HomeMy WebLinkAbout2023-09-27 CUP to CA For Recording Julie Hultman
From: Julie Hultman
Sent: Wednesday, September 27, 2023 8:19 AM
To: 'Kevin Sandstrom'
Cc: City Admin; Jennifer Pinski
Subject: Hays CUP - For Recording
Attachments: SKM BT_C55423092707150.pdf
Good-morning Kevin,
We have received the signed CUP document back from the Hay's. Kindly record the document at your earliest.
Thank you,
Julie Hultman Building Official
Planning&Code Enforcement
Office: 651.351.1661
From: bizhubC554@cityofoakparkheights.com <bizhubC554@cityofoakparkheights.com>
Sent: Wednesday, September 27, 2023 8:16 AM
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 Assistant City Administrator for the
City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the
attached document:
Conditional Use Permit
For Front, Rear, And Side Yard Setback Allowances
For
New House Construction
Located At
15405 57h St. N.
PIN 03.029.20.24.0043
City of Oak Park Heights
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 27th day of
September, 2023. §b�e7; G f
Iiclk" ' .:-'•/—,.;:.i
t« '-.:may.„4.:-.*. ,,I.
Jennifer Pins' - .
t City Administtatox g �;�
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT FOR FRONT,REAR,AND SIDE YARD SETBACK
ALLOWANCES FOR NEW HOUSE CONSTRUCTION AT PARCEL NUMBER 03.029.20.24.0043
Planners File No.: 236.05 —23.01 Date Issued: 8 - 2.2. - , 2023
City Council Approval August 22,2023
Legal Description: (Washington County Geo. Code 03.029.20.24.0043)
LOTS 2 & 4,BLOCK 5,BEACH'S ADDITIONAL TO OAK PARK HEIGHTS
Owner: Kimberly J Hays and Christopher L Hays
15998 Ethan Trail N.
Hugo,MN 55038
Applicant: Kimberly J Hays and Christopher L Hays
15998 Ethan Trail N.
Hugo,MN 55038
Site Address: 15405 57th Street N
Oak Park Heights, MN 55082
Present Zoning District: R-1 SINGLE FAMILY RESIDENTIAL DISTRICT
Permitted uses set forth in Ordinance 401 Section 401.15.C.1.e.5
I. CUP PERMITS FOR:
The City of Oak Park Heights approved an application from Kimberly J Hays and Christopher L. Hays
for a Conditional Use Permit in relation to front, rear, and side yard setback allowances for a new house
construction at 15405 57th Street North.
The purpose of this project is to construct a new house with a front and rear porch while preserving as
many trees as possible.
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.
1
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 front yard setback approved under this CUP is for a
proposed structure 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 approved side yard setback under this CUP is for
the porch of the proposed house at a 20 foot setback while most of the house is at 30 feet or 33 feet. The
rear yard setback requirement is 30 feet. The rear yard setback approved under this CUP is for the house
proposed at 21.1 feet.
Any future changes to the exterior dimensions or layout of the house, porch, or garage will require an
amendment to the approved CUP.
Planning Staff prepared planning reports dated August 3, 2023 and August 16, 2023, reviewing the
request, and the Planning Commission held a public hearing on August 10, 2023 and recommended
approval with conditions. The City Council considered all materials, staff reports, and recommendations
on August 22, 2023 and passed a Resolution approving the Conditional Use Permit subject to conditions
as follows:
II. ADDITIONAL RESTRICTIONS AND 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.
III. Reference Attachment:
The reports of the City Planner dated August 3, 2023 and August 16, 2023, 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 order to 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.
CITY i • OAK P '. HEIGHTS
Date:
9b 82.3 By 1d6- ./►
177 co Ma ' ,
Date: 1I5/23 By - k _ ��0I
enni :
OWNERS
By Wry ays
-25 2.oi3 i
Date: By
Christopher Hays
This instrument drafted by:
Eckberg Lammers, P.C. (KSS)
1809 Northwestern Avenue
Stillwater, MN 55082
3
TPC3601 Thurston Avenue N,Suite 100 2.
Anoka, MN 55303
Phone:783.231.5840
Facsimile: 763.427.0520
TPC@Planni ngCo.corn
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 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 570'
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. I 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) Me 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.
t) 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
(i.e., 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
ifI
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
RECEIVE e
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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 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.
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