute abandonment and void the permit. N WITNESS WHEREOF, the parties have set forth their hands and seals. 2 I Em Carol D. dFohnson. Owner Date: B !A& Carol D. Johnson EXHIBIT "A" LEGAL DESCRIPTION LOTS ELEVEN (11), `1-WELVE (12) AND THIRTEEN (13), EXCEPT THE NOXFHERLY 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 ON FILE AND OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS IN AND FOR SAID COUNTY AND STATE; EXCEPT PARCEL 6 OF WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO 177-CSAH 23, RECORDED AS DOC. NO. 4054395, WASH. CO. RECORDS. M '\IU; 4 'r r4 - '4L\1 UJ Z. M :\ EXHIBIT "C" PLANNERS REPORT DATED 912120 31301 Thuralon Awnue N, Suits 101 Anoka. MN 65303 PCTPC&PW.1.,C...., __Kf`Facelmile. 783.427.0520 : O JohnsonEric Heights- TE: September 2, 2020 RE: Oak Park _ " rea Conditional Use Pwmd 1brPrincipai Building Height - 6165 Beach Road Street North `-Sid i 1 # 1 ;�* 1 16, "• s411 !-,aj to Ir - = • • - " i f" • • r - of the structure riot totally yard. The•ed Conditional Use Permit has •: • F to_ r a to the r +" r of the 2019 approvals related to heightthe of prindpal structure. The property Is zoned R-2 Low and Medium Density Residential District. The principal structure is a rur-unft multiple familydwelling. Multiple family dwellings of fourunits or lose and their accessory structures are an allowed conditional use In that Distri-e V Exhibit from r'i Johnson — August2021. Exhibit M o August2020 Letter r Site Photo) Exhibit 4: Resolution 19-07-32 } •; Exhibit • i The project description iJustification for ti - r ; rCUP fmmCarol 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 Pam* (CUP) issued for construction of a new garage which has now been built on the above referenced PMPO* J am asking the City to waive one (1) requirement of the CUP: 15 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 -plexi Several current pictures of the buildings arae attached to this letter for reference. Some of the reasons i am requesting a waiver are the Wowing: 1. Puffing 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 -plea. In 1979, the two hahnes 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. 3d St. Croix River Bridge and also from the City water and sewer system construction projects 2. The appearance of the property is esthetfeefty pleasing as is Puffing a huge pitched roof on the principal structure would be visually overwhelming and unattractive. The balance presently achieved wfth the exlstlng frees 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. UMe already have had to redo much of the Ming 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 wafer runoff problems that might arise with respect to neighboring properties. Our currant 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 Wass windows, wiring, plumbing to mention a flew and I have complied with everything that has been asked of me to build a new garage. 2 ISSUES ANALYSIS Comprehensive The property is designated as lowdensity residentialthe 1 - Plan Proposed Land Use Map. Zoning The property is zr. °ed R-2 Low and Medium Density r Diefflat. Multiple dwellings of four units or less and their accessory structures are an allowed conditional use in #W District. The accessory building requirements In Section 401.15.D.10 (Compatibility) of the Zoning Ordinance require that 'the extedor appearance of the acceemy building induding roof pfich and style is not at variance, md1h the principal building ftm an aeaffiefic and architectural aftndpoint" Because of that requirement, a condition was added to the original CUP condifions that read as follows: & The heights of the garage shall not exceed the height of the principal structure. At the time the CUP was approved in 2011R,r accessory structure would exceedtheheight r principal his a flat roofbuilding. 