HomeMy WebLinkAbout2022-09-27 CC Meeting Packet Enclosure0
Oak Park Heights
Request for Council Action
Meeting Date September 27th. 2022
Time Required: 5 Minutes
Agenda Item Title: R. Nelson — Conditional Use Permit — Driveway Curb Cut —
Agenda Placement New Business
Originating Department/Requestor: Eric Johnson. City Administrator
Requester's Signature 40" -
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: 9/1/22
2. Planning Commission— Summary Memo and Findings dated 9/20/22:
3. Proposed City Council Resolution.
Page 73 of 102
3e01 Thurston Avenue N. Suite 100
Anoka, MN BB303
Phone: 763.231.5640
Facsimile: 76a.427.0520
TPCTPC@Plann1ngCo.00m
MEMORANDUM
TO:
FROM:
DATE:
RE:
TPC FILE:
BACKGROUND
Eric Johnson
Scott Richards
September 1, 2022
t> z
Oak Park Heights - Conditional Use Permit for Driveway Curb Cut -
15242 64th Street North
236.05 — 22.01
Rick Nelson (Applicant) has made an application for a Conditional Use Permit to allow a
curb cut of more than 24 feet at 15242 641h Street North. The Applicant was granted a
Conditional Use Permit in July of 2020 for an attached garage and house addition. The
driveway Is now ready to be completed and the Applicant has requested a 60 foot curb
cut.
The property is zoned R-2 Low and Medium Density Residential District. Single-family
and two-family dwellings and their accessory structures are permitted uses in that
District.
IWA:11:1k&I
The review is based upon the following submittals:
Exhibit 1:
Project Narrative
Exhibit 2:
Site Plan
Exhibit 3:
Building Plan
Exhibit 4:
Air Photo of Property
Exhibit 5:
Site Plan Approved — July 2020
Exhibit 6:
CUP Resolution Approved — July 2020
Exhibit 7:
Site Picture
PROJECT DESCRIPTION
The project description and justification for the Conditional Use Permit from Rick Nelson
is as follows:
Page 74 of 102
We would like to pour a driveway that is wider than the standard 24 ft. Our garage
width is 30 R facing the street. To make the appearance more esthetically pleasing, we
would like to have straight lines. If we do the standard 24 -foot curb cut and then widen
the driveway out from there it does not look good. I would like to have a driveway that is
all concrete instead of a driveway that is 2/3 concrete and 1/3 rock/gravel. Our family is
growing, and the additional space is what we need. In 8 years, our oldest will be turning
16 and have his own car. The two-bedroom ADU/Apartment above the garage will be
for guests and/or visiting family members.
As can be seen from the site photo, a surmountable curb is in place along the length of
the property. The site plan indicates that the proposed driveway will extend along the
entire length of the garage to within five feet of the property line. The air photo shows
that the right of way of 601 Street is 60 feet wide. The property line is 6.2 feet from the
front of the house and 22.7 feet from the front of the garage. The area of the boulevard
from the property line to the curb of 641 Street is approximately 17 feet. A significant
portion of the new driveway will be on City right of way.
Note in Exhibit 5, the approved site plan under the 2020 Conditional Use Permit
indicated a 24 foot curb cut.
ISSUES ANALYSIS
Comprehensive Plan. The property is designated as Low Density Residential in the
Comprehensive Land Use Map.
Zoning. The property is zoned R-2 Low and Medium Density Residential District -
Single -family and two-family dwellings and their accessory structures are permitted
uses in that District.
Section 401.15.F.4.h.8 of the Zoning Ordinance states the following:
Curb Cut Size. No curb cut access shall exceed twenty four feet (24) in width, or thirty
two feet (32) when accessing a State highway, except by conditional use permit.
The intent of this requirement is to maintain a residential look to the street and
neighborhood. A 60 feet driveway is not compatible with the neighborhood and
exceeds what is normally allowed for a single family house. Staff has reviewed the
request and would recommend that the curb cut for the driveway be no more than 30
feet, which is the width of the garage. That would be more consistent and keeping with
the residential nature of the neighborhood. The Applicant would be allowed to keep the
parking pad on the side of the garage, but a 15 foot grassed boulevard area would need
to be maintained to limit access directly onto 601 Street.
