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HomeMy WebLinkAbout2025-08-09 TPC Planning MemorandumEnclosure 2 MEMORANDUM TO: Jacob Rife FROM: Scott Richards DATE: August 6, 2025 RE: Oak Park Heights – Setback Conditional Use Permit for Accessory Building – 14899 Upper 55th Street North TPC FILE: 236.05 – 25.02 BACKGROUND Robert and Lisa Benson (Applicants) have submitted an application for Conditional Use Permits (CUP) to allow for construction of a accessory building. The application is for three Conditional Use Permits, to allow a reduced setback from what is required, for a second accessory structure, and for construction in a side yard for an accessory building at 14899 Upper 55th Street North. The proposed accessory building is 160 square feet. The property is zoned R-1 Single Family Residential District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative and Information Sheet Exhibit 2: Location Map Exhibit 3: Site Plan Exhibit 4: Building Plans Exhibit 5: Site Photos PROJECT DESCRIPTION The project description and justification for the application is as follows and found as Exhibit 1. We would like to build a shed next to our deck, not by our back property line as there is no room. 2 We would like to use this new shed to store our lawn mower and other yard equipment because of the fumes they produce, and we use our garage for family gatherings. Due to the landscape already in place, there is no room for a shed. Please see the pictures included with the development application. As you can see, there is only one small area for us to gain access to our backyard. The area for the shed is already in place from where we took down the bunny shed/hutch. Accessory building will not exceed 20 feet in height. Accessory building will be closer than 5 feet from the side lot line and closer than 6 feet from other buildings. The structure will meet fire code on the inside to be closer than the 6 feet. Accessory building will not be located within a utility and/or drainage easement. Current detached garage is 916 square feet. Accessory building is 160 square feet with a total of 1076 square feet, which is under the 1200 square feet allowed. 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-1 Single Family 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. Accessory buildings are required to be in the rear yard. In this case, the shed will be placed in the side yard adjacent to the house. The Applicants have indicated that the trees and existing landscaping would not allow placement in the rear yard. The proposed shed would replace a bunny hutch that has been removed. A Conditional Use Permit would be required for the proposed structure in the side yard. The Applicants have provided a site plan that indicates the placement of the structure two feet from the side yard and two feet from the house. The Zoning Ordinance requires a five-foot setback and six-foot setback to the house unless Building Code requirements are met. There is a fence that surrounds the proposed shed location and provides screening from the street and from the side yard. The Applicant has indicated that the shed will be constructed in accordance with the Building Code to allow a two-foot separation distance. A Conditional Use Permit will be required for the proposed setback. 3 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. The combined size of the two structures will be 1076 square feet in compliance with the ordinance. The existing detached structure is in the rear yard and occupies 17.7 percent of that area. The Zoning Ordinance indicates that construction of more than one private garage or storage structure for each single-family property requires a Conditional Use Permit. The proposed shed, at 160 square feet in size in addition to the existing garage, would require a Conditional Use Permit. Drainage The City Engineer will review the drainage for the site. Measures may need to be taken to mitigate any drainage from the shed roof onto the adjacent property, subject to review and 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: There is limited area in the rear yard to add a shed with the existing garage, trees, and landscaping. 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. c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. Comment: The placement of the shed in the side yard would not interfere with existing trees and landscaping. 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. 4 e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 401.15.B.6 of this Ordinance. Comment: The proposed structure should not create any visibility or safety issues. 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. 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 shed 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 shed structure in the side 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 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 a setback of two feet from the side property line where five feet is required. The proposed setback from the house is two feet that will be addressed to comply with Building Code. All other setback and height requirements will be met. 5 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 occupies 17 percent of the rear yard area. The proposed shed will be in the side yard. 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 garage on the lot. A Conditional Use Permit is required to have a second accessory structure on the 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: The total area of the two detached structures will be 1,076 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. 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: A Conditional Use Permit is required. 6 9. Accessory Uses. No accessory uses or equipment such as air conditioning cooling structures or condensers, swimming pools, and the like which generates 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 shed 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 shed will need to be 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. There is limited area in the rear yard to construct a shed. The shed should not have an impact on the adjoining property because of an existing fence, and there is no impact on public services or traffic. 7 CONCLUSION/RECOMMENDATION The Planning Commission should consider the application for Conditional Use Permits (CUP) to allow for construction of an accessory building at 14899 Upper 55th Street North. If the Planning Commission is favorable to the request, it should consider the following conditions: 1. The final grading for the proposed structure shall be subject to approval of the City Engineer. If the proposed structure creates any adverse water runoff impact to the adjacent property, the Applicant/Owner shall take measures to mitigate the issues subject to review and approval of the City Engineer. 2. Any exterior mechanical equipment associated with the shed shall be screened. 3. The exterior of the proposed shed 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 shed. 5. The Applicant shall apply for and receive a building permit for the structure. All applicable Building Code requirements shall be met. 6. PC: Julie Hultman Exhibit 1 Project Narrative and Information Sheet We would like to build a shed next to our deck, not by our back property line as there is no room. We would use this new shed to store our lawn mower and other yard equipment because of the fumes they produce and we use our garage for family gatherings. Due to the landscape already in place, there is no room for a shed…Please see the pictures included with development application. As you can see, there is only one small area for us to gain access to our back yard. The area for the shed is already in place from where we took down the bunny shed/hutch. Thank you for your consideration on this project. Robert & Lisa Benson 14899 Upper 55th Street North Oak Park Heights, MN 55082 Location Map Exhibit 2 Site Plan Exhibit 3 Exhibit 4 Exhibit 5