HomeMy WebLinkAbout2025-05-01 Planning Memorandum TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@Plan n i ngCo.corn
Enclosure 3
MEMORANDUM
TO: Jacob Rife
FROM: Scott Richards
DATE: May 1, 2025
RE: Oak Park Heights — Conditional Use Permit for Construction of a
Garage in the Front Yard and for Setback — 15117 65th Street
North
TPC FILE: 236.05 — 25.02
BACKGROUND
Douglas Hatalla has submitted an application for Conditional Use Permits (CUP) to
allow for construction of a garage at 15117 65th Street North. The application is for two
Conditional Use Permits, one to allow for placement of the structure in a front yard and
the second for a setback of 9 feet where 30 feet is required from 65th Street North. The
property is a corner lot and has two frontages/front yards, on Paris Avenue North and
on 65th Street North. The proposed accessory building is 28 feet x 40 feet square feet
for a total of 1,120 square feet.
The property is zoned R-2 Low and Medium Density Residential District.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Project Narrative
Exhibit 2: Location Map
Exhibit 3: Survey/Site Plan
Exhibit 4: Proposed Building Elevation
Exhibit 5: Garage Floor Plan
Exhibit 6: Site Photos
PROJECT DESCRIPTION
The project description and justification for the CUPs from Douglas Hatalla is found as
Exhibit 1.
ISSUES ANALYSIS
Comprehensive Plan
The property is designated as low density residential in the Comprehensive Plan
Proposed Land Use Map. The request for the new accessory building is consistent with
the Comprehensive policies related to low density land use.
Zoning
The property is zoned R-2 Low and Medium Density Residential District. The accessory
building requirements in Section 401.15.D of the Zoning Ordinance require that the
structures be in a rear yard, be five or more feet from side lot lines, eight feet from the
rear lot line and six feet from any other structure on the same lot, unless requirements
of the Building Code are addressed.
The size limit for attached and detached accessory building size on a lot is 1,200 square
feet and the accessory buildings cannot exceed 25 percent of the total area of the rear
yard. Exceptions to these provisions can be made by Conditional Use Permit.
The subject property is a corner lot, with the front lot line being Paris Avenue and the
side yard being 65th Street North. In that the lot is on the corner, the front yard setback
of 30 feet applies to both frontages.
Accessory buildings are required to be in the rear yard and no front yard setback is
specified in the ordinance. In this case, the required setback from Paris Avenue would
need to comply with the principal building front yard setback of 30 feet. The proposed
structure will be set back 30 feet from Paris Avenue, and nine feet from 65th Street
North, consistent with the setback of the house from 65th Street North. A Conditional
Use Permit would be required for the setback to 65th Street and required in that the
proposed structure is in the front yard.
The proposed structure is 1,120 square feet. The ordinance allows for a maximum of
1,200 square feet of the combined size of attached and detached garages and sheds.
There is an existing 8 feet x 10 feet storage shed on the property. The total square feet
of detached structures will be 1,200 square feet.
While the size of the structure is consistent with the ordinance, the Applicants are
asking for a setback of 9 feet which is 21 feet within the required side yard. The
footprint of the house is 1,064 square feet. A standard two stall garage is 24 feet x 24
feet or 576 square feet, and a three stall garage is 24 feet x 36 feet or 864 square feet.
The Planning Commission should discuss whether a structure of this size is warranted.
Is it reasonable to allow a garage of this size and is it an issue for mass and scale in the
neighborhood? The length of the garage could be reduced from the 40 feet as
proposed to increase the setback to 65th Street North.
2
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.
Criteria for Reduced Setback
Section 401.15.C.1.e.5) of the Zoning Ordinance specifies criteria for the reduction of a
setback by Conditional Use Permit:
5) A required yard on a lot may be reduced by a conditional use permit if the
following conditions are met:
a) The reduction of setback requirements is based upon a 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 lot is unique in that there is no rear yard. The garage
size could be reduced so that the setback from 65th Avenue could
be increased.
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 City Engineer will review the drainage. No easements
are impacted.
c) The reduction will work toward the preservation of trees or unique
physical features of the lot or area.
