Loading...
HomeMy WebLinkAbout2005-06-28 CC Meeting Packet EnclosureJune 28 2005 5 minutes Oak Park Heights Request for Council Action Meeting Date Agenda Item Title: Conditional Use Permit Rodne Bahr Construction — house movin Time: ENCLOSURE 07 Agenda Placement New Business Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Consider and A rove CUP Re uest with Conditions Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see aftached documents from Scott Richards: 1. Planning Report dated May 26 2005 2. Planning Commission Resolution 3. City Council Resolution PLANNING REPORT TO: Eric Johnson FROM: Dan Petrik/Scott Richards DATE: May 26, 2005 RE: Oak Park Heights — Conditional Use Permit for Bahr Construction to move one house 15431 58 Street North. FILE NO: 798.02 r--- 05.05 BACKGROUND Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: ISSUES ANALYSIS N ASSOCIATED CONSULTANTS, NC. Site and Landscape Plan Grading Plan Utility Plan Building Foundation Plan 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .25 55 Facsimile: 763.23 1 .2 561 planners@nacplanning.com The applicant, Rodney Bahr, has requested a conditional use permit to allow for an existing detached single family home to be relocated onto a vacant lot at 15403 58 Street North. The lot is within the R-1 District, Single Family Residential. The applicant relocated a house onto the adjacent lot to the east (15431 58 Street North) last year. The current relocation application is expected to be similar to the one completed last year. Comprehensive Plan - The Comprehensive Plan Land Use Map designates the lot for single family residential use. The Village neighborhood containing the lot is an older area of mostly one and two -story homes. Immediately across the street from the vacant lot are two single - story homes dating from the 1950s and 1960s. Many of the trees located on the west edge of the property will be preserved. Zoning - The zoning map designates the lot as R -1, Single - Family Residential. The lot and site plan meet the following requirements for this district: minimum lot size -- 10,400 square feet, minimum lot width of 80 feet, front setback of 30 feet, side setback of 10 feet and rear setback of 30 feet. 4. A site plan showing an enhanced landscape plan is provided and approved by the city Arborist. 5. Approval of a grading plan by the City Engineer. B. Submittal of a transportation plan showing the route for moving the structure and a permit from the County for movement on county roads. 7. Review and approval from Excel Energy concerning clearance for movement beneath power lines. 8. Approval of the City Engineer for utility connections and subsequent road patching. 9. The addition of a silt fence along the north side of the property during construction. 10. Deed of conveyance from previous owner to Bahr Construction for this property. 11 .Any required State environmental permitting for the site shall be obtained by the applicant and written copies provided to the City within ten days of receipt. 12. Applicant shall secure a licensed environmental specialist, subject to the approval of the City Engineer, to be on site at all times during excavation to ensure that there are not findings of inappropriate buried materials and /or tanks. Should any inappropriate materials be found during excavation, all work shall cease and the City shall be immediately notified. Upon completion of excavation, the specialist will provide written comments to the City that no inappropriate, inconsistent or hazardous materials were found. 18. Submittal of a plan for house movement through Oak Park Heights to the site that addresses clearance under significant trees over the ROW. pc: Julie Hultman 4 Conditional Use Permit - The Zoning Ordinance, Section 401.15.J., requires that the relocation of any building or structure over one hundred and twenty (120) square feet onto a lot within the City be subject to review and approval of a conditional use permit. In evaluating the requested conditional use permit, Section 401.03.A., of the Zoning Ordinance directs the Planning Commission and City Council to consider the possible adverse effects of the proposed use, with their judgment based upon, but not limited to the following factors: a. Relationship to the specific policies and provisions of the municipal Comprehensive Plan. b. The conformity with present and future land uses of the area. c. The environmental issues and geographic area involved. d. The impact on character of the surrounding area. e. The demonstrated need for such use. f. Traffic generation by the use in relation to the capabilities of streets serving the property. g. The impact upon existing public services and facilities including parks, schools, streets, utilities and the City's service capacity. Comment: Grading according to the submitted grading plan will cause runoff from the relocated structure and the south half of the lot to flow onto the property immediately to the south. The City Engineer must review and approve the grading plans prior to construction. The surrounding community is characterized by mature vegetation and substantial foundation plantings. The submitted landscape plan only includes four junipers located next to the front foundation. The applicant has indicated that the entire lot will be sodded upon construction completion. Additional landscaping should be provided, however, to blend in with the existing neighborhood. The landscape plan should be revised to be equal to or better than the plan submitted by the applicant for the adjacent house last year. Landscape plans should be approved by the City Arborist. Aside from drainage and landscaping concerns, staff has evaluated the above criteria and feels that the applicant's project meets these requirements. Performance Standards - Additional comments and criteria for review of a conditional use permit specific to the relocation of a structure as specified in Section 401.15.J. of the Zoning Ordinance are as follows: a. Upon relocation, the building shall comply with the applicable requirements of the Uniform Building Code in effect in Oak Park Heights. Comment: The building plans are subject to review and approval of the City's Building Official. b. The proposed relocated building shall comply with the character of the neighborhood in which it is being relocated as determined by the City Council. 