1 ,f :' • �`: = _ _ I, r r-, _' r principal = to match the accessory A review of r r building :r • • Accessory Section 401.15.1) provides a list of requirements for construction of an accessory �)ulldlng on a prop". Please find a review of those criteria: 1. Cewrmcdon with Pdneipal Building. An aocesmy building shall be consideredan integralparf1' pdricipalbuilding connected . r, Z Location. Alb accessory buildings shall be erec;Vd or kcated wilhin any required yard other than Me rear yard exoopt by approval of a condNonal use permff according to the proylabas of ►+1 r 401.03 I Sectfon 401.15.D. 13 of this r, i r=. Comment: Conditional - Permitgranted toallow- garage partially in the side yard. The placement of the principal structure on this lot provides a nanxw rear yard that did not allow fbr a standard two stall garage to ri: constructed. 3. HelghMedocks. Accessory buildings shall not exceed twenW (20) feet In height or exceed the height of the principal structure on the lot Accessory buildings shall be five (5) filet or more from side lot lines, eight (8) feet from the rear lot line and shall be six (6) Deet 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 hoiden. The setback and height requirements under this provision may be varied by approval of a conditional use permit as provided for in Secdon 401.03 and Section 401.15 D.13 of this Ordinance. Comment: A Conditional Use Permit was granted for the rear yard setback. A tot Covsrege. No accessory building or detached garage or combination thereof within a riesidentiaf district shall occupy mons than twentyliva (25) percent of the area of the rear yard except by approve/ of a conditional use Permit according to the provisions of Section 401.03 and Section 401.95.x.13 of this Ordinance. Comment: The garage compiled with this provision with a coverage of 22.9 percent. 5. Number of . No building permit shall be Issued for the construction of more than one (1) private garage or storage structure for each detached single famfly dwelling, commercial, industrial, public or institutional building except by approval of a conditional use permit according to the provisions of Section 407.03 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 atta *d 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. I&D. 13 of this Ordinance. Comment: The accessory structure is 768 square feet. 7. Admirals dve 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 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. �'7 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. CONCLUSIONIRECOMMENDATION The Planning Commission should consider the criteda 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 6185 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 2 August 11, 2020 CRY of Oak P*rk Heights ■ Johnson 14168 ■ Blvd. Oak Park Heights, MW 55092 Development # I\ I I dated 1 gm 2020 f` I I I I! 1letter1 11 .1 '"consideration 1' the I Oak Pa* y J +I, in lame I .II CORIMMetlan pnze which iI now been built on M. above ' I- 1 4=1 1 i 1 1rasking1; II I - ':'1 - 3 r 110 r a�'JI 1 1 ' I I � 11 1 N I. I I IIY I I I i. 'I a •. :.:: '� 1:. 11 I i amu.. -. I� 1j -I t iw11 - II I1 -I', M Ii 14 .Ilf Ift A i Ifff UT II � fijY I Ii I I -j--. 133z 4is 11 7r7-1 7.7 I , PI ?I l 1 :I 11 1•�i 7 1 1 I i4 1- .ah I 1 I! I � 1: 1 +! 1 II I V 7- I=71-7;111 4.'; i f 1lk 7,111"1117=11" ? 