Comment: The setback of the proposed structure would be consistent
with the existing setback of the house.
d) If affecting a north lot line, the reduction will not restrict sun access
from the abutting lots.
Comment: The proposed structure should not create any sun access
issues.
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 proposed structure should not create any visibility or
safety issues.
3
f) The conditions of Section 401.03.A.8 of this Ordinance are
considered and satisfactorily met.
Comment: The conditions are reviewed in this report.
Garage Standards
Section 401.15.C.1.8.e of the Zoning Ordinance establishes standards for residential
dwellings and accessory structures. The standard that applies to this proposed
accessory structure is as follows:
e. Single Family and Multiple Family Containing Up to Five (5) Units to Include Only
New Construction:
3) Garage Doors/Building Design for Attached or Detached Garages.
Garage doors may be located on another side of the dwelling ("side or
rear loaded") provided that the side of the garage facing the front public or
private street has windows and other architectural details that mimic the
features of the living portion of the dwelling.
The proposed garage doors will face to the west and not front either Paris Avenue or
65th Street North. The building indicates windows on both sides of the garage facing the
right of way.
Accessory Building Requirements
Section 401.15.D provides a list of requirements for construction of an accessory
building on a property. Please find a review of those criteria:
1. Connection with Principal Building. An accessory building shall be
considered an integral part of the principal building if it is connected to the
principal building by a covered passageway.
Comment: The house and garage will not be attached.
2. Location. No accessory buildings shall be erected or located within any
required yard other than the rear yard except by approval of a conditional use
permit according to the provisions of Section 401.03 and Section 401. 15.D.13 of
this Ordinance.
Comment: A Conditional Use Permit has been requested to allow the garage
structure in the front yard setback area.
3. Height/Setbacks. Accessory buildings shall not exceed twenty (20) feet in
height or exceed the height of the principal structure on the lot. Accessory
buildings shall be five (5) feet or more from side lot lines, eight (8) feet from the
rear lot line and shall be six (6) feet or more from any other building or structures
4
providing the requirements of the Building Code are met. Accessory buildings
shall not be located within a utility and/or drainage easement unless written
approval is obtained from the easement holder. The setback and height
requirements under this provision may be varied by approval of a conditional use
permit as provided for in Section 401.03 and Section 401.15.D.13 of this
Ordinance.
Comment: A Conditional Use Permit has been requested for the 9 foot setback
from 65th Street North. All other setback and height requirements will be met.
4. Lot Coverage. No accessory building or detached garage or combination
thereof within a residential district shall occupy more than twenty-five (25)
percent of the area of the rear yard except by approval of a conditional use
permit according to the provisions of Section 401.03 and Section 401. 15.D.13 of
this Ordinance.
Comment: The garage will occupy 19 percent of the front yard area.
5. Number of Structures. No building permit shall be issued for the construction
of more than one (1) private garage or storage structure for each detached single
family dwelling, commercial, industrial, public or institutional building except by
approval of a conditional use permit according to the provisions of Section
401.03 and 401.15.D. 13 of this Ordinance. Every detached single-family
dwelling unit erected after the effective date of this Ordinance shall be so located
on the lot so that at least a two (2) car garage, either attached or detached, can
be located on said lot.
Comment: There is an existing storage shed. In that it is less than 120 square
feet it is exempt from the allowed number of structures. (See # 7 below)
6. Size. No accessory building for single family dwellings or combination of
attached and detached accessory buildings shall exceed one thousand, two
hundred (1,200) square feet of floor area, except by conditional use permit as
provided for in Section 401.03 and Section 401. 15.D.13 of this Ordinance.
Comment: The total area of the two detached structures will be 1,200 square
feet.
7. Administrative Approvals. Storage buildings one hundred twenty(120) square
feet or less and in conformance with the provisions of this Ordinance may be
approved by the Building Official without a building permit and may be in excess
of the number of structures allowable in Section 401.15.D.S. above.
Comment: Not applicable.
