HomeMy WebLinkAbout2022-10-12 OPH Request to CA to Record CUP Julie Hultman
From: Julie Hultman
Sent: Wednesday, October 12, 2022 3:47 PM
To: Kevin Sandstrom
Cc: Eric Johnson
Subject: Nelson CUP - Recording Request
Attachments: SKMBT_C55422101214390.pdf
Hello Kevin,
Please record the attached CUP document at your earliest. Let me know if you have any issue with the attachement.
Thank you,
Julie Hultman Building Official
Planning&Code Enforcement
Office: 651.351.1661
From: bizhubC554@cityofoakparkheights.com <bizhubC554@cityofoakparkheights.com>
Sent:Wednesday, October 12, 2022 3:40 PM
To:Julie Hultman<jhultman@cityofoakparkheights.com>
Subject: Message from KMBT_C554
1
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
To Allow A Curb Cut of More Than 24 -Feet
Limited to 48 -Feet In Width
At
15242 64`h St. 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 12th day of
October, 2022.
City dministrator
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT TO ALLOW A CURB CUT OF MORE THAN 24 FEET AND
LIMITED TO 48 FEET IN WIDTH AT 15242 64TH STREET NORTH
Planners File No.: 236.05 — 22.01 Date Issued: October 5, 2022
City Council Approval September 27, 2022
Legal Description: (Washington County Geo. Code 34.030.20.32.0001)
Lot 1 thru 3, Block 1, McKenty's Addition to Stillwater
Owner: Rick and Tianna Nelson
15242 60 St. N.
Oak Park Heights, MN 55082
Applicant: Rick and Tianna Nelson
15242 60 St. N.
Oak Park Heights, MN 55082
Site Address: 15242 64TH STREET NORTH,
OAK PARK HEIGHTS, MN 50082
Present Zoning District: R-2
Permitted uses set forth in Ordinance 401 Section 401.03.C.4
CUP PERMIT FOR:
The City of Oak Park Heights approved an application from Rick and Tianna Nelson for a Conditional
Use Permit. The City approved a 48 foot curb cut be allowed at the front of the garage with conditions.
APPLICANT NARRATIVE: Rick and Tianna Nelson will pour a driveway that is wider than the
standard 24 foot. The Garage width is 30 foot facing the street. To Make the appearance more
esthetically pleasing the driveway will have straight lines, The driveway will be all concrete
instead of a driveway that is 2/3 concrete and 1/3 rock/gravel. The family is growing and the
additional space is what they need. In 8 years, the 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 64th 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 64th Street is approximately 17 feet. A significant
portion of the new driveway wilt be on City right of way.
Planning Staff prepared planning reports dated September 1, 2022, reviewing the request, and the Planning
Commission held a public hearing on September 8, 2022 and recommended approval of a 30 foot curb cut
with conditions. The City Council considered all materials, staff reports, and recommendations on
September 27, 2022 and passed a Resolution approving the Conditional Use Permit subject to conditions
as follows:
II. ADDITIONAL RESTRICTIONS AND 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 48 feet in width.
An area of boulevard, at least 15 feet in depth from the curb of 64' Street shall be planted
with grass and landscaping to include substantial bushes and/or trees (not including gravel,
pavers, or other drivable hard surface) and maintained from the west property line to the
curb cut of the driveway.
III. Reference Attachment:
The report of the City Planner dated September 1, 2022, and all exhibits and site plans approved by
the City Council are annexed hereto by reference as Exhibit A.
IV. Abandonment: This permit requires continuous use in orderto 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 void the permit.
V. Annual review: An annual review is not imposed as a condition of this permit.
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
Date: "�/
Date: !d 101-
Date: /0- C ' as
,RK HEIGHTS
L Z4,11
;r, Mayor
City Administrator
Tiana Nelson
Date: 10 - 7- 2-2 By x�
Rick Nelson
This instrument drafted by:
Eckberg Lammers, P.C. (KSS)
1809 Northwestern Avenue
Stillwater, MN 55082
TPC3801 Thurston Avenue N. Suite 100
Anoka, MN 55303
Phone: 763.231.5640
Facsimile: 763.42 7.05 20
TPGPP1anningCo.00m
MEMORANDUM
TO:
FROM:
DATE:
RE:
TPC FILE:
BACKGROUND
Eric Johnson
Scott Richards
September 1, 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 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.
EXHIBITS
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 or 102
We would like to pour a driveway that is wider than the standard 24 ft. Our garage
width is 30 ft 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. t 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 ADUTApartment 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 64f" 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 64'^ 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.
.. Page 75 of 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. 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.
2. The conformity with present and future land uses in the area.
Comment: A 60 foot curb cut in this neighborhood is not consistent.
3. The environmental issues and geographic area involved.
Comment: No environmental issues result from this request.
4. 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.
5. 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.
6. The demonstrated need for such use.
The Applicant has not adequately demonstrated the need for the 60 foot curb cut.
7. Trak generation by the use in relation to capabilities of streets serving the
property.
Comment: There should be no issues with traffic.
8. 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.
3
Page 76 of 102
9. The proposed use's conformity with alt 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.
CON CLUSIONlRECOMMENDATION
Upon review of the request for the for a Conditional Use Permit to allow a curb cut of
more than 24 feet at 15242 6401 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 77 of 107
Rick Nelson
15242 640 Street North
Oak Park Heights Mn 55082
We would like to pour c driveway that is wider that the standard 24 ft. Our Garage width is 30ft 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 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 AOU/Apartment above the garage will be for
guests and or visiting family members.
Thank you.
Page 78 of 102
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