The criteria for reviewing the Conditional Use Permit request is reviewed later in this
report.
Drainage/Utilities. The City Engineer reviewed the drainage for the site as part of the
2020 approvals and has no additional comments regarding the driveway.
L
Page 75 0f 102
Conditional Use Permits. Application for a Conditional Use Permit shall be regulated
by Section 401.15.1.e.5). of the Zoning Ordinance. A Conditional Use Permit may be
granted provided that:
The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning
Ordinance, are found as follows:
1
2
3.
4.
5.
1.1
7
91
Relationship to the specific policies and provisions of the municipal
comprehensive plan.
Comment: The use of the property as a single family dwelling is consistent with
the Comprehensive Plan.
The conformity with present and future land uses in the area.
Comment: A 60 foot curb cut in this neighborhood is not consistent.
The environmental issues and geographic area involved.
Comment: No environmental issues result from this request.
Whether the use will tend to or actually depreciate the area in which it is
proposed.
Comment: The 60 foot curb cut is not consistent with the neighborhood and
could depreciate the surrounding area.
The impact on character of the surrounding area.
Comment: There would be a negative impact of a curb cut that is not consistent
with the neighborhood. In reviewing surrounding properties, most of the curb
cuts are between 24 and 28 feet in width. A 30 foot curb cut, as suggested by
Staff, is consistent.
The demonstrated need for such use.
The Applicant has not adequately demonstrated the need for the 60 foot curb cut.
Traffic generation by the use in relation to capabilities of streets serving the
property.
Comment: There should be no issues with traffic.
The impact upon existing public services and facilities including parks, schools,
streets, and utilities, and the City's service capacity.
Comment: There should be no impact on public services or facilities.
Page 75 of 102
9. The proposed use's conformity with all performance standards contained herein
(i.e., parking, loading, noise, etc.).
Comment: The request is not In conformance with the performance standard
related to curb cuts.
CONCLUSION/RECOMMENDATION
Upon review of the request for the for a Conditional Use Permit to allow a curb cut of
more than 24 feet at 15242 641" Street North, City Staff would recommend that the
request for a 60 foot curb cut be denied, but a 30 foot curb cut be allowed at the front of
the garage with the following conditions:
1. The City Engineer will review and approve the drainage for the site and
placement of the driveway.
2. The final curb cut, and driveway design shall be subject to approval of City
Staff.
3. An area of boulevard, at least 15 feet wide shall be planted with grass and
maintained from the west property line to the curb cut.
4. Any other conditions of the Planning Commission, City Council and City
Staff.
4
Page n of 102
Rick Nelson
15242 60 Street North
Oak Park Heights Mn 55082
We would like to pour a driveway that is wider that the standard 24 ft. Our Garage width is 3Oft facing
the street. To Make the appearance more astatically pleasing we would like to have straight lines. If we
do the standard 24 -foot curb cut and then widen the driveway out from there It does not look good. I
would like to have a driveway that is all concrete instead of a driveway that is Z/3 concrete and 1/3
rock/gravel. Our family is growing and the additional space is what we need. In 8 years, our oldest will,
be turning 16 and have his own car. The two-bedroom ADU/Apartment above the garage will be for
guests and or visiting family members.
Thank you.
Page 78 of 102
O&� Q�rizl�u�oh � 55 .
S(
'AV- 14 11
&� 12-
hp,�
Page 79 of 1f �LJ
Fn
d
T
�
.V
V l
7
L
I
X
hp,�
Page 79 of 1f �LJ
Fn
r ' /'3
M015]II lYI1N]O�S3! � � r1E �' (§
I+ilftt��j
Page 80 of 102
r+
'u
L
L
i.
