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HomeMy WebLinkAbout2025-08-04 WC Recorded CUP- Document #4478255Receipt:# 684169 USE $46.00 Return to: E - SIMPLIFILE 4844 North 300 West Suite 202 Provo UT 84604 4478255 IIIIII IIIII IIIII IIIII IIIII IIIII IIII III IIII Certified Filed and/or recorded on: C�L'Irf*-Y*V Office of the County Recorder Washington County, Minnesota Amy Stenftenagel, County Recorder NOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) SS. CITY OF OAK PARK HEIGHTS ) I, the undersigned being duly qualified and acting as Building Official for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Conditional Use Permit For Accessory Detached Garage Structure At 6320 Lookout Trail, N. 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 24th day of July, 2025. Julie ulin an Buil g Ot cial CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT FOR ACCESSORY DETACHED GARAGE STRUCTURE AT 6320 LOOKOUT TRAIL Planners File No. 236.05-24.01 Legal Description: (Washington County Geo. Code: 34.030.20.31.0127) SEE ATTACHED EXHIBIT A Owner: David M. Carpenter & Jenifer Doherty, 6320 Lookout Trail, Oak Park Heights, MN 55082 Applicant: same Site Address: 6320 Lookout Trail, Oak Park Heights Present Zoning District: R-2, Low and Medium Density Residential Date Issued: May 28, 2024 Conditional use required as set forth in Ordinance Chapter 401 Section 401.15.1); 401.26.E.3 I. CONDITIONAL USE PERMITS: The property has single family residential dwelling structure with an attached tuck under garage of 441 sq. ft. The City of Oak Park Heights received a request for a Conditional Use Permit from Applicants to build a detached garage accessory structure totaling 980 sq. ft., which will bring total accessory garage structure space to 1,421 sq. ft. The double frontage property has frontages on both Lookout Trail and on Pecan Ave. N. As a result, the proposed detached garage will be located in a front - yard area and the existing garage plus new accessory structure combined will exceed the 1,200 sq. ft. maximum for accessory structures, necessitating a conditional use permit. An existing garage of 468 square feet will be replaced with a new 768 square foot accessory detached garage structure. Due to the unique shape and layout of the lot and existing structures, the accessory garage will not be within the rear yard, and further the garage will only be 20 feet from the Pecan Ave. right of way, whereas front yard setbacks for a principal structure are 30 feet. The accessory structure will comply with side yard setbacks. The Planning Commission held a public hearing, reviewed the application, and recommended approval on May 9, 2024. The City Council reviewed the matter at its meeting on May 28, 2024. The justification for the reduced setback and placement in the front yard, which the Council found compelling, is that the lot has double frontages, that the front yard abuts both Lookout Trail and Pecan Ave., and given the placement of the principal structure on the lot leaving no other available area for building an accessory structure in compliance with the zoning code requirements without a CUP variance to the requirements. Further the size of the requested detached garage is mitigated by the fact that the existing garage is a tuck -under beneath the house and does not add to the footprint of the existing principal structure. The City Council determined to grant the permits requested for the front -yard placement, reduced front -yard setback, and excess square footage variance subject to the terms expressed below. The City approves the requested conditional use by the May 28, 2024 Resolution 24-05-18 of the City Council of the City of Oak Park Heights subject to the reasonable conditions and restrictions imposed as follows: 1. The City Engineer shall review the drainage for the site. The final grading for the proposed structure shall be subject to review by and approval of the City Engineer. 2. Any exterior mechanical equipment associated with the accessory structure shall be screened. I The exterior of the accessory structure shall be finished with siding and in a color to match the current principal building exterior. 4. The upper level of the accessory structure shall be used for storage and not for habitable space. 5. No kitchens or bathrooms shall be allowed in the proposed garage. 6. A survey shall be submitted prior to issuance of a building permit and comply with the approved site plan. 7. The applicant shall apply for and receive a building permit for the structure. All applicable Building Code requirements shall be met II. Reference Attachment: The report of the City Planner dated May 21, 2024 and Owner's site plan approved by the City Council are annexed hereto as "Exhibit B" by reference. 2 III. 