HomeMy WebLinkAbout2023-08-22 CC Packet Enclosure Oak Park Heights
Request for Council Action
Meeting Date August 22nd 2023
Time Required: 5 min
Agenda Item Title: Conditional Use Permit- 15405 57th Street- Hays - Rear/Side Yard Setback
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 enclosed information from Scott Richards, City Planner:
1. Planning report dated - August 3`d, 2023
2. Approved Planning Commission REPORT - Unsigned. DATED 8/16/23
3. Proposed City Council Resolution
Page 99 of 134
TPC3601 Thurston Avenue N,Suite 100 ..
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPCa@PlanningCo.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: August 3, 2023
RE: Oak Park Heights— Conditional Use Permit for Setbacks - New
House Construction — 15405 57th Street North
TPC FILE: 236.05—23.01
BACKGROUND
Chris and Kim Hays have made an application tor a Conditional Use Permit to allow for
front, rear, and side yard setback allowances. This lot was created by a minor
subdivision process in which two lots were created. The subject lot bordering on 57th
Street is 14,961 square feet and the second lot on 56th Street is 30,000 square feet.
The house at 5655 Peller Avenue was constructed on the larger lot in 2019. A
Conditional Use Permit was granted to vary from the rear setback by the City Council in
February of 2019.
The property is zoned R-1 Single Family Residential District. Single family dwellings
and their accessory structures are permitted uses in that District. A Conditional Use
Permit is required for reductions in a required yard.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Project Narrative
Exhibit 2: Location Map
Exhibit 3: Survey and Site Plan
Exhibit 4: Proposed House Elevations
Exhibit 5: Foundation Plan
Exhibit 6: First Floor Plan
Exhibit 7: Second Floor Plan
Exhibit 8: Section Diagrams
PROJECT DESCRIPTION
The project description from Chris Hays is as follows:
Page 100 of 134
I'm looking to get a CUP for our house in Oak Park Heights. 1 am aware that the front
porch and rear porch are encroaching on the setbacks. I had the surveyor place the
house on the lot as such to preserve as many trees as possible.
ISSUES ANALYSIS
Comprehensive Plan
The property is designated as Low Density Residential in the Comprehensive Plan
Proposed Land Use Map. The single-family house is consistent with the
Comprehensive policies related to low density land use.
Zoning
The property is zoned R-1 Single Family Residential District. Single family dwellings and
their accessory structures are permitted uses in that District. The setbacks in the R-1
District require a 30-foot front yard setback, but Section 401.15.C.1 D. provides a
different requirement if there are existing structures on the block:
Where adjacent structures within same block have front yard setbacks different from
those required, the front yard minimum setback shall be the average of the adjacent
structures. If there is only one (1) adjacent structure, the front yard minimum setback
shall be the average of the required setback and the setback of adjacent structures.
The front yard for the subject property is on Peller Avenue. The house at 5655 Peller
Avenue is setback 25.1 feet from the property line. Taking the average of that setback
and the required setback of 30 feet, results in a setback requirement of 27.5 feet. The
proposed structure is 25.3 feet from the property line.
The side yard setback requirement is 10 feet, but not less than 30 feet if the lot is on a
corner. The setback requirement for the 57th Street side yard is 30 feet. The porch is at
a 20 foot setback, while most of the house is at 30 feet or 33 feet. The opposite side
yard, adjacent to 5655 Peller Avenue, is a 10 foot requirement, and 20 feet is proposed
to preserve trees.
The rear yard setback requirement is 30 feet. The house is proposed at 21.1 feet. The
criteria for reviewing the CUP request are found as follows in this report.
Conditional Use Permit Review and Criteria:
The Applicant has provided justification for the reduced setbacks by indicating that trees
will be preserved. For the Planning Commission review, the Applicant shall indicate
which and how many of the trees in the side yard will be preserved.
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:
2
Page 101 of 134
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: Due to the definitions of front yard in the Zoning Ordinance, the front
lot line is on Peller Avenue. This lot is unique because of its orientation to the
two street frontages which limits the buildable area. The existing house at 5655
Peller Avenue is at a setback of 21.1 feet and the subject property house is at
25.3 feet to Peller Avenue. The house to the east at 15433 57th Street is
setback 30 feet to 57th Street.
The house has been positioned to preserve trees, and the design of the house is
broken into segments with a front porch, use of dormers, and variations in the
wall setbacks to give the house architectural interest.
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. The City Engineer will review the plans for any drainage impacts
to surrounding neighbors.
c) The reduction will work toward the preservation of trees or unique physical
features of the lot or area.
Comment: The existing trees to the south of the house will be preserved with
the proposed orientation of the house on the lot. The Applicant shall indicate
which and how many of the trees in the side yard will be preserved.
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 401,15.8.6 of this Ordinance.
Comment: The setback of the house will not create safety issues.
f) The conditions of Section 401.03.A.7 of this Ordinance are considered and
satisfactorily met.
Comment: The conditions have been reviewed and City Staff does not see any
conflict with the house in the proposed location on the lot. Those conditions are
found as follows:
3
Page 102 of 134
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. 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
(Le., parking, loading, noise, etc.).
Comment: The Planning Commission should comment if any of these criteria
will be at odds with the CUP proposed for the site.
Drainage/Utilities
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.
CONCLUSION/RECOMMENDATION
Upon review of the request for the Conditional Use Permit, to allow for front, rear, and
side yard setback allowances for new house construction at 15405 57th Street North, the
following conditions are proposed:
1. The trees at the south side of the subject property shall be preserved.
The Applicant shall indicate which and how many of the trees in the side
yard will be preserved for review by the Planning Commission.
