HomeMy WebLinkAbout2021-03-23 CC Packet Enclosure 441.
Oak Park Heights
Request for Council Action
Meeting Date March 23rd, 2021
Time Required: 5 Minutes
Agenda Item Title: Conditional Use Permit—6188 Beach Road—Rear yard Setback and
Accessory Structure Size.
Agenda Placement New Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester's Signature
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 attached from Scott Richards, City Planner
1. Planning Report—Dated March 4th, 2021
2. Approved Planning Commission Resolution—Unsigned
3. Proposed City Council Resolution.
Page 23 of 90
,f,„zukc ,
T P 3801 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.6840
Facsimile: 763.427.0520
TPCQPIanningCo.corn
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: March 4, 2021
RE: Oak Park Heights— Conditional Use Permits for Rear Yard
Setback and Size of Garage—6188 Beach Road North
TPC FILE: 236.02—21.03
BACKGROUND
Roy Crist has made an application for Conditional Use Permits (CUP) to allow a garage
addition at 6188 Beach Road North. The application is to allow a reduced rear yard
setback and garage size for an addition to the existing house. The detached garage will
be removed. The existing house was constructed approximately one foot from the rear
property line.
The property is zoned R-2 Low and Medium Density Residential District. Single family
dwellings and their accessory structures are permitted uses in that District.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Project Narrative from Roy Crist
Exhibit 2: Air Photo Location Map
Exhibit 3: Site/Grading Plan
Exhibit 4: Main Floor Plan
Exhibit 5: Elevation Plans
PROJECT DESCRIPTION
The project description for the CUP from Roy Crist is as follows:
Why! want to build an attached 3 car garage:
1. The existing garage is falling down.
2. My wife and!are getting up in age. I want to have the laundry room on the first
floor for her, so she does not have to go to the basement to do laundry.
Page 24 of 90
3. A three-car garage will add value to the property, allow my wife and Ito park
inside and for me to put my utility trailer in the garage. 1 have also designed a
room for a workshop for me to use, stay active and enjoy my hobbies.
4. I want to also add a bathroom in the garage because we have one full bath for
the house currently. This too will add value to the property and be useful to us
and future owners.
I understand there are two reasons that are requiring me to have a CUP:
1. Due to the lot size and layout in the old part of town, as the current code requires
a 30-foot setback from the rear lot line, and this is not possible on this lot. The
best that I could get is an eight-foot setback from the west(rear property line).
2. The total size outside dimensions Is 1395 square feet. The garage is connected
to the house with a new mudroom, within the confines of the new garage 1 plan to
add a laundry room and a new bathroom for the house. The square footage of
the new laundry room and the bathroom do reduce the total square footage of
the garage and increase the square footage of the home, which will improve the
value of the property.
ISSUES ANALYSIS
Comprehensive Plan
The property is designated as low density in the Land Use Map. The request for the
garage addition is consistent with the policies related to low density land use.
Zoning
The property is zoned R-2 Low and Medium Density Residential District. Single family
dwellings and their accessory structures are permitted uses in that District. The principal
building setback requirements are found below in the table. Additionally, the limit for
attached and detached accessory building size on a lot is 1,200 square feet and the
proposed size is 1,395 square feet. Exceptions to these provisions can be made by
CUP.
Zoning Requirement Proposed Addition
Front Yard Setback—30 feet 30 feet
Side Yard Setback— 5 feet 20 from North Property Line
Rear Lot Line—30 feet 8 feet(Existing Structure 1 Foot)
Maximum Attached/Detached 1,395 sq ft
Accessory Building — 1,200 sq ft
2
Page 25 of 90
The proposed building will comply with all of the setback requirements except for the
rear property line. A concrete pad is proposed outside of the mud room door near the
rear property line. That pad will be required to be five feet from the property line. The
criteria for reviewing the CUP request are found as follows.
Conditional Use Permits
Section 401.15.C.1.e.5) provides criteria for review of a reduction in a required lot in a
yard. A review of the criteria is as follows:
a) The reduction of setback requirements is based upon specific need or
circumstance which is unique to the property in question and which, if approved,
will not set a precedent which is contrary to the intent of this Ordinance.
Comment: The property is unique in that there is an existing single-family
structure that was constructed one foot off the rear property line. Beach Road is
at an angle to the property leaving the north property depth at 57 feet. There is
limited area to add on to the house within the 30-foot front and 30-foot rear
setback areas. The addition to the house will replace an existing nonconforming
shed that is partially on neighboring properties. The garage, although it exceeds
the allowable size, will not be at odds with other similar requests.
b) Property line drainage and utility easements as required by the City's
Subdivision Ordinance are provided and no building will occur upon this reserved
space.
Comment: The proposed house will not conflict with the property line drainage
or easements.
c) The reduction will work toward the preservation of trees or unique physical
features of the lot or area.
Comment: The Applicant should comment on any proposed removal of trees.
d) If affecting a north lot line, the reduction will not restrict sun access from the
abutting lots.