8. Building Permit. No building permit shall be issued for the construction of an
accessory building in a residential district when an existing detached garage or
5
other accessory building is located on the same lot, except by conditional use
permit as provided for in Section 401.03 and Section 401.15.D.13 of this
Ordinance.
Comment: Only one detached structure is proposed and the existing structure is
less than 120 square feet.
9. Accessory Uses. No accessory uses or equipment such as air conditioning
cooling structures or condensers, swimming pools, and the like which generate
noise may be located in a side yard except for side yards abutting streets where
equipment is fully screened from view.
Comment: Any exterior mechanical equipment associated with the garage will
need to be screened.
10. Compatibility. The same or similar quality exterior material shall be used in the
accessory building and in the principal building. All accessory buildings shall
also be compatible with the principal building on the lot. "Compatible"means that
the exterior appearance of the accessory building including roof pitch and style is
not at variance with the principal building from an aesthetic and architectural
standpoint.
Comment: The exterior of the garage has been designed to complement the
current principal building exterior.
Conditional Use Permits
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.
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 Conditional Use Permits proposed for the site. The lot is
unique in that the house placement does not provide a back yard for the property
and as a corner lot with double street frontages there is a practical difficulty for
placing an accessory building on the property. The garage size could be
reduced to allow for additional setback to 65th Street North.
6
CONCLUSION/RECOMMENDATION
Upon review of the request for the Conditional Use Permits, the Planning Commission
should consider the application to allow for construction of a garage at 15117 65th Street
North. The request for construction in the front yard is reasonable but the garage size
and setbacks should be considered by the Planning Commission. If the Planning
Commission is favorable to the request it should consider 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. Any exterior mechanical equipment associated with the garage shall be
screened.
3. The exterior of the proposed garage shall be finished with siding and in a
color to match the current principal building exterior.
4. No kitchens or bathrooms shall be allowed in the proposed garage.
5. The applicant shall apply for and receive a building permit for the
structure. All applicable Building Code requirements shall be met.
PC: Julie Hultman
7
Exhibit 1
ATTN: Julie Hultman, Building Official
Planning & Code Enforcement
Narrative for conditional use permit on the property at 15117 65 Street N
To Whom It May Concern:
The owners of the property at 15117 65th Street N in Oak Park Heights, Minnesota
(Douglas and Meghan Hatalla) have applied for a special use permit to build a garage
on their property. Due to the nature of the property — situated on a corner, with the
house at the far west side of the lot and the driveway running the entire southern side of
the property— the only viable space for this project is the side yard on the east.
However, Oak Park Heights interprets this side yard as a front yard (and, indeed, by that
logic, it's also our side yard and back yard!), necessitating the need for a conditional use
permit.
As fellow residents of Minnesota, we know those reading this narrative can understand
the hardship posed by not having a garage. Our desire for this structure is predicated on
several factors: the need for storage, protecting our property and vehicles, enhancing
the neighborhood aesthetic, and safety. We understand that we are asking for certain
variance from the 30-foot setback as well.
Storage: when we moved to Oak Park Heights, the property had an 8x10 shed in the
corner of the lot. As a family of three (7, if we include our dogs and cats!) we quickly
filled this space, and, predictively, are spilling out of it. Our bikes are tied along the roof;
we swap out the lawnmower and snowblower with the season. Douglas, a millwright by
trade, has a large collection of tools that save us from hiring out for certain projects, but
multiple heavy chests take up floor space. And, as five-year-olds do, our daughter has
accumulated her share of summer toys from a picnic table, fairy garden sets, and more.
If you walk into the shed, there is just enough room for someone to take a step in and
turn around (watching their head).
A garage would give us some very literal breathing room. We would be able to access
our bikes more easily and give our daughter easier access to her outdoor toys. We
1
would be able to store our recycling, garbage and compost bins inside as well, removing
the eyesore of having them visible to the neighborhood. Page 6 shows how we intend
to use the space.
Protection of property: A garage will allow us to park our vehicles inside a structure.