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 constitute abandonment and void the permit. IN WITNESS WHEREOF, the parties have set forth their hands and seals. CITY OF �AK PARK HEIGHTS Dater ._ By Mary WOomber, Mayor Date:�u ���i' � c�2�✓i Date: I o Jacob W, City Administrator David M. Arpe ex, Ow By D Ni Carpente Jenifer Doherty, Owner Date: By j Jn �fer Doherty This instrument drafted by: Kevin S. Sandstrom, Esq. Eckberg Lammers, P.C. 1809 Northwestern Ave. Stillwater, MN 55082 3 EXHIBIT "A" LEGAL DESCRIPTION All that part of Lot 4 in Section 34, Township 30, Range 20, described as follows: Beginning at an iron pipe monument on the west line thereof, said monument being 495 feet north of the southwest corner thereof, and running thence north along said west line 90 feet to an iron pipe monument; thence east on a line parallel to and 585 feet north to the south line of said Lot 4 to the westerly right of way line of Minnesota State Highway Number 212; thence southerly along said westerly right of way line to its intersection with a ling drawn parallel to and 495 feet north of said south line of said Lot; thence west on a straight line to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota - El. EXHIBIT "B" PLANNER'S REPORT DATED 5/21/24 AND SITE PLAN A p . G Date: May 28, 2024 New Business TO: Mayor and City Council FROM: Scott Richards, City Planner AGENDA ITEM: Conditional Use Permits for a New Garage at 6320 Lookout Trail BACKGROUND: David Carpenter and Jenifer Doherty have made an application for Conditional Use Permits (CUP) to allow for construction of a garage at 6320 Lookout Trail. The application is for two Conditional Use Permits, one to allow for placement of the structure in a front yard and the second to exceed the allowable size, 1,200 square feet maximum for accessory buildings. The property has two frontages/front yards, on Lookout Trail and on Peacan Avenue North. There is an existing attached garage of 441 square feet. The proposed accessory building will be 980 square feet for a total of 1,421 square feet. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Approve Resolution 24-05-18 ATTACHMENTS: 1. City Planner Report 2. City Council Resolution 24-05-18 Page 51 of 90 TPC3601 Thurston Avenue N. Suite 100 Anoka. MIN 55303 Phone: 763, 231.5840 Facsimile: 763.427,0520 TPO,'±=,PfanninqCo. com MEMORANDUM TO: Jacob Rife FROM: Scott Richards DATE: May 21, 2024 RE: Oak Park Heights — Conditional Use Permits for a New Garage — 6320 Lookout Trail — City Council Report TPC FILE: 236.05 — 24.01 BACKGROUND David Carpenter and Jenifer Doherty have made an application for Conditional Use Permits (CUP) to allow for construction of a garage at 6320 Lookout Trail. The application is for two Conditional Use Permits, one to allow for placement of the structure in a front yard and the second to exceed the allowable size, 1,200 square feet maximum for accessory buildings. The property has two frontages/front yards, on Lookout Trail and on Peacan Avenue North. There is an existing attached garage of 441 square feet. The proposed accessory building will be 980 square feet for a total of 1,421 square feet. 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. Additionally, the 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 double frontage lot, with access to both Peacan Avenue and Lookout Trail. As indicated, accessory buildings are to be in the rear yard and no front yard setback is specified in the ordinance. In this case, the required setback from either Peacan or Lookout Trail would need to comply with the principal building front yard setback of 30 feet. The proposed accessory building will be set back 20 feet from Peacan Avenue and would comply with the five foot side yard setback. A Conditional Use Permit would be required for the setback distance and that the proposed structure is in the front yard. Page 52 of 90 5. The existing attached garage is 441 square feet. The proposed accessory building is 980 square feet for a total of 1,421 square feet. The ordinance allows for a maximum of 1,200 square feet of the combined size of the attached and detached garage. A Conditional Use Permit would be required for the new structure. In that the existing garage is a tuck under and does not contribute to the overall size of the house, the additional detached structure should not be an issue for mass and scale in the neighborhood; and 6. City staff prepared a planning report dated May 2, 2024, reviewing the request for placement of a garage in the front yard and to exceed the allowable size for accessory buildings at 6320 Lookout Trail North; and 7. Said report recommended approval of the Conditional Use Permits. Said recommendation was subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their May 9, 2024. 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 David Carpenter and Jenifer Doherty for Conditional Use Permits related to placement of a garage in the front yard and to exceed the allowable size for accessory buildings at 6320 Lookout Trail 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: • Conditional Use Permit to allow for placement of the accessory structure in the front yard and with a 20 foot setback. • Conditional Use Permit to exceed the allowable size, 1,200 square feet maximum for accessory buildings. 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. 