1- =1177. I k .I 1 lY t l 1 I+ 1r r 1 t t �; I 1 . V oe 1 11 �f I ki ai 411 !I I I (-'7'= 1- t k 1 I 1 I - 71MV isno prackw benefit i t juab guy y Ir" r, I 11existing IeI The s =[ . em%t. I by roof design 'Jr 1 I be Is�_ r j have had to redo 1inuch of the wiring and plumbing I the I L 1i I building I . curmut 1 tearing I I floors- A. 'Me awrent SPOCIMW 40Ped water drainage . ' I 1 J 1 1 1 W - -M be INIPacted and Ulm'* rell"'m additional I 1 11 I. Ins for waterrunoff problems I:I l� I I 1mct 11: 1 'i l l hproperties, O .JI design focus" on a I: I I ,I I I I :: f kt.' On r ftI iG 1 which j:l be met by granting IIreques4this1 1 1"' is unique l i MI f V I I ake the 1 i 1' I I I Of l y I`I 1 floodgates nquuU for rend of l I o 1 m -n very IL The cost of another $100,000 to build an empty shell I +t Iwould I *Rdl '; 1 r ', i f 1 I I extreme { 11 1 1.1 h I I 1 1:) code 11 new egress I r 1 I.' plumbing . I I Y M1 : I M I T I i I I� i [I 41 ham 1 naked tl I I to build 'be=tI !. J would III Fi-1 1 l . =i 1 your w 1 I i .a aI I 1 I J r; Mill .,Y K.,k',,,,1 k ,".1,.i, 1,��"!l „,.,,,,•'�' .!'. I�„ .,, ,�`I„) ,,,,,,,,lit ,ywf ,. „<, 4wo,.-,;, „`,,,�' ti'�1a,,,,, " e "a if' „i: °4'r...;'';, ",j � :r r s 'ir i .......................„,,” p F� —�-- ' -- 1 Ova 17— mg. r a 5 .» ter,.. �4,: •. .� 5'.'Yf NO �� tis ('�r c <s ���� ._ ��. +' F'-n�'r'f'1 ,r i a { :: � � �' I • ,� , +`ice rr J� x 4.r t i�r f l� a I p � �n xf � * 7 F 5` T4' —>°: �, .v t �" 7 °`iJ=—'.•...,�. � �j }}i � {� ,�,f • � � 6 kirs x { 1 Y` .` i M17 r4 �• 11 .J? 4S� I- pin, T •, jZi, }�r "W rw Ij IVA F M Y . t ...� ry, .,ten• - , F ,� a yp k .�� � { , S, a �•. ,•r .. `' _ fel L', �L` y� ',{.' .. ,r 1�• Ng - ti pti y�.e14, �'L'�l, r � LJ� � �e�� • s k. �, 4�'+ . aR .pFr :j'r" asp �. 14 � •i t a' t •E uikx s� i'F�"5 r` t . P"'.�•3i,-�'! � _ CMCOUNCM ffff OF OAK PARK MIGHTS f, D�II 4T r �, T: YI .► "i:,i ♦a' FT- 1GW..-_ R r rair r � rl •" rl, ;i' s r :�-;,fir 1; � �: f e r "Ia 1 1 I A - ,. e! r � F, I is ! Y L : � 1 1.. , ` �,I ,Y i 1 1 ,:. 1 ► r ;. j. i 1 1 H �1 �. :t'� :1 !J1 1 F1 11 'r � �'' 1 � 1 :1 t 1 '#: t Y: :11 1 �� � 1 1",� ►" 1. the real POPWY affacted by said plication is legally desmibed as = follows, to wit. SEEATTACHMENTA and Ir " ;Ir ►�: �r 1 i i' Ir �.� � ► : it ► I Yd r 1 i� � 1 ► _ .. r r � ►'. i" � r � ; Yu ., 1 ;.: ► ► ; �i [ }'ilrlr ,1 �" rril.-� ��n��riPr� r�i `►�� ►.:' u,�."►,, _ �, i►�4�V. 3. The propaty is zonedprop :Ir ► Medium Density Redr rr . ; 1 isW in wbich muldPle family dvielftgs of A= units mid less and ce;f:"m :r is 7v! strucbim am an allowed carr r:i"r:" It` 4. IlleAPPECant is iNuaft Conditional Use pem2itto q , -1 si► Density Rraidential District 1 1 i 11 1 -i"P► 1 1 -il"1 -+I 1 1 ♦.-tip ►i 4iif71 1: i R M 5. Section r^. 1 theZoning Ordinance .1 A Conditional Permit 4 "' A 1 family f;struchra J not more l I cunits. Thca is a fbur-wfit 1♦ r� 1 1 I r �?� % ! ;! A :'. }--111 -11' 1 1 -: k r. 1 :11.� 1 1 1 f:. Section ".:{r of Zming Onfinw= requires1' ' I 1/ :f 1. / 'he rev 1 111 line.ty 1 roposed 1• .-;k 11 ;;1 M r" : 1 A,1 ; .G to be t . ck 2A ;If 1 7. nYa t l 401.15M.2of It Zoning O+ f 1 :11 '.requiresConditional 77 1 1 1{{ 1 r F Yi.�r; 1 Y I'1 1 1{ 1' ; F .• 1 [ 1 I ' 'i, 1 1 : 1 1 1 . MY staff t i'1 : r1itplanning reportdated k reviewing 1 requ=4 and 1MAN 1 y k I +�1 IJ 11 -il 1- 1 I kl 1 ► 1 1 1 1 1 1 1.• 1 n ll: 1 I 11 1 1 111 1 I. Y ;11 t= Il, t'.N; [�. 1 ' F - /I it 1 11 .i I. !1 1_ it � ►tlfi:lil nl h; 1 1 fl If : 1 1 i 7<: 1 i 1 f 1 l ik �1 1: 1 1 rtl 11 11 �'1 1,•.rV 1 -. ':: 1 1 1 , A r I 1 :�' :1 In1 1 1 �` 1 i 1 rl % MlI 1 k 1 1 �.:. 