This keeps them safer (or at least presents a deterrent) to would-be criminals looking for
an unlocked door, catalytic converter theft, or some other activity. It also protects our
vehicles and batteries from the wear of winter weather, and the potential for damage
during hailstorms or other extreme weather events. The garage also offers a safe space
for toys and bikes that are often left outside in the summer months due to lack of access
to the shed.
Enhancing neighborhood aesthetic: In our four years in Oak Park Heights, we've
demonstrated our dedication to creating a beautiful space on our little corner. We take
great pride in landscaping and gardening. We love creating eclectic outdoor spaces
giving preference to local pollinator plants as well as balancing scents, colors and other
considerations. On the final page of this narrative, we've included screenshots of the lot
as it looked when we moved in (images are taken from Google Streetview, please
excuse the quality!). We've spent time every season since moving in battling the
invasive buckthorn and honeysuckle that ringed the property previously. We also
removed the dying black walnut tree out of our own pocket.
We can guarantee that our garage will not be eyesore. As noted above, we'll be able to
store our waste containers inside. We also plan to add trellises to the sides to grow
morning glories (which will thrive with that eastern morning light!) and other plants.
Safety: Our garage will not hamper visibility for vehicles arriving at the corner of
Paris/65ih Street. We think it will make the corner safer, actually!
This corner has long been a source of consternation for us, as well as our neighbors
with growing families. Between just four families on the corner (not to mention the
friends and family who come to play between the yards as well), there are over 10 kids
under the age of 8. These kids are learning to ride bikes, running between homes,
2
accidentally throwing/kicking balls into the street, and more. It's also a popular walking
route for people and dogs. The high level of pedestrians necessitates some review of
the traffic patterns in the area... But that is not the point of this narrative =]
One of our hopes is that our garage will force people to actually stop at the stop sign at
Paris/65th street. One could sit for a week and count the number of cars that stop
without rolling through the intersection on one hand. With our garage, they will need to
pause at the corner, actually look to their right (and not just to the left to see if cars are
coming), and make an informed decision to turn right.
Another factor for safety is creating a confined space for our daughter and neighbors to
play. The garage on the eastern side of the property, bounded by the house on the
western side, creates a natural space that is away from the roads and keeps them in
sight from just about anywhere in the house.
Request for Variance: As noted and demonstrated in the opening paragraph, we truly
only have one space on our lot where a garage could feasibly be built. As I researched
the primary causation for 30 foot setbacks—the "why," if you will—it seems to come
down to a few factors and our garage will not interfere with any of them. The first is for
safety, and to ensure that emergency vehicles have access and structures aren't too
close to roads or utilities. Our garage won't interfere with that. The second is for privacy,
to create space between buildings and avoid overcrowding. By placing our garage
closer to the corner, and further from the house, we are avoiding overcrowding.
Aesthetics are another reason. We've included an Al rendering (pg 5) of how we
imagine our garage to look, and are certain it will be an aesthically-pleasing addition to
the corner (especially compared to what was there previously (pg 4). The final reason is
zoning compliance —to ensure that residential, commercial, and industrial areas are
separated appropriately. We aren't building any kind of commercial or industrial
structure.
Thank you for your time and consideration. We can be reached by phone or email to
address any further questions, considerations or concerns.
3
Exhibit 2
65th Street
Street East North
•
. . 0,,,,1,,,e
_,- :
a
s
z
j
At
Lam; Nfi ...
4.
'.'ar:.
.
Exhibit 2
t.. ,,....*,:.,, 4,-,„,,.-2_,.. .,.„.?,..:..,,-.1,-,. : „,.. . ,.„,.,... . ,,,,,,,, ..:_. -,. . . ,.----„i i
. { „ y 4
cu
s_
Orleans Street East 65th Street North
ihr,......, . ..... . _ ..„...,... . ......_......„..............,
. ..,..,;,,...,_
„..
...
„....
.... ., ...
...
...............___„,_ ,
,,
_ . . ..
..,.:::„,„,.. .,........„...,.,_,... . .„.... : .,, ,.....
::. _...,_,..,,,._
r
„,...„
. . ...„:„.::„..........,....... . : .............