Comment: The proposed house will not impact sun access for the adjoining
property.
e) The reduction will not obstruct traffic visibility, cause a public safety problem
and complies with Section 401.15.B.6 of this Ordinance.
Comment: The setback of the house addition will not create safety issues.
f) The conditions of Section 401.03.A.7 of this Ordinance are considered and
satisfactorily met.
Comment: The criteria are reviewed below.
3
Page 26 of 90
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.
8. 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 Conditional Use Permit proposed for the site. As
indicated, the shape of the lot and the required setbacks provides difficulties in
allowing for an addition to the house. The existing house is currently set back
one foot from the property line. The garage size request is reasonable based
upon previous requests. City Staff does not see any issues with approving the
application.
CONCLUSION/RECOMMENDATION
Upon review of the request for the Conditional Use Permit to allow a garage addition at
6188 Beach Road North, City staff would recommend the application with the following
conditions:
1. Any exterior mechanical equipment associated with the garage addition
shall be screened.
2. The exterior of the proposed garage addition shall be finished with siding
to match the current house.
3. The Applicant shall apply for and receive a building permit for the
structure.
4. The concrete pad proposed outside of the mud room door shall be
required to be five feet from the property line.
5. The Applicant should comment on any proposed removal of trees.
6. Any other conditions of the Planning Commission, City Council and City
Staff.
Pc: Julie Hultman
4
Page 27 of 90
From: Roy Crist<crist.roy65@gmail.com>
Sent: Friday,January 29,2021 3:17 PM
Why I want to build an Attached 3 car Garage:
1.The existing garage is falling down.
2. My wife and I are getting up in age, I want to me the laundry room on the first floor for her so
she does not have to go to the basement to do laundry.
3.A 3 car garage will add value to the property,allow my wife and I to park inside and for me to put
my utility trailer in the garage. I have also designed a room for a workshop for me to use,stay
active and enjoy my hobbies.
4. I want to also add a bathroom in the garage because we have one full bath for the house
currently.This too will add value to the property and be useful to us and future owners.
I understand there are 2 reasons that are requiring me to have a CUP:
1. Due to the lot size and layout in the old part of town,as the current code requires a 30 setback
from the rear lot line and this is not possible on this lot.The best I could get is an 8 feet setback
from the west(rear)property line.
2.The total size Outside dimensions in square feet of 1395 sq ft,This garage is connected to the
house with a new Mudroom,within the confines of the new garage I plan to add a laundry room
and a new bathroom for the house.The square footage of the new laundry room and the bathroom
do reduce the total square footage of the garage and increase the square footage of the home,
which will improve the value of the property.
I hope that this is useful to the board in reviewing and approving my permit application.
Respectfully Submitted
Roy E Crist.
Page 28 of 90
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Page 02 of 90
1
i
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 ROY CRIST FOR CONDITIONAL USE PERMITS TO
ALLOW A REDUCED REAR YARD SETBACK AND GARAGE SIZE
AT 6188 BEACH ROAD NORTH SHOULD BE APPROVED WITH
CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request by Roy Crist
(Applicant) for Conditional Use Permits to allow an eight-foot rear yard setback for a
garage addition of 1,395 square feet at 6188 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 single family dwellings and accessory structures are a permitted use; and
4. Section 401.15.C.1.d of the Zoning Ordinance requires a 30-foot front
yard setback, 10-foot side yard setback and 30-foot year yard setback in the R-2 Low and
Medium Density Residential District; and
5. The Applicant has proposed an eight-foot setback to the west property line
for the garage addition where a 30-foot setback is required. The existing single-family
dwelling is constructed approximately one foot from the west property line; and
Page 33 of 90
6. Beach Road is at an angle to the property leaving the north property depth
at 57 feet. There is limited area to add onto the house within the 30-foot front and 30-
foot rear setback areas. The addition to the house will replace an existing nonconforming
shed that is partially in neighboring properties; and
7. Section 401.15.0.l.e.5 of the Zoning Ordinance allows for a required yard
on a lot to be reduced by a Conditional Use Permit if conditions are met; and
8. Section 401.15.D.6 of the Zoning Ordinance limits the combination of
attached and detached garages to 1.200 square feet. The Applicant is requesting a 1,395
square foot garage to accommodate a laundry room and bathroom for the house; and
9. Section 401.15.D.6 of the Zoning Ordinance allows the garage size to
exceed the limit by Conditional Use Permit if conditions are met; and
10. City staff prepared a planning report dated March 4, 2021 reviewing the
request; and
11. Said report recommended approval of the Conditional Use Permits in they
were in conformance with the criteria for issuance of Conditional Use Permits found in
Section 401.15.C.1.e.5, and Section 401.03.A.7 of the Zoning Ordinance. Said
recommendation was subject to the fulfillment of conditions; and
12. The Planning Commission held a public hearing at their March 11, 2021
meeting, took comments from the applicants and public, closed the public hearing, and
made the following recommendation:
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 Roy Crist (Applicant) for Conditional Use Permits
to allow an eight-foot rear yard setback for a garage addition of 1,395 square feet at 6188
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 with the following conditions:
1. Any exterior mechanical equipment associated with the garage addition shall be
screened.