1 1 a # 1 1 1 _:I k f." 1 ! k t 1 1.::1 1 1 :r1 1 1: 1 ' 1: 1 t �+ 11 .i +-F: 1 1. Y 1 1 t 1 1 1 '. 1• 11 1' '' 1' I !: . :: 1 /'. 1 1 1'. 1 i :11 t C: F A l •... 1 r: Y 1 I ! { _ 1 : VPAIWML 1. The Engineerdl _ thedrainage for1he sitc.The fital : k ;! ' r I r,l :w. CA M M 1 3. t' alerier of d ►, proposed J; I Sshall be finishedwith Y I. i r an n color to match .1amW = I principal buildmg -t i .. upper of thei'"F 11; .I' :T be used "Ii"stomge1 not for habitoble spaw. 5. The height of the gmV sWI not exceed the height of the pnncipai aftuctur& 6. 1 Applicawwill wcKrk vnih Il'City Arbonst 1 preservethe ash and maple! lw; shown !.. 10be rmoved on the - plan %:-.wcU atthe .1 ,r tree on the northproperty lin 7. 1 .' 1: 1: i constmeted on the M'rhside,i' the now accessory auucture to enclow ? i :; A and ncycbng ro,1 r? 'j r -. �1.Theapplicant = 1 apply l± and frecdve a1 - % ' t tl 11 for1 shuctum All Building 1 �i . fib:" 11 Approved 1 y the City Council lthe CityofOak Park Heights1 1 ki ATTACHMENTA Condltionel use Perrndts Accessory structure for dylard#!.paml! Y Dwelling Replacernent And Rear Yard setback Canal Johnson 6165 Beach Road N. Wastr'Mon County Part el NLmnber:34.030.20.33.o143 Lep1 Description; Lots Eleven (11), Twelve (12) and Thirteen (13), except the Northerly Seventeen five hundredths (17.75) feet of said lat Thirteen (13), all in Bfack Nineteen and seventy - to Oak Park, according to the Plat thereof and on file and of (191.1~ffeh's Additlan of Deeds In and for said County and State. mord in the Office of the Register ATTACHMENT 0 ��® Conditional, CarolJohnson 6165 Beach Road N. App4cation Materials • Application Form • Fees + plan Sets s Written Narrative and Graphic Materials Explaining Proposal a Mailing list from Washington County (350'/150` from subject property) f Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal ©escdption(s) Required Approvals: CUP City Council 4/5 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) a� - ,,. �,, ;, �:, - �: � .:, � �. �. .� ��� � ���� � � � 1 � � ,� �, z r� z .. � �3�� �, � ,� � �. � �< A. E ,,..: � P �, ;.: �. a� - ,,. �,, ;, �:, - �: � .:, MMEMM :T. . , .. Anoka. MN 55303 __-. Fwaimile: 763.427.0520 L111 :4 1Y1 i - TO: Eric Johnson FROM: Scott Richards DATE: September 9, 2020 RE: Oak Park Heights — Amended Conditional Use Permit for Principal Building Height — 6165 Beach Road North TPC FILE: 236.02 —19.07 BACKGROUND As a follow up to the September 2, 2020 planning memorandum related to Carol Johnson's application for an Amended Conditional Use Permit (CUP), Staff would like to add additional information for the Planning Commission to consider as it determines a recommendation. Precedence In the previous planning memorandum, Staff raised the issue of precedence as an issue the Planning Commission should consider. Carol Johnson's properly is unique in that the principal building is a 50 -year-old flat roof structure in which the first level is partially below grade. There are few if any flat roofed single-family structures and a number of older multiple family structures with flat roofs in the City. Many of the multiple family structures are two stories in height. It is unlikely that a situation such as the one for 6165 Beach Road North would come up again. Much of the older housing stack in Oak Park Heights consists of one-story ramblers averaging in height from 15 to 20 feet (measured to the mid -point of the roof). The Zoning Ordinance indicates the following related to accessory building height and compatibility: 3. HefghVSetbacks. Accessory buildings shall not exceed twenty (20) feet in height or exceed the height of the principal structure on the rot. 90. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building except as allowed as a temporary structure in Section 401.15.D. 9 9 of this Ordinance. AM accessory buildings shall also be compatible with the principal building on the rot. "Compatible" means that the exterior appearance of the accessory building including roof pitch and style is not at variance with the pnnclpal building from an aesthefic and architectural standpoint The accessory structure at 6166 Beach Road features a roof pitch of 12112 which results in a taller building height than a roof with a lower pitch. The standard rambler or detached garage features a pitch of 4112 or 6112. A property owner in the City would need to request a Conditional Use Permit to vary from the pitch or to exceed the height of the principal structure in order to build a detached garage. Most homeowners want the roof pitch to match and are cost sensitive to the added cost of a taller structure. Homeowners that want a taller first story height or steeper pitch in order to increase the height of attic usable space would be encouraged not to pursue a Conditional Use Permit from Staff because the request would be at odds with the neighborhood. In the case of the request by Carol Johnson with an existing fiat roofed principal structure, the situation is unique. A gable roof on the principle structure could have a negative impact on the neighborhood as discussed below. Each request to vary from the ordinance must be evaluated based upon the particular circumstances of the property, the neighborhood, and the structures on the lot, 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. Trait 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 CiVs service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Staff would argue that Criteria 6 listed above may be the most valid reason to support the Applicant's request for the Conditional Use Permit. Adding a gable roof to the existing flat roofed structure would greatly add to the mass of the structure and would be at odds with the existing single-family character of the neighborhood. The Planning Commission should also review the Applicants narrative and reasons to support the conditional use permit. Staff finds these are valid points for consideration. ►a Julie Hultman Julie Hultman sent Wednesday, September 9, 2020 3.54 PM ® 'Timothy J. Freeman'; 'David White; 'Blake Van Denburgh'; jennifer v@hotmail.com' Cc Eric Johnson; Scott Richards; 'Mike Liljegren (liljegrens@comcast.net)' Subject. OPH - Carol Johnson CUP Amendment Memo Attachments: 6165 Beach Road North(2) - Johnson CUP Amendment - Planning Memo - September 2020.pdf Please see the attached Memo from contract City Planner Richards. Paper copies of this memo will be at your seats for the Planning Commission meeting tomorrow evening. Please let me know if you have any trouble opening the pdf attachment. Thank you, Julie From: Julie Hultman Sent: Wednesday, September 9, 2020 3.56 PM Ta: Carol D Johnson Subject: OPH - Carol Johnson CUP Amendment Memo Attachments: 6165 Beach Road North(2) - Johnson CUP Amendment - Planning Memo - September 2020.pdf Carol, Thank you for letting me visit today for photos and measurements. Please seethe attached Memo from contract City Planner Richards. The Planning Commission has also received this memo. Please let me know if you have any trouble opening the pdf attachment. Thank you, Julie Drafted by/Return To: Eckberg Lammers, P.C. 1809 Northwestern Avenue Stillwater, MN 55082