2 Page 53 of 90 The accessory building will occupy 14.5 percent of the yard between the house and Peacan Avenue. There is no issue with the size of the structure in relation to the area of the yard. The building height of the accessory structure to the midpoint of the highest gable is 18 feet. The height to the midpoint of the highest gable of the house is approximately 19 feet. Although the accessory building will be at a higher elevation than the house and appear taller, the building height will be less and in conformance with the ordinance. The existing attached garage is 441 square feet. The proposed accessory building is 980 square feet for a total of 1,421 square feet. The ordinance allows for a maximum of 1,200 square feet of the combined size of the attached and detached garage. A Conditional Use Permit would be required for the new structure. In that the existing garage is a tuck under and does not contribute to the overall size of the house, the additional detached structure should not be an issue for mass and scale in the neighborhood. The Planning Commission, at their May 9, 2024 meeting, held a public hearing, took the Applicant's testimony, and after consideration of the application, unanimously recommended approval with conditions. There were no other members of the public present at the public hearing. The recommended conditions are found below and the City Council resolution. EXHIBITS The review is based upon the following submittals: Exhibit 1: Planning Report with Exhibits — May 2, 2024 CONCLUSION/RECOMMENDATION The Planning Commission recommended approval of a Conditional Use Permit to allow for construction of a garage at 6320 Lookout Trail subject to the conditions as follows. A resolution has been provided to the City Council for their consideration. Conditional Use Permit to allow for placement of the accessory structure in the front yard and with a 20 foot setback. Conditional Use Permit to exceed the allowable size, 1,200 square feet maximum for accessory buildings. 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 Page 54 of 90 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. The upper level of the proposed garage shall be used for storage and not for habitable space. 5. No kitchens or bathrooms shall be allowed in the proposed garage. 6. A survey shall be submitted prior to issuance of a building permit and comply with the approved site plan. 7. The applicant shall apply for and receive a building permit for the structure. All applicable Building Code requirements shall be met. PC: Julie Hultman 3 Page 55 of 90 TPC3001 Thurston Avenue N, suite 100 Anoka, MN 65303 Phone: 763.231.5840 Facsimile; 763.427.0520 TPCQF4annln9Co.00m MEMORANDUM TO: Jacob Rife FROM: Scott Richards DATE: May 2, 2024 RE: Oak Park Heights — Conditional Use Permits for a New Garage — 6320 Lookout Trail TPC FILE: 236.05 — 24.01 BACKGROUND David Carpenter and Jenifer Doherty have made an application for Conditional Use Permits (CUP) to allow for construction of a garage at 6320 Lookout Trail. The application Is for two Conditional Use Permits, one to allow for placement of the structure in a front yard and the second to exceed the allowable size, 1,200 square feet maximum for accessory buildings. The property has two frontages/front yards, on Lookout Trail and on Peacan Avenue North. There is an existing attached garage of 441 square feet. The proposed accessory building will be 980 square feet for a total of 1,421 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: Survey Exhibit 3: Air Photo/Contour Maps (2 pages) Exhibit 4: Plat Map Exhibit 5: Garage Floor Plan Exhibit 6: Attic Plan Exhibit 7: South Elevation Exhibit 8: East Elevation Exhibit 9: North Elevation Exhibit 10: West Elevation Exhibit 11: Building Section A Exhibit 12: Building Section B Exhibit 13: Building Section C Page 56 of 90 Exhibit 14: Existing Garage Plan Exhibit 15: Detail Photos Exhibit 16: She Photos PROJECT DESCRIPTION The project description and justification for the CUPS from David Carpenter and Jenifer Doherty is as follows: We have lived at 6320 Lookout Trail for over 28 years, having purchased it on February 14, 1996. Our home was built in 1945 for Dr. Miliam G. Collinge and his wife Elizabeth. It's a beautiful home and we've loved and cared for over the years. We've completed many home and garden projects that have honored the history of the home and heritage of our community. We would like to build a detached garage in a section of our yard that would be considered our backyard, or west side of our house. We currently have a small tuck under garage (see note below) in which we cannot lit both of our SUV vehicles, which has been a hardship over the years. We have always had one or more cars that remain outside in all seasons, and as we age, we'd like to keep our cars under the roof of a garage. While we love our home and yard, another hardship of living in our location is that we have a 285 foot long driveway, which is steep, curving, and dangerous In the wintertime. We share our two -ended driveway with our neighbors to the south (the Fenners) and share shoveling duties very amicably. However, where their garage faces Peacen and has a shorter length to exit onto the street, our tuck -under garage falls midway on the driveway between steep hills in bnth directions. As a result, the driveway needs to be shoveled its full length from Peacen Avenue on the west to Lookout Trail on the east so that we can either go up the hill or down the hill, depending on the weather and ice conditions. While we are very accustomed to the winter shoveling, traversing it can be very slippery and dangerous. As we get older, we'd like to ease the necessity to shovel the full length needed to get a car out of our tuck -under garage. By erecting a detached garage on the west side, situated at the top of the Indine, we