. ...,
. .....„ _-_,a '.4i4.4,4;!4.4.,:?,444:4;-:;',4,4.,..,_,.;.-,-„:4-f4'-:, .0111/100,4,:-.,;--..,:i.,,.:.:,..,,::,.:„..„.;-...,.0.,:.....:,...
z
r
65TH STREET NORTH
PA
R
I
S
A
V
E
N
U
E
N
.
N
O
R
T
H
28.00
40
.
0
0
28.00
40
.
0
0
PR
O
P
O
S
E
D
G
A
R
A
G
E
9'
30'
18
.
5
'
27.8'
X
1025.0
0
NORTH
20 40
ZZ20644
LAND SURVEYING, INC.
CORNERSTONE
Suite #200
1970 Northwestern Ave
Stillwater, MN 55082
Phone 651.275.8969
Fax 651.275.8976
dan@
cssurvey
.net
PROJECT NO.
CERTIFICATION
I hereby certify that this survey, plan or report was
prepared by me, or under my direct supervision, and
that I am a duly Licensed Land Surveyor under the laws
of the State of MINNESOTA.
DANIEL L. THURMES
License No. 25718 Date:
PROPOSED AREAS
AREA OF PARCEL = 8,116 SQ. FT.
IMPROVEMENTS TO REMAIN
HOUSE =1,064 SQ. FT.
GRAVEL DRIVEWAY = 915 SQ. FT.
FRONT PORCH = 126 SQ. FT.
CONCRETE = 272 SQ. FT.
DECK = 49 SQ. FT.
TOTAL = 2,426 SQ. FT.
PROPOSED IMPROVEMENTS
GARAGE = 1120 SQ.FT
CONC. PADS = 41 SQ.FT.
ADDITIONAL GRAVEL DRIVEWAY = 147 SQ.FT.
TOTAL = 1,308 SQ.FT.
TOTAL EXISTING TO
REMAIN & PROPOSED = 3,734 SQ.FT.
% IMPROVED = 46.0%
SITE PLAN
FOR: Meghan Hatalla
meghatalla@gmail.com
PROJECT LOCATION:
15117 65TH STREET NORTH
OAK PARK HEIGHTS, MN
4-14-25
SEE SURVEY BY CORNERSTONE
LAND SURVEYING, INC. DATED
10-5-2020 FOR ADDITIONAL
INFORMATION.
PROPOSED BUILDING ELEVATIONS:
GARAGE INFO
Building height - 10 feet
Ceiling height - 10 feet 4 inches
Peak height - 15 feet 4 inches
4-27-25
Exhibit 3
Ex
h
i
b
i
t
3
Exhibit 4
i s
Mini
I11.1111
f....br.
i , , 1 ,
-1 i . L 1_,
FAO-
!Y
■I
III
■■
■■
II
tx
II
Ta ■■
0 'I
I
Exhibit 5
3
a) /
a
0
0
+� c
Z
a)
0
t6
-o y
0 m
o
o
0 0
a 0
c�
0 -0
as
0
na
U U,
C „
O
no
0
U
ca
0
0
0
a)
0
ca
a5aaots /gauaq >ja0M
0
aH
MOputm
0
a)
Exhibit 6
.>
lea A
As A
.' j
a i. {
' I
'''''',1' '''Ilet4*".#1k
,� w - a,
Exhibit 6
. . ate
Exhibit 6
.tr
i
FigFKK
.. uw Ah '"N'ra', ,
� � .
v
04
v.
M< t
}- 4a.' '�
8 E C�
—
1
» ` ► _ *
sr'r
Exhibit 6
IP.t / '' 40,14.
4' TJ ( % 41it �.
10
;� 4 a
Alq#001)t:4 ‘.1",---I.W.--:"V ,.:!--44,77:3!..titi.,,,.- '--4_.--'i'-';-. - " . - !- ,i..-..--i.,
N.
,. ,�.
Meghan Hatalla: 651 278 6383, meghatallacc gmail.com
Douglas Hatalla: 715 441 3003, dhatalla a(7gmail.com
4