a�
ff�� $ �� � •�aarowrQad q�Igl
I IE
LIN
IM
f�
P of « �
fill big ,
a
r1�
&� 4.5
J<U
L46 01114
Page 82 of 102
RESOLUTION NO. 20-07-34
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF APPROVAL OF THE CITY COUNCIL THAT
THE REQUEST BY RICK NELSON FOR A FRONT YARD
SETBACK CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF AN ATTACHED GARAGE AND HOUSE AT
15242 64" STREET NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request by Rick Nelson
(Applicant) for a front yard setback Conditional Use Permit to allow construction of an
attached garage and house at 15242 646 Street North; and after having conducted a
public hearing relative thereto, the Planning Commission of Oak Park Heights
recommended the application be approved with conditions. The City Council of the City
of Oak Park Heights makes the following findings of fact and resolution:
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 and two-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 Single
Family Residential District; and
5. The Applicant proposes to remove the existing garage, add a 1,200 square
foot garage and house addition, as well as a living unit in the second story for use by
family members; and
Page a3 of 102
6. The existing house is set back 6.2 feet from the right of way of 64`h Street
and is a legal nonconforming structure. The Applicant has proposed that the garage will
be 22.7 feet from the right of way of 64`h Street. Section 401.15.A.10 of the Zoning
Ordinance states that if the garage and addition had been proposed at 30 feet, an
administrative approval could be granted but in that the addition is proposed at less than
the 30 foot setback, a Conditional Use Permit is required; 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_ City staff prepared a planning report dated July 16, 2020 reviewing the
request; and
9. Said 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.C.1.e.5, 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 23, 2020
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 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. 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. All required utility and drainage easements will be provided with
documentation to the City. The lot combination approval will need to be
filed with Washington County,
3. If the unit is rented to uon-family, it will need to comply with all Zoning
Ordinance requirements for a two-family unit.
4. Any exterior mechanical equipment associated with the garage and
addition shall be screened.
Page 84 of 102
5. The exterior of the proposed garage and addition shall be finished with
siding to match the current home exterior.
6. The applicant shall apply for and receive a building permit for the
structure.
7. Any other conditions of the Planning Commission, City Council and City
Staff.
ie City of Oak Park Heights this 28h day of
3
Mayor
Page 85 of 102
ATTACHMENT A
Conditional Use Permit
Front Yard Setback Reduction
Rick & Tlanna Nelson
15242 641f' St. N.
Washington County Parcel ID Number: 34.030.20.32.0001
Legal Description: Lot 1 thru 3, Block 1; McKenty's Addition to Stillwater
Page 86 of 102
ATTACHMENT B
Conditional Use Permit
Front Yard Setback Reduction
Rick & Ttanna Nelson
15242 64°i St. N.
Application Materials
Application Form
• Fees
Plan Sets
Written Narrative and Graphic Materials [Explaining Proposal
Mailing List from Washington County (3507150' from subject property)
Proof of Ownership or Authorization to Proceed
Property Tax Statement(syLegal Description(s)
Planning Commission Public Hearing & Recommendation: July 23, 2020
Required Approvals. CUP
City Council 415
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 sold approval. (401.03.C.4.a and b)
Page 87 of 102
'00
MEMORANDUM
TO:
FROM:
DATE:
RE:
TPC FILE:
BACKGROUND
Eric Johnson
Scott Richards
September 20, 2022
Oak Park Heights - Conditional Use Permit for Driveway Curb Cut -
15242 64th Street North
236.05 - 22.01
Rick Nelson (Applicant) has made an application for a Conditional Use Permit to allow a
curb cut of more than 24 feet at 15242 64th Street North. The Applicant was granted a
Conditional Use Permit in July of 2020 for an attached garage and house addition. The
driveway is now ready to be completed and the Applicant has requested a 60 foot curb
cut.
The property is zoned R-2 Low and Medium Density Residential District. Single-family
and two-family dwellings and their accessory structures are permitted uses in that
District.
The Planning Commission, at their September 8, 2022, meeting held a public hearing,
took the Applicant's and public comments, and after consideration of the application
unanimously recommended approval with the condition that the curb cut be no more
than 30 feet in width and that a 15 foot boulevard be maintained. The recommended
conditions are found below and in the City Council resolution.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Planning Report with Exhibits - September 1, 2022
CONCLUSION/RECOMENDATION
Upon review of the request for the for a Conditional Use Permit to allow a curb cut of
more than 24 feet at 15242 641h Street North, the Planning Commission recommended
that the request for a 60 foot curb cut be denied, but a 30 foot curb cut be allowed at the
front of the garage with the following conditions:
Page 89 of 102
The City Engineer will review and approve the drainage for the site and
placement of the driveway.
