HomeMy WebLinkAbout2021-04-29 WC Recorded CUP #4309687 Receipt:#538775 4309687
USE $48.00
Return to: ILE III 1111 I 11111111 11 Ell
4844 North 300 West
Suite 202 Certified Filed and/or recorded on:
Provo UT 84604 4/29/2021 9:23 AM
4309687
Office of the County Recorder
Washington County,Minnesota
Debra Ledvina,County Recorder
DRAFTED BY/RETURN TO:
Kevin S. Sandstrom
Eckberg Lammers,P.C.
1809 Northwestern Avenue
Stillwater,MN 55082
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 Permit
For
Setbacks&Accessory Structure Size
For Garage Structure
At
6188 Beach Road N.
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 of Oak Park Heights, this 21st day of
April,2021.
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CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT FOR
SETBACKS AND ACCESSORY STRUCTURE SIZE FOR
GARAGE STRUCTURE AT 6188 BEACH ROAD NORTH
Planners File No.236.02-21.03 Date Issued:March 23,2021
Legal Description: (Washington County Geo.Code: 34.030.20.33.0139)
SEE ATTACHED EXHIBIT A
Owners:Roy Crist&Randee Tuma-Crist
6188 Beach Road North
Oak Park Heights,MN 55082
Applicant:Roy Crist
Site Address: 6188 Beach Road North, Oak Park Heights
Present Zoning District:R-2,Low and Medium Density Residential
Conditional use required as set forth in Ordinance Chapter 401 Section 401.15.C.1,401.15.D.6
I. CONDITIONAL USE PERMITS: The Applicant applied for a CUP for an attached 3-car garage
structure plus inclusive mudroom, laundry, and bathroom facility, totaling 1,395 sq. feet and with a
rear lot line setbacks of 8 feet for the structure and an additional concrete pad within 5 feet of the
rear lot line. Applicable zoning code provides for a maximum accessory garage structure size of
1,200 sq. feet and a rear lot line setback of 30 feet. The property contains an existing dilapidated
and non- conforming detached garage which encroaches over the property lines onto neighboring
lots,and which the Applicant proposes to demolish and replace with the proposed attached garage.
The City received a request for a Conditional Use Permit from Owners. The CUP is required to
allow the total proposed square footage floor area of the garage and the rear lot line variance.
The property is unique given that the existing home structure was build within 1 foot of the rear
lot line, and Beach Road runs at an angle to the property resulting in an odd-shaped lot that is
only 57 feet deep at the north end of the lot, leaving very limited area to add an attached garage
to the house. The proposed attached garage will not be out of character for the neighborhood.
The Planning Commission held a public hearing, reviewed the application, and recommended
approval with conditions on May 11,2021. The City Council reviewed the matter at its meeting
on March 23, 2021 and determined that the Conditional Use Permit is in conformance with the
standards and criteria for issuance of Conditional Use Permits found in Section 401.15.D, and
Section 401.15.0 of the Zoning Ordinance.
The City approves the requested conditional use to allow an eight-foot rear yard setback for a
1
garage addition of 1,395 square feet, subject to the following conditions and restrictions imposed
by Resolution of the Oak Park Heights City Council dated March 23,2021 as follows:
1. Any exterior mechanical equipment associated with the garage addition shall be screened.
2. The garage addition exterior 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 outside of the mud room door shall be five feet or more from the
property line.
5. The existing detached garage shall be fully demolished and removed from the site.
Owner shall provide a plan for any removal of trees subject to review and approval of the City
Arborist.
II. Reference Attachment: The City Planner's reports prepared by City staff,dated March 4,2021,
is annexed hereto by reference as"Exhibit B".
III. Abandonment: This amended permit requires continuous use in order to preserve the
Conditional Use 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.
IV. Annual Review:Annual review is not imposed as a condition of this permit.
IN WITNESS WHEREOF,the Parties have set forth their hands and seals.
CITY 'OAIt ' RK .0.IGITTS
--2Jz I B ``
Dated: _ y. �
M.. ' C. fiber,Mayor
Dated: - i i `Z.11/
By:
pc .6- • ► Administrator
OWN'
Dated: �� 2 '� Y•
jf— B i j
• • E. Crist
Instrument Drafted By:
Kevin S. Sandstrom
Eckberg Lammers,P.C.
1809 Northwestern Avenue
Stillwater,MN 55082
2
EXHBIT A
LEGAL DESCRIPTION
LOT LINE SETBACK CUP FOR GARAGE AT 6188 BEACH ROAD N.
Legal Description:
All that part of Lots 4, 5 and 6,lying West of Beach Road North; the Easterly 32 feet of Lots 15, 16 and
17; the vacated alley between said Lots 4,5 and 6 and Lots 15,16,and 17; all in Block 20 Elfelt's
Addition to Oak Park,Except parcel 5 of WASHINGTON COUNTY,MINNESOTA
Washington County Parcel ID Number: 34.030.20.33.0139
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EXHIBIT "B"
PLANNERS REPORT AND SITE PLAN
4
E,ddx, ut, 2
3001T Thurston Avenue N,Suite 100
Metra. MN 80903
Phone:703.281.6840
Faoeimile;703.427.0620
TPC@PIannIngCo.00m
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: 235.02—21.03
BACKGROUND
Roy Crist has made an appNcation for Conditional Use Permits (CUP) to allow a garage
addition at 6188 Beach Road North. The appNcation is to avow 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: Slte/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 I want to build an attached 3 car garage:
1. The existlng garage Is faiNng down.
2. My wife and I aria getting up in age. I want to have the/sundry room on the first
floor for her, so she does not have to go to the basement to do laundry.
3. A three-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
1 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 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.
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
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 wil 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 win 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
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 Provision of the municipal comprehensive plan.
2. The conformity with present and Uwe land uses in the wee.
3 The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the wee 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 imps upon existing public services and facilities including parks, schools, streets,
and utilities, and the Crty's service capacity.
9. The proposed use's conformity with all performance standards contained herein (Le.,
parking, loading, noise, eta).
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 shalt be
required to be five feet from the property line.
5. The Applicant shouki comment on any proposed removal of trees.
8. Any other conditions of the Planning Commission, City Council and City
Staff.
Pc: Julie Hultman
4
ei
From:Roy Crist.ccrtst.roy65figmail.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 l are getting up in age,I want tome 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 fora 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 wlN 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 Grist
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