will be able to get our car out of the driveway on the west entrance without having to shovel the full 2895 fleet from top to bottom. Addliionally, we'll be able to park both of our vehicles under a roof. Two small extensions to the garage, as seen on the attached architectural plan, include a workshop for misc. tools and projects, and a garden shed for the lawn tractor and garden equipment A NOTE ABOUT OUR E WSITNG TUCK -UNDER GARAGE: I'm attaching a section of our original 1946 blueprint that shows the size and location of our existing tuck -under garage. We want to be sure that it is understood that the existing garage Is indeed a complete tuck -under style that fits entkely under the roof of our home. There is no protrusion or additional roof, and it doesn't in any way contribute to impermeable land calculations. The Interior square footage of the tuck -under Is 441 square feet, the 2 Page 57 of 90 exterior square footage is 504 square feet. The exterior walls of the garage are, with the exception of the 15 foot wide single overhead door, completely underground on three sides. The only exposed side to the garage is the south vehide entrance. It does not have an independent roof, as it lies directly undemeath rooms atop it on the main floor of our house. 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 401.15.1) 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. Additionally, the 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 double frontage lot, with access to both Peacen Avenue and Lookout Trail. As indicated, accessory buildings are to be In the rear yard and no front yard setback is specified in the ordinance. In this case, the required setback from either Peacan or Lookout Trail would need to comply with the principal building front yard setback of 30 feet. The proposed accessory building will be set back 20 feet from Peacan Avenue and would comply with the five foot side yard setback. A Conditional Use Permit would be required for the setback distance and that the proposed structure Is in the front yard. The awry building will occupy 14.5 percent of the yard between the house and Peacan Avenue. There is no issue with the size of the structure in relation to the area of the yard. The existing attached garage is 441 square feet. The proposed accessory building is 980 square feet for a total of 1,421 square feet. The ordinance allows for a maximum of 1,200 square feet of the combined size of the attached and detached garage. A Conditional Use Permit would be required for the new structure. In that the existing garage is a tuck under and does not contribute to the overall size of the house, the additional detached structure should not be an Issue for mass and scale in the neighborhood. The criteria for reviewing the CUP request are reviewed later in this report. Page 58 of 90 Survey As of the date of this report, a survey has been ordered but not been completed for this property. The applicant has noted that the site plan that has been submitted will be consistent with the survey. A condition of the Conditional Use Permit will be submittal of the survey. Setbacks 401.15.13.4 C. On a through lot (a lot fronting on two (2) parallel streets), both street lines shall be front lot lines for applying the yard and parking setback regulations of this Ordinance. In addition, no home on a through lot or comer lot in any residential zone shall maintain direct access to any arterial street designated as such by the Comprehensive Plan. The principal structure setback of 30 feet to Peacan will apply, and 20 feet Is proposed. To maintain a reasonable distance between the house and the new garage, the distance between those two structures is proposed at 20 feet. This will also minimize the amount of driveway required for access to the new garage. Dralnage/Utllities 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. Accessory Building Requirements Section 401.15.13 provides a list of requirements for construction of an accessory building on a property. Please find a review of those criteria: 1. Connection with PHnclpel 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 conditlonal use permit according to the provisions of Section 401.03 and Section 40 1. 1& 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. HelghMetbacks. 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 4 Page 59 of 90 rear lot line and shall be six (6) feet or more from any other building or structures 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 20 foot setback from Peacan. 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 comply with this provision with a coverage of 14.5 percent. 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, indusirlal, public or institutlonal 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: Only one detached structure is proposed for this lot. 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: A Conditional Use Permit has been requested for the combined square footage of 1421 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.5. above. Comment: Not applicable. Page 60 of 90 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 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. 