2 Comment: The neighborhood consists of mostly one and two -story residential structures of mixed age and style. The proposed house is a one -story home with attached garage and will not be at variance with the existing neighborhood character. 0. The relocated house will not result in a depreciation of neighborhood or adjacent property values. Comment: The lot is currently vacant. The proposed house will have a new foundation garage and will be an improvement to the lot and surrounding houses. d. The relocated structure shall be similar to the market valuation of adjacent principal structures as determined by the City Assessor. Comment: The estimated market values of houses in the village area range from $'115,400 to $108,000. The house to be relocated is similar in style and age to that which was relocated to the adjacent parcel last year. Like the previous relocated structure, this one is anticipated to have a higher market value than surrounding homes. Occupancy - The relocated structure shall be ready for occupancy within eight (8) months from the date of location on the site. Comment: The applicant will be required to complete the project within eight months. Performance Security .. A performance security shall be provided to the City as specified in Section 401.08 of the Ordinance. Comment: The applicant will be required to provide the specified security. CONCLUSIONS/RECOMMENDATIONS The relocated house will be a positive addition to the lot and neighborhood at 58 Street North. Based on the issues outlined in this report, staff recommends approval of the requested conditional use subject to the following conditions. 1. Upon relocation and additional construction, the building shall comply with the applicable requirements of the Uniform Building Code subject to approval of the City's Building Inspector. 2. A performance security is provided to the City as specified in Section 401.08 of the Ordinance. 3. The relocated structure is ready for occupancy within eight months from the date of location on the site. 3 follows, to wit: and and A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,'MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND :RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY BAIIR CONSTRUCTION FOR A CONDITIONAL USE PERMIT TO MOVE A SINGLE FAMILY HOME ONTO A VACANT LOT AT 15403 58 STREET NORTII SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Bahr Construction for a conditional use permit to move a single family home onto a vacant lot at 15403 58 street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B 3. The subject property is zoned R -1, Single Family Residential District in which single family dwellings are a permitted use; and 4. Section 401 .15 . J of the Zoning Ordinance specifies criteria for review of a conditional use permit specific to the relocation of a structure within. the City of Oak Park Heights; and 5. City staff prepared a planning report dated May 26, 2005 reviewing the request for the home relocation; and 6. Said planning report recommended that the Planning Commission approve the home relocation with conditions; and 7. The Planning Commission held a public hearing at their June 9, 2005 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS TIIAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Bahr Construction for a conditional use permit to move a single family home onto a vacant lot at 15403 58 Street North and affecting the real property as g Y follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval subject to the following conditions: 1. Upon relocation and additional construction, the building shall comply with the applicable requirements of the Uniform Building Code subject to approval of the City's Building Inspector. 2. A performance security of $5,000.00 is provided to the City as specified in Section 401.05 of the ordinance. 3. The relocated structure is ready for occupancy within eight months from the date of location on the site. 4. A site plan showing an enhanced landscape plan is provided and approved by the City Arborist. 5, Approval of a grading plan by the City Engineer. 6. Submittal of a transportation plan showing the route for moving the structure and a permit from the County for movement on county roads. 7. Review and approval from Excel Energy concerning clearance for movement beneath power lines. 8. Approval of the City Engineer for utility cormections and subsequent road patching. 9. The addition of a silt fence along the north side of the property during construction. 10. Deed of conveyance from previous owner to Bahr Construction for this property. 11. Any required State environmental permitting for the site shall be obtained by the applicant and written copies provided to the City within ten days of receipt. 2 12. Applicant shall secure a licensed environmental specialist, subject to the approval of the City Engineer, to be on site at all times during excavation to ensure that there are not findings of inappropriate buried materials and/or tanks. Should any inappropriate materials be found during excavation, all work shall cease and the City shall be immediately Upon completion U on of excavation, the specialist will provide written P comments to the City that no inappropriate, inconsistent or hazardous materials were found. 