2. 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.
3. Any other conditions of the Planning Commission, City Council and City
Staff.
C: Julie Hultman
4
Page 103 of 134
From:Christopher hays<chays21@icloud.com>
Sent:Thursday,July 6,2023 1:58 PM
Subject:Re:Oak Park Heights-Tree Removal
I'm looking to get a c.u.p for our house in Oak Park Heights. I am aware that the front porch and rear
porch are encroaching on the set backs. I had the surveyor place the house on the lot as such to
preserve as many trees as possible.
Thanks,
Chris Hays
RECEIVEeae 403§ 2023
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Page 111 of 134
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: August 16, 2023
RE: Oak Park Heights — Conditional Use Permit for Setbacks - New
House Construction — 15405 57th Street North — City Council
TPC FILE: 236.05 — 23.01
BACKGROUND
Chris and Kim Hays have made an application for a Conditional Use Permit to allow for
front, rear, and side yard setback allowances. This lot was created by a minor
subdivision process in which two lots were created. The subject lot bordering on 57th
Street is 14,961 square feet and the second lot on 56th Street is 30,000 square feet.
The house at 5655 PeIler Avenue was constructed on the larger lot in 2019. A
Conditional Use Permit was granted to vary from the rear setback by the City Council in
February of 2019.
The property is zoned R-1 Single Family Residential District. Single family dwellings
and their accessory structures are permitted uses in that District. A Conditional Use
Permit is required for reductions in a required yard.
The Planning Commission, at their August 10, 2023, meeting, held a public hearing,
took the Applicant's and public testimony, and after consideration of the application,
unanimously recommended approval with conditions. The recommended conditions are
found below and in the City Council resolution. The Planning Commission made the
recommendation based upon the uniqueness of the neighborhood with the varying
setbacks and house styles. Many of the houses were built at a time prior to zoning
requirements.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Planning Report with Exhibits — August 3, 2023
Page 112 of 134
CONCLUSION/RECOMMENDATION
Subject to their review, the Planning Commission recommended approval of the request
for the Conditional Use Permit to allow for front, rear, and side yard setback allowances
for new house construction at 15405 57th Street North, with the following conditions. A
resolution has been provided to the City Council for their consideration.
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. Any other conditions of the Planning Commission, City Council and City
Staff.
C: Julie Hultman
Page 113 of 134
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 CHRIS AND KIM HAYS FOR CONDITIONAL USE
PERMITS TO ALLOW FOR FRONT, REAR, AND SIDE YARD
SETBACK ALLOWANCES AT 15405 57TH STREET NORTH BE
APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request by Chris and Kim Hays
(Applicants) for Conditional Use Permits to allow for front, rear, and side yard setback
allowances for a new house construction at 15405 57th Street 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-1 Single Family Residential District in which
single family dwellings and accessory structures are a permitted use; and
4. The lot was created by the minor subdivision process, approved on June
19, 2018, resulting in two lots, the neighboring lot bordering on 56th Street which is
30,000 square feet and the subject property on 57th Street which is 15,000 square feet;
and
Page 114 of 134
5. 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-1 Single
Family Residential District; and
6. Section 401.02.B of the Zoning Ordinance provides a definition of lot,
front that specifies that the front lot line of the subject property is Peller Avenue; and
7. Section 401.15.C.1.D of the Zoning Ordinance indicates the following
related to front yard setbacks:
"Where adjacent structures within same block have front yard setbacks different from
those required, the front yard minimum setback shall be the average of the adjacent
structures. If there is only one (1) adjacent structure, the front yard minimum setback
shall be the average of the required setback and the setback of adjacent structures."; and
8. The front yard for the subject property is on Peller Avenue. The house at
5655 Peller Avenue is setback 25.1 feet from the property line. Taking the average of
that setback and the required setback of 30 feet, results in a setback requirement of 27.5
feet. The proposed structure is 25.3 feet from the property line, requiring a Conditional
Use Permit; and
9. The side yard setback requirement is 10 feet, but not less than 30 feet if
the lot is on a corner. The setback requirement for the 57th Street side yard is 30 feet.
The porch of the proposed house is at a 20 foot setback requiring a Conditional Use
Permit, while most of the house is at 30 feet or 33 feet; and
10. The rear yard setback requirement is 30 feet. The house is proposed at
21.1 feet; and
11. The Planning Commission discussed the uniqueness of the neighborhood
with the varying setbacks and house styles as justification for the variance. Many of the
houses were built at a time prior to zoning requirement; and
12. 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
13. City staff prepared a planning report dated August 3, 2023, reviewing the
request; and
14. Said report recommended approval of the Conditional Use Permits in that
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
15. The Planning Commission held a public hearing at their August 10, 2023,
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions.
Page 115 of 134
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 Chris and Kim Hays for Conditional Use Permits to
allow for front, rear, and side yard setback allowances for a new house construction at
15405 57th Street 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. 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.
Approved by the City Council of the City of Oak Park Heights this 22nd day of
August 2023.
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
Page 116 of 134
ATTACHMENT A
,TA
. :.
Conditional Use Permit
Front, Rear & Side Yard Setback Allowances
Chris & Kim Hays
15405 57th St. N.
Washington County Parcel ID Number: 34.029.20.24.0043
Legal Description: Lots 2 & 43, Block 5, Beach's Addition to Oak Park Heights
Page 117 of 134
ATTACHMENT B
Pt•
Conditional Use Permit
Front, Rear & Side Yard Setback Allowances
Chris & Kim Hays
15405 57th St. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing & Recommendation: August 10, 2023
Required Approvals: CUP
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 118 of 134