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 some or similar quality exterior material shall be used in the accessory building and In the principal building. Alf accessory buildings shall also be compatible with the principal building on the lot. °Compatible" means that Me 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. Condltlonal Use Permits Application for a Conditional Use Permit shall be regulated by Section 401.03 of this Ordinance. Such a Conditional Use Permit may be granted provided that: a. There is a demonstrated need and potential for continued use of the structure for the purpose stated. Comment: The detached accessory building shall be used for storage of vehicles and as a garden shed. b. In the case of residential uses, no commercial or home occupation activities are conducted on the property_ Comment: No home occupations are proposed for the property. C. The building has an evident reuse or function related to the principal use. Comment: The proposed use of the structure is related to the principal use. 6 Page 61 of 90 d. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general weNere. Comment: There should be no hazard to public health, safety and welfare. 216, 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 has a double frontage with two front yards. The applicant has requested a 20 foot setback In order to minimize driveway lengths and keep a reasonable distance between the house and accessory building. 21 f. Existing property line drainage and utility easements are provided for and no building will occur upon this reserved space unless approved in writing by the easement holder. Comment: There is no encroachment of existing easements. 21 g. The reduction will work toward the preservation of trees or unique physical features of the lot or area. Comment: No trees will be removed. 2117. if affecting a north lot line, the reduction will not restrict sun access from the abutting lots. Comment: The building will not restrict sun access to an adjacent property. 211. The building height of an accessory building shag not exceed twenty (20) feet. Comment: The building will be approximately 18 feet in height to the midpoint of the south dormer and will not exceed the height of the principal structure. 21 j. Accessory buildings or detached garages or combination thereof within a residential disbict shall not occupy more than twenty-five (25) percent of the rear yard. Comment: The building will comply. 7 Page 62 of 90 k. The provisions of Section 401.03.A.8 of this Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria. Comment: The criteria are reviewed below. 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 invotved. 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. B. The demonstrated need for such use. 7. Traft generation by the use in relation to capabilities of streets serving the property. 8. The Impact upon existing public services and facc# des including parks, schools, streets, and utlNies, and the Chy'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 unique lot with double street frontages provides a practical difficulty for placing an accessory building on the property. The existing homes on either side are placed forward of the 6320 Lookout Trail house on Peacan Avenue. The proposed garage will not look out of place in relation to surrounding structures. The existing 1945 tuck under garage does not easily accommodate current motor vehicle sizes. City Staff does not see any issues with the request. CONCLUSION/RECOMMENDATION Upon review of the request for the Conditional Use Permits, City staff would recommend the application for Conditional Use Permits (CUP) to allow for construction of a garage at 6320 Lookout Trail 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. 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. The upper level of the proposed garage shall be used for storage and not for habitable space. Page 63 of 90 5. No kitchens or bathrooms shall be allowed in the proposed garage. 6. A survey shall be submitted prior to issuance of a building permit and comply with the approved site plan. 7. The applicant shall apply for and receive a building permit for the structure. All applicable Building Code requirements shall be met. PC. Julie Hultman 9 Page 64 of 90 Carpenter 6' Doberty - 632o Lookout Trail PROJECT NARRATIVE: DETACHED GARAGE We have lived at 6320 Lookout Trail for over 28 years, having purchased it on February 14,1996. Our home was built in 1945 for Dr. William G. Collinge and his wife Elizabeth. It's a beautiful home that we've loved and cared for over the years. We've completed many home and garden projects that have honored the history of the home and heritage of our community. We would like to build a detached garage in a section of our yard that would be considered our bad9mrd, or west side of our house. We currently have a small tuck -under garage (see note below) in which we cannot fit both of our SUV vehicles, which has been a hardship over the years. We have always had one or more cars that remain outside in all seasons, and as we age, weed like to keep our cars under the roof of a garage. While we love our home and yard, another hardships of living in our location is that we have a 285 foot long driveway, which is steep, curving, and dangerous in the winter -time. We share our two -ended driveway with our neighbors to the south (the Fenners) and share shoveling duties very amicably. However, where their garage faces