2. The exterior of the proposed garage addition shall be finished with siding to
match the current house.
2
Page 34 of 90
3. The Applicant shall apply for and receive a building permit for the structure.
4. The concrete pad proposed outside of the mud room door shall be required to be
five feet from the property line.
5. The Applicant shall provide a plan for any removal of trees.
6. Any other conditions of the Planning Commission, City Council and City Staff.
Recommended by the Planning Commission of the City of Oak Park Heights this
11 th day of March 2021.
Timothy Freeman, Chair
ATTEST:
Eric A. Johnson, City Administrator
3
Page 35 of 90
ATTACHMENT A
Conditional Use Permits
For
Rear Yard Setback Reduction to 8-Feet
And
To Construct A 1,395 S.F. Garage
At
6188 Beach Rd. N.
Washington County Property PIN: 34.030.20.33.0139
Page 36 of 90
ATTACHMENT B
Conditional Use Permits
For
Rear Yard Setback Reduction to 8-Feet
And
To Construct A 1,395 S.F. Garage
At
6188 Beach Rd. N
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Public Hearing& Recommendation: March 11, 2021
Required Approvals: CUP Amendment
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 37 of 90
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 ROY CRIST FOR CONDITIONAL USE PERMITS TO
ALLOW A REDUCED REAR YARD SETBACK AND GARAGE SIZE
AT 6188 BEACH ROAD NORTH BE APPROVED WITH
CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request by Roy Crist
(Applicant) for Conditional Use Permits to allow an eight-foot rear yard setback for a
garage addition of 1,395 square feet at 6188 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 single family dwellings and accessory structures are a permitted use; and
4. Section 401.15.C.l.d of the Zoning Ordinance requires a 30-foot front
yard setback, 10-foot side yard setback and 30-foot year yard setback in the R-2 Low and
Medium Density Residential District; and
5. The Applicant has proposed an eight-foot setback to the west property line
for the garage addition where a 30-foot setback is required. The existing single-family
dwelling is constructed approximately one foot from the west property line; and
Page 38 of 90
6. Beach Road is at an angle to the property leaving the north property depth
at 57 feet. There is limited area to add onto the house within the 30-foot front and 30-
foot rear setback areas. The addition to the house will replace an existing nonconforming
shed that is partially in neighboring properties; and
7. Section 401.15.C.1.e.5 of the Zoning Ordinance allows for a required yard
on a lot to be reduced by a Conditional Use Permit if conditions are met; and
8. Section 401.15.D.6 of the Zoning Ordinance limits the combination of
attached and detached garages to 1,200 square feet. The Applicant is requesting a 1,395
square foot garage to accommodate a laundry room and bathroom for the house; and
9. Section 401.15.D.6 of the Zoning Ordinance allows the garage size to
exceed the limit by Conditional Use Permit if conditions are met; and
10. City staff prepared a planning report dated March 4, 2021 reviewing the
request; and
11. Said report recommended approval of the Conditional Use Permits in they
were in conformance with the criteria for issuance of Conditional Use Permits found in
Section 401.15.C.1.e.5, and Section 401.03.A.7 of the Zoning Ordinance. Said
recommendation was subject to the fulfillment of conditions; and
12. The Planning Commission held a public hearing at their March 11, 2021
meeting, took comments from the applicants and public, closed the public hearing,and
recommended the application with conditions.
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 Roy Crist (Applicant) for Conditional Use Permits
to allow an eight-foot rear yard setback for a garage addition of 1,395 square feet at 6188
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 conditions:
1. Any exterior mechanical equipment associated with the garage addition shall be
screened.
2. The exterior of the proposed garage addition shall be finished with siding to
match the current house.
2
Page 39 of 90
3. The Applicant shall apply for and receive a building permit for the structure.
4. The concrete pad proposed outside of the mud room door shall be required to be
five feet from the property line.
5. The Applicant shall provide a plan for any removal of trees.
Approved by the City Council of the City of Oak Park Heights this 23r1 day of
March 2021.
Timothy Freeman, Chair
ATTEST:
Eric A. Johnson, City Administrator
3
Page 40 of 90
ATTACHMENT A
Conditional Use Permits
For
Rear Yard Setback Reduction to 8-Feet
And
To Construct A 1,395 S.F. Garage
At
6188 Beach Rd. N.
Washington County Property PIN: 34.030.20.33.0139
Page 41 of 90
ATTACHMENT B
Conditional Use Permits
For
Rear Yard Setback Reduction to 8-Feet
And
To Construct A 1,395 S.F. Garage
At
6188 Beach Rd. N
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Public Hearing& Recommendation: March 1 1,2021
Required Approvals: CUP Amendment
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 42 of 90