13. Submittal of a plan for house movement through Oak Park Heights to the site that addresses clearance under significant trees over the ROW. Such plan shall also require pre - approval by the Chief of Police. Recommended b y Planning the Pla nin Commission of the City of Oak Park Heights this 9th day of June 2005. ATTEST: Eric A. Johnson, City Administrator Mike Runk, Chair 3 Attachment A Washington county GEO Code: 03.029.20.21.0045 Legal Description: Lot 7 & 8, Block 6, Oak Park Addition Physical Address: 15403 58 St. N. Required Approvals: City Council ATTACHMENT B CUP 4/5 Conditional Use Permit Bahr Construction LLC- Residential Dwelling Move -in (Relocated from Lake Elmo to 15403 58 St. N.) Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailin g List from Washington County (350'!150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: May 25, 2005 Planning Commission Public Hearing & Recommendation: June 9, 2005 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially y void on the request, the conditional use permit shall become null and void twelve ( g months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use p ermit shall be submitted to the Zoning Administrator not less than thirty (30 ) days before the expiration of said approval. (401 O3C.4.a and b) v A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY BAHR CONSTRUCTION FOR A CONDITIONAL USE PERMIT TO MOVE A SINGLE FAMILY HOME ONTO A VACANT LOT AT 15403 58 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Bahr Construction for a conditional use permit to move a single family home onto a vacant lot at 15403 58 Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with condition& The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as SEE ATTACHMENT A The applicant has submitted an application and supporting documentation to the Comnmnity Development Department consisting of the following items: follows, to wit: and and RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA SEE ATTACHMENT B 3. The subject property is zoned R-1, Single Family Residential District in which single family dwellings are a pennitted use; and 4. Section 401.15J of the Zoning Ordinance specifies criteria for review of a conditional use permit specific to the relocation of a structure within the City of Oak Park Heights; and 5. City staffprepared a planning report dated May 26, 2005 reviewing the request for the home relocation; and 6. Said planning report recommended that the Planning Commission approve the home relocation with conditions; and 7. The Planning Commission held a public hearing at their June 9, 2005 meeting, took comments from the applicants and public, closed the public healing, and recommended that the request be approved 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 Bahr Construction for a conditional use permit to move a single family home onto a vacant lot at 15403 58, Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. Upon relocation and additional construction, the building shall comply with the applicable requirement's of the Uniform Building Code subject to approval of the City's Building Inspector. 2. A performance security of $5,000.00 is provided to the City as specified in Section 401 of the Ordinance. 3. The relocated structure is ready for occupancy within eight months from the date of location on the site. 4. A site plan showing an enhanced landscape plan is provided and approved by the City Arborist. 5. Approval of a grading plan by the City Engineer. 6. Submittal of a transportation plan showing the route for moving the structure and a permit from the County for movement on county roads.. 7. Review and approval from Excel Energy concerning clearance for movement beneath power lines. 8. Approval of the City Engineer for utility connections and subsequent road patching. 9. The addition of a silt fence along the north side of the property during construction. 10. Deed of conveyance from previous owner to Bahr Construction for Ibis property. 11. Any required State environmental permitting for the site shall be obtained by the applicant and written copies provided to the City within ten days of receipt. 12. Applicant shall secure a licensed environmental specialist, subject to the approval of the City Engineer, to be on site at all times during excavation to ensure that there are not findings of inappropriate buried materials and/or tanks. Should any inappropriate materials be found during excavation, all work shall cease and the City shall be immediately notified. Upon completion of excavation, the specialist will provide written comments to the City that no inappropiate, inconsistent or hazardous materials were found. 13. Submittal of a plan for house movement throat! Oak Park Heights to the site that addresses clearance under significant trees over the ROW. Such plan shall also require pre-approval by the Chief of Police. ATTEST: Approved by the City Council of the City of Oak Park Heights this 28, day of June 2005. Eric A. Johnson, City Administrator David Beaudet, Mayor 3 Attachment A Washington County GEO Code: 03.029.20.210045 Legal Description: Lot 7 & 8, Block 6, Oak Park Addition Physical Address: 15403 58 St. N. City Council 4/5 Required Approvals: CUP ATTACHMENT B 7 Conditional Use Permit Bahr Construction LLC- Residential Dwelling Move -In (Relocated from Lake Elmo to 15403 58 St. N.) Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: May 25, 2005 Planning Commission Public Hearing & Recommendation: June 9, 2005 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b)