Peacan and has a shorter length to exit onto the street, our tuck -under garage falls midway on the driveway between steep hills in both directions. As a result, the driveway needs to be shoveled its full length from Peacan Avenue on the west to Lookout Trail on the east so that we can either go up the hill or down the hlll, depending on the weather and ice conditions. While we are very accustomed to the winter shoveling, traversing it can be very slippery and dangerous. As we get older we'd like to ease the necessity to shovel the full length needed to get a car out of our tuck -under garage. By erecting a detached garage on the west side, situated at the top of the incline, we will be able to get our car out of the driveway on the west entrance without having to shovel the fnIl 285 feet from top to bottom. Additionally, well be able to park both of our vehicles under a roof. Two small extensions to the garage, as seen on the attached architectural plan, include a workshop for mist. tools and projects, and a garden shed for the lawn tractor and garden equipment. A NOTE ABOUT OUR EXISTIIvG TUCK -UNDER GARAGE: I'm attaching a section of our original 1945 blueprint that shows the size and location of our existing tuck -under garage. We want to be sure that it is understood that the existing garage is indeed a complete tuck -under style that fits entirely under the roof of our home. There is no protrusion or additional roof; and it does in any way contribute to impermeable land calculations. The interior square footage of the tuck -under is 441, the exterior square footage is 504. The exterior walls of the garage are, with the exception of the 15' wide single overhead door, completely under ground on three sides. The only exposed side to the garage is the south vehicle entrance. It does not have an independent roof; as it lies directly underneath rooms atop it on the main floor of our house. Our architect was very mindful of staying well within the 1,200 square foot regulations, and designed a 980 square foot garage. It is still unclear to him Wwhy we need to take into consideration our tuck -under square footage. He would like to discuss to further understand as it does not fall outside of the house roof lines. Page 65 of 90 PE CAN AVE N qlr �N4&4 Page 66 of 90 I Page 67 of 90 r_ Z m LD Ln O n Ln r Z m 0 in r O -P r m Ln 00 (n w m O T to r m O G) O O 0 7 38.45 `98.43 d � t z m v+ w 3 i Ln O T N m O n rn In 0 �o m r Z O �n -4 H wy 4S PG 2 102 DEEDS ME R Page 69 of 90 1 i l ',11.tflf �Ri7iVi_i41:.s14t�'1fI�IfYi *�7 .e �j C' 0 W 4J C.1 w cr— 11 1 4 , Al i it -1..6... i Page 70 of 90 ___ .f ! mom �s I rs' 4{N ! r i T—, ty LJL1 Ij J1R'oM M9lN 9 ifs...: e1• Page 71 of 90 4 1%,- a ., Page 72 of 90 I 4 - J, 11 II I I iI II 1 Page 73 of 90 0 Page 74 of 90 612 7 4 F ju J r --------Page 75 of 90 I Page 76 of 90 Q ss $ x Page 77 of 90 4. Page 78 of 90 Fyu-5; t1klg IUCA �c-E616 '` ,� ice- a-�JT��&N�-� • _-, .��® _ _ ��.� ,___ n , } • 4� _.fir �e4s —� w� � - � s P . \• 1 %,� i i A-c ft` w. can C. s R E '�r•�D-I�..Q•.lC+:Oi7t;i' iw „• . . .f • y . .:� � � ■q -•• _` 7 *.. a' �r'.°"`s ^•r`rt �a''F •• L*•r-^ S` .sue. ^ a ,.4 .� RJ f e •: T j • - •a Details to match existing home garsge doors, corbels. sm&U windo, stone veneer Page 80 of 90 Page 81 of 90 Page 82 of 90 Page 83 of 90 RESOLUTION NO.24-05-18 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, NUNNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY DAVID CARPENTER AND JENIFER DOHERTY AT 6320 LOOKOUT TRAIL NORTH FOR CONDITIONAL USE PERMITS TO ALLOW CONSTRUCTION OF A GARAGE, BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from David Carpenter and Jenifer Doherty for Conditional Use Permits related to piacement of a garage in the front yard and to exceed the allowable size for accessory buildings at 6320 Lookout Trail North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended the application 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 dwellings and accessory structures are a permitted use; and 4. The subject property is a double frontage lot, with access to both Peacan Avenue and Lookout Trail. Accessory buildings are to be in the rear yard and no front yard setback is specified in the ordinance. In this case, the required setback from either Peacan or Lookout Trail would need to comply with the principal building front yard setback of 30 feet. The proposed accessory building will be set back 20 feet from Peacan Avenue and would comply with the five foot side yard setback. A Conditional Use Permit would be required for the setback distance and that the proposed structure is in the front yard; and Page 84 of 90 The exterior of the proposed garage shall be finished with siding and in a color to match the current principal building exterior. 4. The upper level of the proposed garage shall be used for storage and not for habitable space. No kitchens or bathrooms shall be allowed in the proposed garage. 6. A survey shall be submitted prior to issuance of a building permit and comply with the approved site plan. T The applicant shall apply for and receive a building permit for the structure. All applicable Building Code requirements shall be met. Approved by the City Council of the City of Oak Park Heights this 28's day of May 2024. Mary McComber, Mayor ATTEST: Jacob Rife, City Administrator Page 85 of 90