The final curb cut, and driveway design shall be subject to approval of City
Staff. The curb cut shall be limited to no more than 30 feet in width.
3. An area of boulevard, at least 15 feet wide from the curb of 64th Street
shall be planted with grass or landscaping (not including gravel, pavers or
other drive -able hard surface) and maintained from the west property line
to the curb cut.
Pc: Julie Hultman
Page 90 of 102
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF APPROVAL OF THE CITY COUNCIL THAT
THE REQUEST BY RICK NELSON FOR A CONDITIONAL USE
PERMIT TO ALLOW A CURB CUT OF MORE THAN 24 FEET
AND LIMITED TO 30 FEET IN WIDTH AT 15242 64TH STREET
NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request by Rick Nelson
(Applicant) for a curb cut of more than 24 feet at 15242 64th Street North; and after
having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights recommended 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 and two-family dwellings and accessory structures are a permitted
use; and
4. Section 401.15.F.4.h.8 of the Zoning Ordinance states the following:
Curb Cut Size. No curb cut access shall exceed twenty four feet (24) in width, or thirty
two feet (32) when accessing a State highway, except by conditional use permit; and
5. The driveway is now ready to be completed and the Applicant has
requested a 60 foot curb cut; and
Page 91 of 102
6. A surmountable curb is in place along the length of the property. The site
plan provided by the Applicant indicates that the proposed driveway will extend along
the entire length of the garage to within five feet of the property line; and
7. The air photo of the site shows that the right of way of 64'h Street is 60
feet wide. The property line is 6.2 feet from the front of the house and 22.7 feet from the
front of the garage. The area of the boulevard from the property line to the curb of 641
Street is approximately 17 feet. A significant portion of the proposed driveway will be
on City right of way; and
8. City staff prepared a planning report dated September 1, 2022, reviewing
the request; and
9. Said report recommended approval of the Conditional Use Permit with the
condition that a maximum of a 30 foot curb cut be allowed at the front of the garage. Said
recommendation was subject to the fulfillment of conditions; and
10. The Planning Commission held a public hearing at their September 8,
2022, meeting, took comments from the applicants and public, closed the public hearing,
and recommended the application with conditions including limiting the curb cut on 64'x'
Street to 30 feet.
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 Rick Nelson for a curb cut of more than 24 feet at
15242 641h Street North.
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:
The City Engineer will review and approve the drainage for the site and
placement of the driveway.
2. The final curb cut, and driveway design shall be subject to approval of
City Staff. The curb cut shall be limited to no more than 30 feet in width.
3. An area of boulevard, at least 15 feet wide from the curb of 64' Street
shall be planted with grass or landscaping (not including gravel, pavers or
other drive -able hard surface) and maintained from the west property line
to the curb cut of the driveway.
Page 92 of 102
Approved by the City Council of the City of Oak Park Heights this 27`h day of
September 2022.
Mary McComber, Mayor
ATTEST:
A. Johnson, City Administrator
Page 93 of 102
ATTACHMENT A
IM
Conditional Use Permit
To Allow
A Curb Cut More Than 24 -Feet
And Limited To 30 -Feet In Width
Pickle Nelson
15242 641" St. N.
Washington County Property Identification Number: 34.030.20.32.0152
Legal Description: Lot 1, 2 & 3, Block I and Lot 31, Block 1, McKentys Addition
Page 94 of 102
ATTACHMENT B
Conditional Use Permit
To Allow
A Curb Cut More Than 24 -Feet
And Limited To 30 -Feet In Width
Rickie Nelson
15242 64th St. N.
Application Materials
• Application Form
• Fees
• Written Narrative and Graphic Materials Explaining Proposal
• Plan Sets
• Proof of Ownership or Authorization to Proceed
Planning Commission Review & Recommendation: September 8, 2022
Conditional Use Permit:
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 95 of 102
THIS PAGE INTENTIONALLY LEFT BLANK
Page 96 of 102